Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Lord, for this new day which we see as another gift from Your good hand. Help us appreciate its beauty and use its opportunities. Save us from toying with triffles when we should be inspired by the great. May we give our best to that which is of greatest good to Your people. Give us eyes to see Your beckoning, and spare us from floundering in indecision that wastes our time, subtracts from our peace, divides our efficiency, and multiplies our troubles. May we fear nothing except that knowing what is right then failing to do what is right.
So help us this day, our God, this day and every day. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was introduced:
H. 4811 -- Reps. Wright, M.D. Burriss, Mappus, Sharpe, Winstead, Hallman, Rama, Sturkie, Wells, Klapman, T.M. Burriss, Quinn, Haskins, Harrison, Wilkins, Corning, Kohn, Hendricks, Simpson, L. Martin, Cork, Cole, Bruce, Clyborne, Keegan, McCain, Koon, Corbett, Derrick, Davenport, Wofford, H. Brown, Limehouse, Jaskwhich, Littlejohn, Huff, Lanford, Vaughn, Barfield, Fair and Baker: A HOUSE RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. LEE ATWATER, CHAIRMAN OF THE REPUBLICAN NATIONAL COMMITTEE, FOR A SPEEDY RECOVERY.
The Resolution was adopted.
The following was introduced:
H. 4812 -- Reps. Waites, Keyserling, Whipper, White, Manly, Rudnick, Glover, Neilson and Wells: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REDUCE DEFENSE SPENDING TO FUND VITAL DOMESTIC NEEDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4813 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE GIRLS BASKETBALL TEAM OF LANDRUM HIGH SCHOOL, SPARTANBURG COUNTY, ON ITS OUTSTANDING 1989-90 BASKETBALL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4814 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL GIRLS' BASKETBALL TEAM OF INMAN IN SPARTANBURG COUNTY FOR WINNING THE APPALACHIAN 2A CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KLAPMAN the House stood in silent prayer in memory of Mrs. Meadows, President Holderman's mother-in-law.
Rep. T.C. ALEXANDER moved that when the House adjourns it adjourn in memory of Snead Schumacher, former House Member, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4815 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ARCHITECTURAL-ENGINEERING OR LAND SURVEYING CONTRACTS, SO AS TO CLARIFY THE PROVISIONS GOVERNING THE NEGOTIATION AND AWARD OF SMALL CONTRACTS.
Referred to Committee on Labor, Commerce and Industry.
H. 4816 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND PAYMENT BONDS CONCERNING CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT SECURITY MAY BE PROVIDED IN LIEU OF A PERFORMANCE BOND AND PAYMENT BOND WHEN THE CONTRACT DOES NOT EXCEED FIFTY THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
H. 4817 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO RESOLVE A PROTEST CONCERNING THE SOLICITATION OR THE AWARD OF A CONTRACT SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL MAY ASSESS REASONABLE COSTS AND ATTORNEY'S FEES AGAINST A PARTY OR A PARTY REPRESENTATIVE WHO SIGNS A PROTEST, MOTION, OR OTHER PAPER THAT IS SUBMITTED FOR AN IMPROPER PURPOSE.
Referred to Committee on Judiciary.
H. 4818 -- Reps. Wright, Holt, Corbett, J. Bailey, Farr, Keesley, Whipper, Manly, Wells, Blackwell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-360 SO AS TO PROVIDE THAT A COUNTY AUDITOR, WITH THE APPROVAL OF THE COUNTY GOVERNING BODY, MAY CONTRACT WITH INDEPENDENT AGENTS FOR AID AND ASSISTANCE IN DISCOVERING PERSONAL PROPERTY THAT HAS ESCAPED PROPERTY TAXATION AND TO PROVIDE THE SOURCE OF COMPENSATION FOR THE AGENTS.
Referred to Committee on Ways and Means.
H. 4819 -- Reps. J.C. Johnson and Carnell: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DUI, SO AS TO PROVIDE THAT A VIOLATION OF A LAW OR ORDINANCE IN ANOTHER STATE FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS PURSUANT TO SECTION 56-1-650 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF THIS SECTION.
Referred to Committee on Judiciary.
H. 4820 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO REQUIRE EACH COUNTY TO DESIGNATE AND ESTABLISH ITS VOTING PRECINCTS AND VOTING PLACES; AND TO AMEND SECTION 7-7-710, RELATING TO ALTERATION OF PRECINCTS BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EACH COUNTY MAY ALTER THE PRECINCTS.
Referred to Committee on Judiciary.
H. 4821 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 15-35-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY OF CANCELLATION ON MARGIN OR INDEX OF JUDGMENT, SO AS TO REQUIRE ENTRY OF RELEASE OF MORTGAGE ON LAND SOLD IN FORECLOSURE IN THE INDICES OF JUDGMENTS.
Referred to Committee on Judiciary.
H. 4822 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS AND PENALTIES, SO AS TO CLARIFY VIOLATION OF THE SPEED LIMIT.
Referred to Committee on Education and Public Works.
H. 4823 -- Reps. J.C. Johnson and Carnell: A BILL TO AMEND SECTION 16-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THIRD CONVICTION OF DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PRIOR CONVICTIONS FOR VIOLENT ACTS AGAINST A PERSON WHOSE RELATIONSHIP FALLS WITHIN THE CRIMINAL DOMESTIC VIOLENCE ACT ARE INCLUDED FOR SENTENCING PURPOSES.
Referred to Committee on Judiciary.
H. 4824 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX DEDUCTIONS, SO AS TO PROVIDE FOR A DEDUCTION OF ONE THOUSAND DOLLARS FOR PERSONS WHO HAVE RECEIVED ORGAN OR TISSUE TRANSPLANTS AND ARE REQUIRED TO TAKE IMMUNOSUPPRESSANT MEDICATIONS.
Referred to Committee on Ways and Means.
H. 4825 -- Reps. Davenport and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-242 SO AS TO PROVIDE THAT THE REQUIREMENTS FOR THE CONTINUING EDUCATION OF COSMETOLOGISTS MUST BE DETERMINED BY THE BOARD OF COSMETOLOGY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Carnell Chamblee Clyborne Cooper Corbett Cork Davenport Elliott Faber Fant Felder Ferguson Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain 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 Whipper White Wilkes Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 13, 1990.
Samuel R. Foster L. Edward Bennett Kenneth E. Bailey David H. Wilkins Carole C. Wells Toney L. Farr Roland S. Corning Milford D. Burriss Larry E. Gentry T.M. Burriss Paul W. Derrick Grady A. Brown Paul M. Burch Thomas A. Limehouse Derham J. Cole C. Lenoir Sturkie Olin R. Phillips Joseph B. Wilder Steve Lanford Michael L. Fair Robert A. Kohn George H. Bailey Larry L. Koon
LEAVES OF ABSENCE
The SPEAKER granted Reps. WILDER and RHOAD a temporary leave of absence.
Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendments to Section 39.
Debate was resumed on Section 39.
Rep. HASKINS proposed the following Amendment No. 41 (Doc. No. 1647B).
Amend the bill, as and if amended, Part I, Section 39, Department of Health & Environmental Control, Page 0418, Line 07, by inserting in column (7)/9,021,492/ and in column (8)/680,110/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. R. BROWN moved to adjourn debate upon the section.
Rep. McLELLAN moved to table the motion.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Bennett Blackwell Blanding Boan Carnell Cooper Foster Gordon Harris, J. Harris, P. Hayes Hodges Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McLellan McLeod McTeer Nesbitt Rudnick Sheheen Short Stoddard Waites Waldrop Washington White Williams, D.
Those who voted in the negative are:
Bailey, J. Baker Barber Barfield Baxley Beasley Brown, H. Brown, J. Brown, R. Bruce Burriss, T.M. Chamblee Clyborne Corbett Cork Elliott Faber Fant Farr Felder Glover Hallman Harrison Harvin Harwell Haskins Hendricks Huff Jaskwhich Keegan Kinon Kohn Littlejohn Mappus Martin, L. McBride McCain McEachin McElveen McGinnis Moss Neilson Nettles Quinn Rama Rogers, J. Rogers, T. Sharpe Simpson Smith Snow Taylor Townsend Tucker Vaughn Wells Whipper Wilkes Wilkins Wofford Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate on the section.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barfield Baxley Beasley Brown, H. Brown, R. Bruce Burriss, T.M. Clyborne Corbett Cork Elliott Faber Farr Felder Glover Hallman Harrison Harvin Harwell Haskins Hendricks Huff Jaskwhich Keegan Kinon Klapman Kohn Littlejohn Mappus Martin, L. McBride McCain McEachin McGinnis Moss Neilson Nettles Quinn Rama Rogers, J. Rogers, T. Sharpe Simpson Smith Snow Taylor Tucker Vaughn Waldrop Wells Wilkes Wilkins Wofford Wright
Those who voted in the negative are:
Altman Bailey, K. Barber Bennett Blackwell Blanding Boan Brown, J. Carnell Chamblee Cooper Foster Gordon Harris, J. Harris, P. Hayes Hodges Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McElveen McLellan McLeod McTeer Nesbitt Rudnick Sheheen Stoddard Townsend Waites Washington Whipper White Williams, D. Winstead
So, the motion to adjourn debate was agreed to.
Rep. R. BROWN moved to adjourn debate upon the section.
Rep. McLELLAN moved to table the motion.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Bennett Blackwell Blanding Boan Carnell Foster Gordon Harris, J. Harris, P. Hayes Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McLellan McTeer Nesbitt Rudnick Sheheen Short Stoddard Waites Washington Whipper White Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Barfield Baxley Beasley Brown, H. Brown, J. Brown, R. Bruce Burriss, T.M. Chamblee Clyborne Cooper Corbett Cork Elliott Faber Felder Glover Hallman Harrison Harvin Harwell Haskins Hendricks Huff Jaskwhich Keegan Kinon Kohn Littlejohn Mappus Martin, L. McBride McCain McEachin McGinnis McLeod Moss Neilson Nettles Quinn Rama Rogers, J. Rogers, T. Sharpe Simpson Smith Snow Sturkie Taylor Tucker Vaughn Waldrop Wells Wilkes Wilkins Winstead Wofford Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate on the section, which was agreed to.
Rep. McLELLAN explained the section.
Rep. KLAPMAN raised the Point of Order that the member's remarks were out of order as they were not pertaining to the section up for consideration, Section 41.
The SPEAKER stated that the member's remarks were pertaining to the Appropriations Bill, but he cautioned him to limit his remarks to Section 41.
Rep. McLELLAN continued speaking.
Rep. FELDER inquired about the time limit for debate since there were no amendments on the section up for consideration.
The SPEAKER stated that the member had one hour for debate on the section.
Rep. R. BROWN spoke upon the section.
Rep. HASKINS raised the Point of Order that since no motion had been made to take up the Bill on a section by section basis, then Rule 5.19 (b) would not be applicable since it did not state that the Bill had to be taken up on a section by section basis, but only pertained to limiting the debate.
The SPEAKER stated, citing Rule 5.19 (b), that the precedence was clear pertaining to this rule and he overruled the Point of Order.
Rep. L. MARTIN inquired of the Chair whether or not the motion to take up the Appropriations Bill on a section by section basis had been made.
The SPEAKER stated that the motion had not been made.
Rep. R. BROWN moved to adjourn debate upon the section.
Rep. CARNELL moved to table the motion.
Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bennett Blackwell Blanding Boan Brown, J. Carnell Foster Gentry Gordon Gregory Harris, J. Harris, P. Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McCain McLellan McTeer Rudnick Sheheen Short Stoddard Townsend Waites Washington Whipper White Williams, D. Williams, J. Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Barfield Baxley Beasley Brown, G. Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Faber Fair Fant Farr Felder Ferguson Glover Hallman Harrison Harvin Harwell Haskins Huff Jaskwhich Keegan Kinon Kohn Koon Littlejohn Mappus Martin, L. McBride McEachin McGinnis McLeod Moss Neilson Nesbitt Nettles Quinn Rama Rogers, J. Rogers, T. Sharpe Simpson Smith Snow Sturkie Taylor Tucker Vaughn Waldrop Wells Wilkes Wilkins Wofford Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. R. BROWN moved to adjourn debate upon the section.
Rep. McLELLAN moved to table the motion, which was not agreed to by a division vote of 35 to 64.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. CARNELL explained the section.
Reps. MATTOS, WASHINGTON and P. HARRIS spoke in favor of the section.
Section 43 was adopted.
Section 43.1 was adopted.
Section 43.2 was adopted.
Section 43.3 was adopted.
Section 43.4 was adopted.
Section 43.5 was adopted.
Section 43.6 was adopted.
Section 43.7 was adopted.
Section 43.8 was adopted.
Section 43.9 was adopted.
Section 43.11 was adopted.
Section 43.12 was adopted.
Section 43.13 was adopted.
Section 43.14 was adopted.
Section 43.15 was adopted.
Section 43.16 was adopted.
Section 43.17 was adopted.
Section 43.18 was adopted.
Section 43.19 was adopted.
Section 43.20 was adopted.
Section 43.21 was adopted.
Section 44 was adopted.
Section 44.1 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 47 was adopted.
Section 47.1 was adopted.
Section 47.2 was adopted.
Section 48 was adopted.
Section 48.1 was adopted.
Section 48.2 was adopted.
Section 48.3 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 51 was adopted.
Section 52 was adopted.
Section 52.1 was adopted.
Section 52.2 was adopted.
Section 52.3 was adopted.
Section 52.4 was adopted.
Section 52.5 was adopted.
Section 52.6 was adopted.
Section 52.7 was adopted.
Section 52.9 was adopted.
Section 52.10 was adopted.
Section 53 was adopted.
Section 53.1 was adopted.
Section 54 was adopted.
Section 54.1 was adopted.
Section 54.2 was adopted.
Section 54.3 was adopted.
Section 54.4 was adopted.
Section 54.5 was adopted.
Section 54.6 was adopted.
Section 54.7 was adopted.
Section 54.8 was adopted.
Section 54.9 was adopted.
Section 55 was adopted.
Section 55.1 was adopted.
Section 55.2 was adopted.
Section 56 was adopted.
Section 57 was adopted.
Section 57.1 was adopted.
Section 57.2 was adopted.
Section 57.3 was adopted.
Rep. BAXLEY moved to adjourn debate upon the section, which was adopted.
Section 59 was adopted.
Section 59.1 was adopted.
Section 59.2 was adopted.
Section 59.3 was adopted.
Section 59.4 was adopted.
Section 59.5 was adopted.
Section 59.6 was adopted.
Section 59.8 was adopted.
Rep. McABEE explained the section.
Section 59.9 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 61 was adopted.
Section 61.1 was adopted.
Section 61.2 was adopted.
Section 61.3 was adopted.
Section 61.4 was adopted.
Section 62 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 65 was adopted.
Section 65.1 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 68 was adopted.
Section 69 was adopted.
Section 70 was adopted.
Rep. McABEE explained the section.
Section 71 was adopted.
Rep. MATTOS inquired of the Chair if the House could go back to the section on Mental Retardation, Section 41, since the House was adopting all sections without amendments.
The SPEAKER stated that the House had adjourned debate on Section 41 and would go back to it after Part I of the Bill unless the motion was made to reconsider the vote whereby the House adjourned debate on the section.
Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on Section 41, which was agreed to.
Section 41, was adopted.
Section 41.1 was adopted.
Section 41.2 was adopted.
Section 41.3 was adopted.
Section 41.4 was adopted.
Section 41.5 was adopted.
Section 41.6 was adopted.
Section 41.7 was adopted.
Section 41.8 was adopted.
Section 41.9 was adopted.
Section 41.10 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 73 was adopted.
Section 73.1 was adopted.
Section 73.2 was adopted.
Section 73.3 was adopted.
Section 73.4 was adopted.
Section 73.5 was adopted.
Section 73.6 was adopted.
Section 74 was adopted.
Section 74.1 was adopted.
Section 75 was adopted.
Section 75.1 was adopted.
Section 75.2 was adopted.
Section 75.3 was adopted.
Section 75.4 was adopted.
Section 75.5 was adopted.
Section 75.6 was adopted.
Section 75.7 was adopted.
Section 76 was adopted.
Section 77 was adopted.
Section 78 was adopted.
Section 78.1 was adopted.
Section 78.2 was adopted.
Section 78.3 was adopted.
Section 78.4 was adopted.
Section 79A was adopted.
Section 79B was adopted.
Section 79C was adopted.
Section 79.1 was adopted.
Section 80 was adopted.
Section 80.1 was adopted.
Section 81 was adopted.
Section 82 was adopted.
Rep. KEESLEY moved to adjourn debate upon Provisos 82.1-82.9, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
The following was received.
Columbia, S.C., March 13, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. J.W. JOHNSON the invitation was accepted.
Rep. McLELLAN moved that upon the completion of the Ratification of Acts the House recede until 2:00 P.M., which was adopted.
Section 84 was adopted.
Section 85 was adopted.
Section 85.1 was adopted.
Section 85.2 was adopted.
Section 85.3 was adopted.
Section 86 was adopted.
Section 86.1 was adopted.
Section 87 was adopted.
Section 88 was adopted.
Section 89 was adopted.
Section 90 was adopted.
Section 91 was adopted.
Section 92 was adopted.
Section 93 was adopted.
Section 94 was adopted.
Section 95 was adopted.
Section 96 was adopted.
Section 97 was adopted.
Section 98 was adopted.
Section 99 was adopted.
Section 100 was adopted.
Section 101 was adopted.
Section 102 was adopted.
Section 103 was adopted.
Section 104 was adopted.
Section 105 was adopted.
Section 106 was adopted.
Section 107 was adopted.
Section 108 was adopted.
Section 109 was adopted.
Section 110 was adopted.
Section 111 was adopted.
Section 112 was adopted.
Section 112.1 was adopted.
Section 112.2 was adopted.
Section 113 was adopted.
Section 114 was adopted.
Section 115 was adopted.
Section 116 was adopted.
Section 117 was adopted.
Section 118 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 121 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Section 123 was adopted.
Section 123.1 was adopted.
Section 123.2 was adopted.
Section 123.3 was adopted.
Section 123.4 was adopted.
Section 123.5 was adopted.
Section 123.6 was adopted.
Section 123.7 was adopted.
Section 123.8 was adopted.
Section 123.9 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R380) 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.
(R381) 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.
(R382) S. 326 -- Senator Land: AN ACT 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.
(R383) S. 1151 -- Senators Waddell and Lindsay: AN ACT 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.
(R384) S. 1170 -- Banking and Insurance Committee: AN ACT 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.
(R385) S. 699 -- Senator Waddell: AN ACT TO AMEND SECTION 51-13-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE SIZE OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 51-13-720, RELATING TO THE GOVERNING BOARD OF THE AUTHORITY, SO AS TO REVISE THE MANNER IN WHICH THE GOVERNING BOARD IS APPOINTED; TO AMEND SECTION 51-13-810, RELATING TO THE AUTHORIZATION OF THE AUTHORITY TO ISSUE REVENUE BONDS, SO AS TO DELETE THIS AUTHORIZATION, AND TO PROVIDE FOR THE MANNER IN WHICH THE AUTHORITY IS AUTHORIZED TO BORROW MONEY; TO AMEND SECTION 51-13-840, RELATING TO THE EXEMPTION FROM TAXATION OF THE PROPERTY OF THE AUTHORITY, SO AS TO FURTHER PROVIDE FOR THIS EXEMPTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 51-13-860 SO AS TO AUTHORIZE THE AUTHORITY TO BORROW NOT EXCEEDING SIX MILLION DOLLARS UNDER CERTAIN CONDITIONS AND FOR SPECIFIED PURPOSES; AND BY ADDING SECTION 51-13-870 SO AS TO REQUIRE THE AUTHORITY TO SUBMIT A FINANCIAL STATUS REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY JANUARY 1, 1994, AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ABOVE PROVISIONS.
(R386) S. 468 -- Senator Drummond: AN ACT 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 SECTION 50-9-110 RELATING TO FIELD TRIALS OF DOGS.
(R387) S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "STATE", AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO A GOVERNMENTAL ENTITY'S WAIVER OF IMMUNITY UNDER THE ACT, SO AS TO PROVIDE THAT THE ENTITY IS NOT LIABLE FOR A LOSS RESULTING FROM GOOD FAITH ACTS OR OMISSIONS OF EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED.
(R388) S. 1106 -- Judiciary Committee: AN ACT 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.
(R389) S. 464 -- Senator Drummond: AN ACT 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.
(R390) S. 586 -- Senator Land: AN ACT 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.
(R391) S. 469 -- Senator Drummond: AN ACT 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.
(R392) S. 1104 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF APPLICATION FOR AN 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.
(R393) S. 1105 -- Judiciary Committee: AN ACT 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.
(R394) S. 792 -- Senator Martin: AN ACT TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.
(R395) S. 1191 -- Senator McConnell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.
(R396) S. 1178 -- Senator Courson: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.
(R397) S. 1260 -- Senator Macaulay: AN ACT TO AMEND SECTION 7-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF PARTY CLUBS, SO AS TO PROVIDE THAT EACH CLUB SHALL ELECT OFFICERS FOR EACH POLLING PLACE WITHIN A PRECINCT.
(R398) S. 883 -- Senator Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED AND WHEN REPORTED ALSO MUST REPORT A CONVICTION DATE.
(R399) S. 353 -- Senators McGill, Hinds and Land: AN ACT TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER AND MINORS UNDER THE AGE OF SIXTEEN ARE NOT REQUIRED TO PURCHASE A SET HOOKS PERMIT BUT SHALL ATTACH AN IDENTIFICATION TAG TO THE SET HOOKS DEVICE.
(R400) S. 1153 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.
(R401) S. 1152 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF AN INSURER, SO AS TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER'S AND EXAMINER'S ACCESS TO THE INSURER'S RECORDS INSTEAD OF ITS PAPERS AND TO ALLOW THE COMMISSIONER TO REQUIRE THE INSURER TO FURNISH THE ORIGINAL BOOKS AND RECORDS.
(R402) S. 1156 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS BEFORE A CERTIFICATE OR LICENSE MAY BE GRANTED TO A DOMESTIC INSURER, SO AS TO REQUIRE ALL ORIGINAL BOOKS AND RECORDS OF THE INSURER TO BE LOCATED AND MAINTAINED IN SOUTH CAROLINA AND PROVIDE FOR THE REQUIREMENT TO APPLY TO DOMESTIC HEALTH MAINTENANCE ORGANIZATIONS.
(R403) S. 1171 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE APPROPRIATE DEPARTMENT IN ITS STATE OF DOMICILE.
(R404) S. 1285 -- Senator Bryan: AN ACT TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN PRECINCTS.
(R405) S. 1154 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.
(R406) H. 3638 -- Reps. Wilkins, Huff and McElveen: AN ACT 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.
(R407) H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: AN ACT TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.
(R408) H. 4450 -- Rep. R. Brown: AN ACT TO AMEND SECTION 31-13-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTES AND BONDS OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THE AUTHORITY DISCRETION IN DETERMINING PERSONS OR FAMILIES OF A BENEFICIARY CLASS WHO MAY OBTAIN MORTGAGE LOANS.
(R409) H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 102, MAULDIN.
(R410) H. 3781 -- Agriculture and Natural Resources Committee: AN ACT 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.
(R411) H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R412) H. 3672 -- Reps. T. Rogers and M.D. Burriss: AN ACT TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.
(R413) H. 3817 -- Reps. Felder, McAbee and Carnell: AN ACT 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 AND TO PROVIDE THAT THE LIEN FOR MATERIALS INCLUDES FLOORING, FLOOR COVERINGS, AND WALL COVERINGS.
(R414) H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: AN ACT TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES, AND TO CHANGE THE REFERENCE THAT OFFICIALS AT RACE TRACKS, HORSE SHOWS, AND RODEOS "ARE REQUESTED TO" INSTEAD OF "SHOULD" TAKE CERTAIN MEASURES TO PREVENT THE SPREAD OF EQUINE INFECTIOUS ANEMIA.
(R415) H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT 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 OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT, THE NAMES OF INDIVIDUALS PRESENT IN THE FACILITY OR HOME NOT TO BE DISCLOSED, AND THE ACTION REQUIRED FOR A DEFICIENCY OR VIOLATION REGARDING A FACILITY OR HOME.
(R416) H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, AND REVOCATION OF A CERTIFICATE OF NEED AND PENALTIES, SO AS TO PROVIDE FOR ACTION TO BE TAKEN AGAINST A PERSON OR FACILITY FOR FAILING TO ALLOW A TEAM ADVOCACY INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
(R417) H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: AN ACT TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.
(R418) H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-50, AS AMENDED, RELATING TO CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION OF TRAINING LAW ENFORCEMENT OFFICERS UNDER THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 23 (TRAINING AND CERTIFICATION OF LAW ENFORCEMENT OFFICERS), SO AS TO PROVIDE THAT EVIDENCE OF A CANDIDATE FOR CERTIFICATION STATING THAT HE HAS NOT BEEN CONVICTED OF ANY CRIMINAL OFFENSE AND SENTENCED TO IMPRISONMENT FOR ONE YEAR OR MORE INSTEAD OF AN OFFENSE THAT CARRIES A SENTENCE OF ONE YEAR OR MORE BE SUBMITTED TO THE COUNCIL AND DELETE REQUIREMENTS THAT THE OFFENSE INVOLVES MORAL TURPITUDE AND PROVISIONS RELATING TO FORFEITURE OF BOND, A GUILTY PLEA, OR A PLEA OF NOLO CONTENDRE CONSIDERED TO BE THE EQUIVALENT OF A CONVICTION, TO ADD A PROVISION THAT THE COUNCIL MAY CERTIFY A CANDIDATE IF THE CONVICTION IS REMOTE IN TIME, AND THAT, IN THE OPINION OF THE COUNCIL, THE CANDIDATE IS OF GOOD CHARACTER AS REQUIRED BY OTHER PROVISIONS OF THIS SECTION.
(R419) H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.
(R420) H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R421) H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R422) H. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R423) H. 3714 -- Rep. Mappus: AN ACT 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.
(R424) H. 4269 -- Rep. Wright: AN ACT TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.
(R425) H. 4656 -- Rep. Blanding: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.
(R426) H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS AND THE INSPECTION REPORT.
(R427) H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
(R428) H. 4200 -- Rep. Sheheen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.
(R429) H. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: AN ACT TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.
(R430) H. 4182 -- Rep. Davenport: AN ACT TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT THE VOTING PLACE FOR HILL TOP VOTING PRECINCT IS BETHANY BAPTIST CHURCH.
(R431) H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-29-220 SO AS TO INCLUDE CAMPING ACTIVITIES IN SCENIC RIVERS MANAGEMENT PLANS.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. FARR a leave of absence for the remainder of the day.
Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part II.
Section 1 was adopted.
Rep. KIRSH explained the section.
Rep. ALTMAN proposed the following Amendment No. 92 (Doc. No. 1020X), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 0726, left column, beginning on line 23, by striking Section 2 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. HENDRICKS spoke against the amendment.
Rep. KIRSH moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, T.M. Carnell Clyborne Cooper Corning Faber Felder Ferguson Foster Gentry Glover Harris, J. Harris, P. Harrison Hayes Hendricks Huff Johnson, J.C. Johnson, J.W. Keesley Keyserling Kirsh Klapman Manly Martin, L. Mattos McAbee McBride McCain McElveen McLellan McTeer Moss Neilson Nesbitt Nettles Quinn Rhoad Rogers, J. Rogers, T. Sheheen Simpson Smith Taylor Townsend Waites Wilkes Williams, D. Williams, J. Wright
Those who voted in the negative are:
Altman Bailey, G. Barber Barfield Baxley Beasley Bennett Bruce Chamblee Cole Corbett Cork Davenport Derrick Elliott Fair Fant Hallman Harvin Haskins Holt Jaskwhich Kay Keegan Kinon Kohn Koon Limehouse Littlejohn Mappus McEachin McGinnis McLeod Rama Rudnick Sharpe Snow Sturkie Tucker Vaughn Waldrop Washington Wells Whipper White Winstead Wofford
So, the amendment was tabled.
Section 2 was adopted.
Reps. McLELLAN and KIRSH proposed the following Amendment No. 111 (Doc. No. 0930X), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, Section 3, page 0726, right column, by inserting immediately after line 12 /TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO ADJUSTMENTS TO INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ELIMINATE THE DEDUCTION ALLOWED FOR SELF-EMPLOYMENT TAXES IN COMPUTING THE TAXPAYER'S FEDERAL TAXABLE INCOME;/
Amend further, in Section 3, page 0726, right column, by striking lines 17 through 21 and inserting:
/A. (1) Section 12-7-20(11) of the 1976 Code, as last amended by Section 25A, Part II, Act 189 of 1989, is further amended to read:
"(11) 'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1989."
(2) Section 12-7-430(d)(1) of the 1976 Code is amended to read:
"(1) The deduction permitted by Internal Revenue Code Section 164 must be computed in the same manner except there is no deduction for state and local income taxes, or state and local franchise taxes measured by net income, or any income taxes, or any taxes measured by or with respect to net income, or self-employment taxes pursuant to Internal Revenue Code Section 164(f)."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. BAKER spoke against the amendment.
Rep. WILKES moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Felder Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Kinon Koon Lanford Limehouse Littlejohn Manly Mappus Martin, L. Mattos McBride McCain McEachin McElveen McGinnis Moss Neilson Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Blanding Boan Carnell Kirsh McLellan McLeod
So, the amendment was tabled.
Section 3 was adopted.
Reps. McEACHIN, McELVEEN and HODGES proposed the following Amendment No. 114 (Doc. No. 0966o), which was rejected.
Amend the bill, as and if amended, by striking SECTION 4 of Part II in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. McEACHIN explained the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. LIMEHOUSE moved to adjourn debate upon the section.
Rep. McEACHIN moved to table the motion.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 49 to 47.
Rep. McTEER moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, K. Barber Beasley Bennett Boan Brown, H. Brown, J. Burriss, T.M. Carnell Chamblee Cole Cooper Corning Foster Hallman Harris, J. Harris, P. Harrison Johnson, J.W. Kay Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Manly Mattos McAbee McBride McCain McLellan McTeer Nesbitt Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Sturkie Townsend Tucker Waites Washington Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barfield Baxley Brown, G. Brown, R. Bruce Burch Clyborne Corbett Cork Davenport Derrick Elliott Faber Fair Fant Felder Ferguson Gentry Glover Gordon Harvin Harwell Haskins Hayes Hodges Holt Huff Jaskwhich Johnson, J.C. Keegan Kinon Limehouse Littlejohn Mappus Martin, D. Martin, L. McEachin McElveen McGinnis McLeod Moss Neilson Nettles Quinn Rama Sharpe Simpson Snow Taylor Vaughn Waldrop Wells Whipper White Wilkes Winstead Wofford Wright
So, the House refused to table the amendment.
Rep. McABEE moved to adjourn debate upon the amendment.
Rep. McEACHIN moved to table the motion, which was agreed to by a division vote of 50 to 48.
Rep. McLELLAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Baxley Brown, R. Bruce Clyborne Corbett Cork Derrick Fair Felder Gentry Haskins Hayes Hodges Jaskwhich Johnson, J.C. Keegan Littlejohn Martin, L. McEachin McElveen McGinnis Moss Nettles Quinn Rama Simpson Waldrop Wells Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Burch Burriss, T.M. Carnell Chamblee Cole Cooper Corning Davenport Elliott Faber Fant Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Holt Huff Johnson, J.W. Kay Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Manly Mappus Martin, D. Mattos McAbee McBride McCain McLellan McLeod McTeer Neilson Nesbitt Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Washington Whipper White Wilder Wilkes Wilkins Winstead Wofford
So, the amendment was rejected.
Rep. L. MARTIN moved to adjourn debate upon the section.
Rep. FELDER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. MAPPUS moved that the House do now adjourn, which was rejected.
Rep. FELDER inquired about the House reconsidering the section since the motion to reconsider the vote whereby each section was adopted had been made previously.
The SPEAKER stated that the procedure had been noted in the Journal and the House could reconsider the vote.
Rep. McLELLAN moved to continue the section for one hour.
Rep. FELDER raised the Point of Order that the motion to continue the section for a specified time was out of order.
Rep. McLELLAN stated that Rule 8.5, subsection 2 did not impose a time limitation.
The SPEAKER stated that the motion to continue applied to Bills and not sections and he sustained the Point of Order.
Rep. WRIGHT moved that the House recede for 20 minutes, which was rejected.
Rep. McEACHIN moved to table the section.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Barfield Baxley Brown, G. Brown, R. Bruce Clyborne Cole Corbett Davenport Derrick Elliott Fair Fant Felder Gentry Gordon Harvin Haskins Hayes Hodges Jaskwhich Johnson, J.C. Keegan Lanford Limehouse Littlejohn Martin, L. McEachin McElveen McGinnis Moss Neilson Quinn Rama Sharpe Simpson Waldrop Wells White Wofford
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Barber Beasley Bennett Boan Brown, H. Brown, J. Burch Burriss, T.M. Carnell Chamblee Cooper Cork Corning Faber Foster Glover Gregory Hallman Harris, J. Harris, P. Harrison Harwell Holt Johnson, J.W. Kay Keesley Keyserling Kinon Kirsh Klapman Koon Manly Mappus Martin, D. Mattos McAbee McBride McCain McKay McLellan McTeer Nesbitt Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Washington Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wright
So, the House refused to table the section.
The question then recurred to the adoption of the section, which was agreed to by a division vote of 59 to 40.
Section 4 was adopted.
Reps. WILKES and BURCH proposed the following Amendment No. 2 (Doc. No. 0811X), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by striking SECTION 5 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Reps. WILKES and BURCH explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 121 (Doc. No. 1016X).
Amend the bill, as and if amended, Part II, by striking SECTION 5 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-1310 SO AS TO IMPOSE A FEE FOR EACH CASE OF WINE SOLD BY OR DELIVERED FOR SALE TO A WINE WHOLESALER AND A FEE FOR EACH CASE OF ALCOHOLIC LIQUORS SOLD BY OR DELIVERED TO A LIQUOR WHOLESALER AND TO ESTABLISH A WINE AND LIQUOR WHOLESALER FRANCHISE.
The 1976 Code is amended by adding:
"Section 61-9-1310. (A) There is imposed a franchise fee of ninety-five cents a case on each case of wine sold by or delivered for sale to a wine wholesaler and a fee of eighty-seven cents a case on each case of alcoholic liquors sold by or delivered to a liquor wholesaler. The fee is due and payable to the South Carolina Tax Commission, on each case of alcoholic liquors or wine sold or delivered for sale, on or before the twentieth day of the month next succeeding the month in which the alcoholic liquors or wine was sold or delivered for sale. In addition, each liquor or wine wholesaler required to pay the fee imposed in this section for the month of June, 1990, and each June thereafter, shall remit an estimated fee based on the number of cases of alcoholic liquors or wine sold or delivered for sale for the same month of the preceding year and must remit one hundred percent of the estimated fee by the twenty-fifth day of June. The franchise fee imposed on alcoholic liquors is subject to the provisions of Section 12-33-425.
(B) The provisions of Sections 61-9-1010, 61-9-1030, 61-9-1040, and 61-9-1050 are applicable to wine and alcoholic liquor producers, suppliers, and wholesalers licensed in this State."/
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. McEACHIN raised the Point of Order that Amendment No. 121 was out of order as it was not germane.
Rep. McABEE argued contra the Point in stating that the Amendment raised taxes and funded agencies in Part I of the Bill.
The SPEAKER overruled the Point of Order.
Rep. McABEE continued speaking.
Rep. McLELLAN moved to divide the question.
Rep. FELDER raised the Point of Order that the motion to divide the question was out of order as the question would not be germane since the funds would not be appropriated and that would violate the Rules in trying to put it in the Appropriations Bill.
The SPEAKER stated that if the House chose to divide the question, then each section would be subject to the germaneness test standing on its own and he overruled the Point of Order.
The question then recurred to the motion to divide the question, which was agreed to by a division vote of 63 to 27.
Rep. McTEER moved to adjourn debate upon the following Amendment 121A, which was adopted.
"Section 61-9-1310. (A) There is imposed a franchise fee of ninety-five cents a case on each case of wine sold by or delivered for sale to a wine wholesaler and a fee of eighty-seven cents a case on each case of alcoholic liquors sold by or delivered to a liquor wholesaler. The fee is due and payable to the South Carolina Tax Commission, on each case of alcoholic liquors or wine sold or delivered for sale, on or before the twentieth day of the month next succeeding the month in which the alcoholic liquors or wine was sold or delivered for sale. In addition, each liquor or wine wholesaler required to pay the fee imposed in this section for the month of June, 1990, and each June thereafter, shall remit an estimated fee based on the number of cases of alcoholic liquors or wine sold or delivered for sale for the same month of the preceding year and must remit one hundred percent of the estimated fee by the twenty-fifth day of June. The franchise fee imposed on alcoholic liquors is subject to the provisions of Section 12-33-425.
(B) The provisions of Sections 61-9-1010, 61-9-1030, 61-9-1040, and 61-9-1050 are applicable to wine and alcoholic liquor producers, suppliers, and wholesalers licensed in this State."/
Amend totals and title to conform.
Rep. McEACHIN raised the Point of Order that Amendment No. 121-B was out of order as it was not germane to any line-item appropriation in Part I.
Rep. McABEE argued contra the Point in stating that the Amendment was one document and even though the House had divided the question, that the Point of Order from the floor allowed what could not be done directly to be done indirectly.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. McTEER moved to reconsider the vote whereby debate was adjourned on Amendment 121A, which was agreed to.
Rep. McABEE moved to table the amendment.
Rep. GENTRY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 95 to 10.
Rep. McTEER explained the section.
Section 6 was adopted.
Reps. J. ROGERS, BURCH, M.D. BURRISS, SIMPSON, KEEGAN, BENNETT, WRIGHT, BARFIELD, RHOAD, McBRIDE, HARVIN, K. BAILEY, SNOW, QUINN, HARWELL, RAMA, McKAY, DAVENPORT, McGINNIS, HASKINS, HARRISON, NEILSON, FELDER, NETTLES, WELLS, GORDON, BEASLEY, BRUCE, G. BROWN, McLEOD, CORNING, T. ALEXANDER, KINON, ELLIOTT, TUCKER, CORBETT, SHARPE, D. MARTIN, WOFFORD, and R. BROWN proposed the following Amendment No. 55 (Doc. No. 1019X).
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 0728, right column, beginning on line 28, by striking Section 7 in its entirety.
Renumber sections to conform.
Amend title and totals to conform.
Rep. RUDNICK spoke against the amendment.
Rep. SNOW spoke in favor of the amendment.
Rep. CARNELL spoke against the amendment.
Rep. CARNELL continued speaking.
Rep. SNOW spoke in favor of the amendment.
Rep. T.M. BURRISS spoke upon the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. R. BROWN moved to table the section.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barfield Baxley Beasley Bennett Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fant Felder Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harrison Harvin Harwell Haskins Hodges Huff Jaskwhich Kay Keegan Keyserling Kinon Lanford Limehouse Littlejohn Martin, D. Martin, L. McBride McCain McEachin McGinnis McKay McLeod Moss Neilson Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Simpson Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waldrop Washington Wells Wilder Wilkes Wilkins Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Barber Blanding Boan Carnell Chamblee Fair Gregory Harris, P. Hayes Hendricks Holt Johnson, J.C. Johnson, J.W. Keesley Kirsh Klapman Kohn Manly Mappus Mattos McAbee McLellan McTeer Nesbitt Rudnick Sheheen Short Townsend Waites Whipper White Williams, J. Winstead
So, the section was tabled.
Rep. McLELLAN moved to adjourn debate upon Part II.
Rep. McEACHIN moved to table the motion.
Rep. HASKINS raised the Point of Order that the motion to adjourn debate on all sections and proceed back to Part I was out of order.
The SPEAKER stated that the motion had to be made section by section and he sustained the Point of Order.
Rep. T. ROGERS raised the Point of Order that Section 8 of the Bill was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. KIRSH explained the section.
Section 9 was adopted.
Rep. BOAN explained the section.
Section 10 was adopted.
Rep. BOAN explained the section.
Section 11 was adopted.
Rep. McLELLAN explained the section.
Section 12 was adopted.
Rep. McLELLAN explained the section.
Section 13 was adopted.
Section 14 was adopted.
Rep. McLELLAN explained the section.
The SPEAKER granted Rep. McGINNIS a leave of absence for the remainder of the day.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc. No. 0958X), which was ruled out of order.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-31-50 SO AS TO REQUIRE A RENTAL COMPANY WHICH OWNS OR LEASES PRIVATE PASSENGER AUTOMOBILES USED PRIMARILY FOR RENTAL PURPOSES TO REGISTER AND LICENSE A CERTAIN PERCENTAGE OF THESE AUTOMOBILES IN THIS STATE.
A. Title 31, Chapter 56 of the 1976 Code is amended by adding:
"Section 56-31-50. A rental company which owns or leases private passenger automobiles as defined in this chapter shall register and license a certain number of these automobiles in this State in the manner required by this section. The rental company shall report to the Department of Highways and Public Transportation each year its total revenues in this State derived from the rental of private passenger automobiles for that year and its total revenues derived in all states from the rental of private passenger automobiles for that year. The rental company during the following year shall register and license in this State a percentage of its automobiles owned or leased for rental purposes equal to the percentage its revenues derived in this State for the previous year from the rental of private passenger automobiles bears to its total revenues derived in all states during the previous year from the rental of these automobiles. Any rental company violating the provisions of this section is subject to the penalty provisions of Section 56-31-40 for each violation."
B. The revenue reporting requirements contained in Section 56-31-50 of the 1976 Code apply beginning with the year 1990 and the registration and licensing requirements are applicable beginning with the year 1991 based on the 1990 revenue reporting information./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.
Rep. RUDNICK argued contra the Point in stating that the Amendment raised revenue.
The SPEAKER stated that the Amendment incidentally raised revenue, but it did that by requiring the registering of a certain number of automobiles in the state. He further stated that the revenue did not go into the General Fund, but was earmarked for the Highway Department and he sustained the Point of Order and ruled the Amendment out of order.
Rep. McABEE proposed the following Amendment No. 4 (Doc. No. 0963X), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 48-28-100 OF THE 1976 CODE, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.
The third paragraph of Section 48-28-100 of the 1976 Code is amended to read:
"In any fiscal year, new funding agreements from the forest renewal fund are limited to five times the amount of the state appropriation for the Forest Renewal Law for that year plus the amount of any cancellation or slippage funds from previous agreements. Whenever necessary to comply with the terms of a contract, payments in a fiscal year may exceed five times the amount of the state appropriation."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Ways and Means Committee proposed the following Amendment No. 5 (Doc. No. 0891X), which was adopted.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 40-7-115, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR BARBER TRAINING IN A SHOP, SO AS TO ESTABLISH AN EXAMINATION FEE AND AN ANNUAL INSTRUCTOR'S FEE IN THE AMOUNT OF FIFTY DOLLARS AND TO DELETE REFERENCES TO FEES PROMULGATED BY REGULATION.
A. Section 40-7-115 of the 1976 Code, as amended by Act 87 of 1989, is further amended to read:
"Section 40-7-115. A barber training a student in a shop is required to have had three years' experience as a registered barber and must have been examined by the South Carolina Board of Barber Examiners and determined to be qualified to train a student barber under laws governing barber training in the State. The fee to be paid by the registered barber for an examination to be qualified to train a student in a shop is fifty dollars, and the fee must accompany the application. Barbers found qualified after examination must be issued an instructor's license which must be renewed as of June thirtieth of each year. The annual renewal fee is fifty dollars."
B. This section takes effect July 1, 1990./
Renumber sections to conform.
Amend title and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. T. ROGERS, P. HARRIS, TAYLOR, TUCKER, FABER, McBRIDE, J.C. JOHNSON, WAITES, WILKES, WASHINGTON, WHIPPER, J. BAILEY, BARBER, NESBITT, RUDNICK, SMITH, K. BAILEY, MANLY, FELDER, J. ROGERS, HARWELL, GORDON and FARR proposed the following Amendment No. 20 (Doc. No. 0999X), which was ruled out of order.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY THOUSAND ONE DOLLARS BEGINNING WITH THE 1990 TAX YEAR AND INCREASE THE EXEMPTION TO TWENTY-FIVE THOUSAND DOLLARS BEGINNING WITH TAX YEAR 1991.
A. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The first twenty-five thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted unless the person or his agent makes written application for the exemption before July sixteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant."
B.The provisions of the first paragraph of Section 12-37-250, as amended by subsection A of this section, are effective for tax years beginning after December 31, 1990. However, for the tax year beginning January 1, 1990 and ending December 31, 1990, the homestead exemption is twenty thousand and one dollar./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 20 was out of order as it was not germane in that it did not directly relate to a line-item appropriation in Part I.
Rep. T. ROGERS argued contra the Point in stating that the amendment provided for an increase for the budget year being considered.
The SPEAKER stated that the amendment did not directly relate to a line-item in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 86 (Doc. No. 1034XX).
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTIONS 56-3-2150 AND 56-3-2170, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO ALSO AUTHORIZE SPECIAL LICENSE PLATES TO BE ISSUED TO COUNTY CORONERS.
A.Section 56-3-2150 of the 1976 Code is amended to read:
"Section 56-3-2150. The Department of Highways and Public Transportation may issue special motor vehicle license plates to members of municipal and county councils amd to county coroners of this State for private motor vehicles registered in their names. The annual fee for these special license plates is the same as the fee provided for in Section 56-3-2020 and only one plate may be issued to any one councilman or coroner."
B.Section 56-3-2170 of the 1976 Code is amended to read:
"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a plate ceases to be a member of the municipal or county council or ceases to be county coroner he shall immediately return the plate to the department."/
Renumber sections to conform.
Amend title and totals to conform.
Rep. RUDNICK explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 86 was out of order as it was not germane to the Bill.
The SPEAKER stated that the amendment affected the Special License Tags item which generated funds for the Highway Department and he overruled the Point of Order.
Rep. ALTMAN spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. RUDNICK proposed the following Amendment No. 88 (Doc. No. 1033X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE GENERAL ASSEMBLY, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON ANY VEHICLE EXCEPT THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
A.Chapter 3 of Title 56 of the 1976 Code is amended by adding:
Section 56-3-4310. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to any retired member of the General Assembly who has a vested interest in the General Assembly Retirement System and who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. Any retired member of the General Assembly who is issued a license plate under the provisions of this article is not required to reapply so long as he owns the vehicle for which the plate is issued or is authorized pursuant to this article. The provisions of this article do not apply if the retired member applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010 or if the person, at the time of making application under this article, is under suspension by either house of the General Assembly, is an expelled member of the General Assembly, or is being prosecuted for or is under sentence imposed by any court of competent jurisdiction for any criminal violation of law committed while he was a member of the General Assembly.
Section 56-3-4320. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words 'South Carolina House, Retired', or 'State Senate, Retired', depending upon the house in which the applicant most recently served at the time of making the application, together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.
Section 56-3-4330. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for any person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-4340. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. Any person violating the provisions of this article or any person who:(a)fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued hereunder is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. BEASLEY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 63 to 26.
Rep. RUDNICK proposed the following Amendment No. 96 (Doc. No. 1006X).
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is one thousand dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals one thousand dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK was recognized.
Rep. BAXLEY moved that the House do now adjourn.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Corning Davenport Fant Ferguson Gordon McCain Rhoad Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield 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 Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harrison Harvin Haskins Hayes Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop White Wilder Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN moved to adjourn debate on Part II.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. J.W. JOHNSON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. McLELLAN moved to adjourn debate upon Part II.
Rep. FELDER moved to table the motion.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barfield Baxley Brown, G. Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Cole Corbett Cork Corning Davenport Faber Fair Felder Gentry Glover Gregory Harrison Harwell Keegan Kinon Koon Limehouse Littlejohn Mappus Martin, L. McBride McEachin McElveen McLeod Moss Neilson Nettles Rama Rogers, J. Rogers, T. Simpson Smith Sturkie Taylor Tucker Vaughn Waldrop Wells Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beasley Bennett Blackwell Boan Burch Carnell Chamblee Cooper Elliott Fant Foster Hallman Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. McAbee McCain McLellan McTeer Nesbitt Quinn Rhoad Rudnick Sheheen Snow Townsend Waites Washington Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead
So, the House refused to table the motion to adjourn debate on Part II.
The question then recurred to the motion to adjourn debate on Part II.
Rep. J. ROGERS moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WINSTEAD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cooper Corbett Corning Davenport Elliott Faber Fant Felder Foster Gentry Glover Gordon Gregory Hallman Harrison Harvin Harwell Haskins Hendricks Hodges Holt Huff Johnson, J.W. Kay Kinon Koon Limehouse Littlejohn Manly Mappus Martin, L. McBride McCain McEachin McLellan McLeod Nesbitt Nettles Rhoad Rogers, J. Sheheen Simpson Smith Snow Taylor Townsend Vaughn Waldrop Washington Wells Whipper Wilder Williams, J. Wofford
Those who voted in the negative are:
Alexander, T.C. Baker Barber Blackwell Carnell Clyborne Cork Fair Harris, J. Harris, P. Hayes Johnson, J.C. Keegan Keesley Keyserling Kirsh Klapman McAbee McElveen McTeer Moss Neilson Quinn Rama Rogers, T. Rudnick Stoddard Sturkie Tucker Waites White Winstead Wright
So, the motion to adjourn was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby Part I, Sections 41, 41.1, 41.2, 41.3, 41.4, 41.5, 41.6, 41.7, 41.8, 41.9, 41.10, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 43.6, 43.7, 43.8, 43.9, 43.11, 43.12, 43.13, 43.14, 43.15, 43.16, 43.17, 43.18, 43.19, 43.20, 43.21, 44, 44.1, 47, 47.1, 47.2, 48, 48.1, 48.2, 48.3, 51, 52, 52.1, 52.2, 52.3, 52.4, 52.5, 52.6, 52.7, 52.9, 52.10, 53, 53.1, 54, 54.1, 54.2, 54.3, 54.4, 54.5, 54.6, 54.7, 54.8, 54.9, 55, 55.1, 55.2, 56, 57, 57.1, 57.2, 57.3, 59, 59.1, 59.2, 59.3, 59.4, 59.5, 59.6, 59.8, 59.9, 61, 61.1, 61.2, 61.3, 61.4, 62, 65, 65.1, 68, 69, 70, 71, 73, 73.1, 73.2, 73.3, 73.4, 73.5, 73.6, 74, 74.1, 75, 75.1, 75.2, 75.3, 75.4, 75.5, 75.6, 75.7, 76, 77, 78, 78.1, 78.2, 78.3, 78.4, 79A, 79B, 79C, 79.1, 80, 80.1, 81, 82, 84, 85, 85.1, 85.2, 85.3, 86, 86.1, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 112.1, 112.2, 113, 114, 115, 116, 117, 118, 121, 123, 123.1, 123.2, 123.3, 123.4, 123.5, 123.6, 123.7, 123.8, 123.9, Part II, Sections 1, 2, 3, 4, 6, 9, 10, 11, 12, 13, 14, Amendment #4 (adding Section 16) and Amendment #5 (adding Section 17) were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to adjourn debate on Part II.
The Senate returned to the House with concurrence the following:
H. 4813 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE GIRLS BASKETBALL TEAM OF LANDRUM HIGH SCHOOL, SPARTANBURG COUNTY, ON ITS OUTSTANDING 1989-90 BASKETBALL SEASON.
H. 4814 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL GIRLS' BASKETBALL TEAM OF INMAN IN SPARTANBURG COUNTY FOR WINNING THE APPALACHIAN 2A CHAMPIONSHIP.
At 5:13 P.M. the House in accordance with the motion of Rep. T.C. ALEXANDER adjourned in memory of Snead Schumacher, former House member to meet at 10:00 A.M. tomorrow.
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