Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Dr. B.T. Sears, Sr. of Cornerstone Baptist Church in Spartanburg.
The Psalmist wrote (Psalm 133-1) "Behold how
good and pleasant it is for brethren to dwell
together in unity!
Let us pray.
Our Eternal Father, we thank Thee that Thou has brought us into the close and loving relationship of Thy family, through Thy son, Jesus Christ. We thank Thee that Thou dost share with us, not only our sorrows but our joys. We thank Thee that Thou art delighted when life delights us, and when virtue and faithfulness lead us to higher levels of thought and purpose.
We thank Thee, O God, for Thy Holy Word, and pray that our faithfulness in studying it may result in spiritual growth and development. May we ever hunger and thirst after Thy righteousness, and the daily food of Thy Word. May we never dare to enter upon the duties of a single day without Thy wisdom, nourishment and support of Thy living Word.
O God our Heavenly Father grant this legislative body serenity to accept the things they cannot change, courage to change the things they can, and wisdom to know the difference.
Bless, we humbly pray Thee, all who are dear to us, and center our whole life in Thy way, Thy truth and Thy light. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1221
Promulgated By Department of Social Services
Licensing of Child Placing Agencies
Received by Speaker March 20, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date July 18, 1990
Rep. HARVIN, from the Clarendon Delegation, submitted a favorable report, on:
S. 1323 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4694 -- Reps. Littlejohn, G. Bailey, Koon, Sharpe, Bruce, J. Bailey, Holt, Wells, Moss, Whipper, Corbett, Gordon, Smith, L. Martin, Fair, Vaughn, Keegan, Farr, McGinnis and Cole: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4619 -- Reps. Beasley, Hayes and Fair: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4716 -- Reps. Whipper, Winstead, Wilkes, White, Holt, Washington, D. Martin, Barber, Kohn, Keyserling, G. Bailey, Waites and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1216 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, AND ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, 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, with amendments, on:
H. 4622 -- Reps. Wilkins, Baxley, Boan, Koon, Felder, Altman, McLellan, Kinon, Winstead, Harwell, L. Martin, G. Bailey, Limehouse, Harvin, Barfield, Fair, Kohn, Blanding, McElveen and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL OF A REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE CONTINUING EDUCATION PROGRAM.
Ordered for consideration tomorrow.
The following was introduced:
H. 4865 -- Reps. Harvin, J.C. Johnson, Neilson, M.D. Burriss, Holt, Nesbitt, G. Brown, Wilkes, Tucker, Smith, Klapman, McLellan, Barber, Sharpe, T. Rogers, Quinn, Corning, Blackwell, Rama, Waites, Harrison, Cork, Wofford, Fant, Keegan, Moss, Farr, Mattos, Gordon, Burch, McCain, Bennett, Keesley, Huff, Corbett, McGinnis, Jaskwhich, Kinon, Sturkie, Faber, J. Bailey, Koon, Wilder, Wells, Baker, D. Williams, Littlejohn, Cole, Ferguson, Glover, Whipper, Hallman, Phillips, T.C. Alexander, Kirsh, Haskins, Barfield, Lanford, Manly, McEachin, Kay, McAbee, McLeod, Blanding, McTeer, Snow, Altman, Rudnick, L. Martin, Vaughn and J. Rogers: A CONCURRENT RESOLUTION DESIGNATING OCTOBER 1990 AS "SOUTH CAROLINA LIBRARY ASSOCIATION MONTH" AND RECOGNIZING THE CONTRIBUTIONS OF LIBRARIES AND LIBRARIANS TO THE EDUCATIONAL, CULTURAL, ECONOMIC, AND RECREATIONAL RESOURCES OF THE STATE.
Whereas, the year 1990 is the seventy-fifth anniversary of the founding of the South Carolina Library Association, and the association will celebrate this important event during its annual convention to be held October 17-19 in Columbia; and
Whereas, the association is the State's oldest professional library organization and has a strong tradition of leadership in developing support for libraries and in promoting the professional growth of librarians and library trustees; and
Whereas, the basic goal of the association is to promote the development of quality library service and to ensure that library service is freely available to all citizens of South Carolina; and
Whereas, the association is a major advocate for the right to read and the free expression of ideas and has consistently opposed censorship and all attempts to restrict access to information, books, and reading; and
Whereas, the membership of the association represents all types of libraries -- public, school, college, university, and special -- all of which provide opportunities for reading, study, and free inquiry to the people of South Carolina; and
Whereas, the association certainly is highly deserving of congratulations for seventy-five years of leadership and service to the citizens of this State; and
Whereas, in honor of this significant anniversary, and at all times, it would benefit the people of South Carolina to exercise their right of free access to information, books, and reading and to use the invaluable resources available through libraries. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates October 1990 as "South Carolina Library Association Month" and recognizes the contribution of libraries and librarians to the educational, cultural, economic, and recreational resources of the State.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Library Association in care of Ms. Betty E. Callaham, Director, South Carolina State Library, P.O. Box 11469, Columbia, South Carolina, 29211.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4866 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THOMAS ARDIS OF SUMMERTON FOR HIS OUTSTANDING SERVICE AS MAYOR OF THE TOWN OF SUMMERTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4867 -- Reps. D. Williams, H. Brown, J. Williams and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS' BASKETBALL TEAM IN BERKELEY COUNTY UPON WINNING THE CLASS AA BOYS' STATE CHAMPIONSHIP ON SATURDAY, MARCH 10, 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1382 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1383 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE PUBLIC SCHOOL STUDENTS TO BE INSTRUCTED IN THE SACRIFICES MADE BY VETERANS AND TO REQUEST THAT PUBLIC SCHOOL DISTRICTS OBSERVE MEMORIAL DAY OR VETERANS DAY IN HONOR OF VETERANS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4801 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT; TO IDENTIFY THE SOURCES OF FUNDS FOR APPROPRIATIONS; TO DISPOSE OF FUNDS APPROPRIATED BY ACT 189 OF 1989; TO AMEND SECTION 48-47-175, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, SO AS TO REQUIRE THE TAX TO BE REMITTED MONTHLY RATHER THAN QUARTERLY AND TO REQUIRE THE TAX FOR THE MONTH TO BE PAID NO LATER THAN TWENTY INSTEAD OF THIRTY DAYS FOLLOWING THE END OF THE MONTH; AND TO AMEND SECTION 12-7-20, AS AMENDED, 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.
Without reference.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Without reference.
H. 4868 -- Reps. Haskins, Felder, T. Rogers, Gordon, Glover, Rama, Wright and J. Rogers: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF CAPITAL IMPROVEMENTS BONDS, SO AS TO AUTHORIZE THE ISSUE OF ADDITIONAL BONDS FOR HURRICANE HUGO RELIEF REQUIREMENTS AND TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE.
Referred to Committee on Ways and Means.
H. 4869 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING APPROVED CHILD SUPPORT PLANS, SO AS TO PROVIDE THAT WHEN A FAMILY CEASES RECEIVING PUBLIC ASSISTANCE WHEN AN ASSIGNMENT HAS BEEN MADE IT CONVERTS TO A NONPUBLIC ASSISTANCE ASSIGNMENT AND THE RECIPIENT MAY SUBMIT A WRITTEN REQUEST TO HAVE THE ASSIGNMENT TERMINATED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.
Referred to Committee on Judiciary.
H. 4871 -- Reps. R. Brown, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blanding, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Hallman, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Keyserling, Kinon, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Washington, Wells, White, Wilkes, Wilkins, J. Williams, Winstead, Wofford and Wright: A BILL TO AMEND SECTIONS 38-43-200 AND 38-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO PERMIT THE PAYMENT OF A FEE TO A TRADE OR PROFESSIONAL ASSOCIATION EXEMPT FROM INCOME TAX UNDER THE INTERNAL REVENUE CODE.
Rep. HARVIN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. McLELLAN objected.
Referred to Committee on Labor, Commerce and Industry.
H. 4872 -- Reps. Kirsh, McLellan, McCain and Winstead: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
Referred to Committee on Ways and Means.
H. 4873 -- Rep. Moss: A BILL 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.
On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4874 -- Rep. Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 46-13-195 AND 46-13-196 SO AS TO REGULATE THE SALE OF PESTICIDES IN RETURNABLE CONTAINERS AND MANAGEMENT OF UNUSED PORTIONS OF PESTICIDES AND TO REQUIRE THE ESTABLISHMENT OF A WASTE PESTICIDE PROGRAM.
Referred to Committee on Agriculture and Natural Resources.
H. 4875 -- Rep. Bruce: A JOINT RESOLUTION TO ESTABLISH A PESTICIDE CONTAINER COLLECTION AND RECYCLING PILOT PROJECT.
Referred to Committee on Agriculture and Natural Resources.
H. 4876 -- Rep. J. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-135 SO AS TO REQUIRE A PERSON FOURTEEN YEARS OF AGE OR UNDER TO WEAR ON HIS PERSON A FLOTATION DEVICE WHILE A PASSENGER IN A WATERCRAFT.
Referred to Committee on Agriculture and Natural Resources.
H. 4877 -- Rep. J. Williams: A BILL TO AMEND SECTION 14-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE MASTER-IN-EQUITY COURT, SO AS TO PROVIDE AN INCREASE IN POPULATION REQUIREMENTS FOR A MASTER-IN-EQUITY; AND TO AMEND SECTION 14-11-30, AS AMENDED, RELATING TO THE COMPENSATION OF THE MASTER-IN-EQUITY, SO AS TO INCREASE THE POPULATION OF THE AREA SERVED BY A MASTER-IN-EQUITY, TO MAKE CERTAIN POSITIONS PART-TIME, AND TO REDUCE THE SALARY ACCORDINGLY.
Referred to Committee on Judiciary.
H. 4878 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO EXAMINATIONS, CLASSIFICATIONS, LIMITATION GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1187, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4879 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.
Referred to Committee on Judiciary.
S. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.
Referred to Committee on Agriculture and Natural Resources.
S. 798 -- Senator Bryan: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-425, S0 AS TO PROVIDE FOR REGULAR STUDIES OF THE PLACEMENT AND DISTRIBUTION OF CONSERVATION OFFICERS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION IS EMPOWERED AND DIRECTED TO REDISTRIBUTE CONSERVATION OFFICERS EVERY FIVE YEARS AMONG THE COUNTIES ACCORDING TO THE RESPECTIVE COUNTIES' NEED.
Referred to Committee on Agriculture and Natural Resources.
S. 1093 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.
Referred to Committee on Agriculture and Natural Resources.
S. 1094 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO PROHIBIT THE USE OF LIGHTS WHICH RECEIVE THEIR POWER FROM POWER SYSTEMS OF MOTOR VEHICLES OR WATER CONVEYANCES IN GAME ZONE 5.
Referred to Committee on Agriculture and Natural Resources.
S. 1109 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-702 SO AS TO PROHIBIT THE USE OF ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN GAME ZONE 11 AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.
Referred to Committee on Education and Public Works.
S. 1354 -- Senator Moore: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS, SO AS TO PERMIT THE RUNNING OF RABBITS WITH DOGS AT ANY TIME DURING THE YEAR IN ENCLOSURES APPROVED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.
Referred to Committee on Agriculture and Natural Resources.
S. 1389 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 4880 -- Reps. McAbee, D. Martin, Keesley, Klapman, Nesbitt, McLeod, Foster, Holt, Kirsh, Whipper, Harvin, Mappus, Hallman and Washington: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 13, 1990.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 13, 1990.
The Resolution was adopted.
The following was introduced:
H. 4881 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4807, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, MARCH 21, 1990, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4807 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4807 is set by special order for second reading or other consideration on Wednesday, March 21, 1990, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until H. 4807 is given third reading or it is otherwise disposed of.
Rep. McTEER explained the amendment.
The Resolution was adopted.
Rep. McLELLAN moved that H. 4801 be set for Special Order immediately following third reading of H. 4807, and continue each day thereafter until given a second reading, and that the Bill be set for Special Order for third reading immediately after the uncontested Calendar, and continue each day thereafter until final disposition.
Rep. McLELLAN moved that H. 4802 be set for Special Order for second reading or other consideration immediately following second reading of H. 4801, and that the House continue on Special Order consideration of H. 4802 until third reading or other disposition.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss, M.D. Carnell Chamblee Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 21, 1990.
C. Lenoir Sturkie Howell Clyborne Larry Blanding Will McCain Robert Barber Rick Quinn Tom Limehouse Steve Lanford Robert A. Kohn Thomas N. Rhoad Dell Baker Roland S. Corning Thomas E. Huff Donna A. Moss Larry Gentry
LEAVES OF ABSENCE
The SPEAKER granted Rep. R. Brown an official leave of absence for the day to attend a S.C. Housing Authority meeting in Washington, D.C.
The SPEAKER granted Reps. MOSS and RHOAD a temporary leave of absence.
Rep. HALLMAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 20.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Friday, March 16.
Announcement was made that Dr. Len Douglas of Belton 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. 4809 -- Rep. Rhoad: A BILL TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.
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.
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.
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.
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.
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.
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.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
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.
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.
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.
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.
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.
The following Bill was taken up.
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.
Rep. HOLT moved to reconsider the vote whereby the Bill was given a second reading.
Rep. DERRICK moved to table the motion, which was not agreed to by a division vote of 22 to 28.
The question then recurred to the motion to reconsider, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Rep. WRIGHT moved to reconsider the vote whereby the following Bill was rejected, which was agreed to by a division vote of 42 to 29.
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.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. J. BAILEY having the floor.
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".
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, March 20, by Reps. J. BAILEY and KIRSH.
Rep J. BAILEY relinquished the floor.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 1038o), which was tabled.
Amend the bill, as and if amended, by adding new sections to be appropriately numbered which shall read:
/SECTION ____. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. In any program of reassessment, residential real property receiving the four percent assessment ratio pursuant to Section 12-43-220(c) and which remains eligible for that assessment ratio for the year of reassessment must be appraised as residential real property."
SECTION ____. Section 12-43-215 of the 1976 Code is effective with respect to reassessment programs occuring after 1989./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WASHINGTON raised the Point of Order that Amendment No. 4 was out of order as it was not germane in that the Amendment dealt with assessment and the Bill dealt with historic property.
The SPEAKER stated that the Bill dealt with the assessment ratios of property and it provided a special assessment ratio for properties which are designated as historic and he overruled the Point of Order.
Rep. FANT moved to table the amendment.
Rep. RUDNICK 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, J. Bailey, K. Barber Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Chamblee Cooper Cork Faber Fair Fant Glover Gordon Harrison Haskins Hayes Hendricks Johnson, J.W. Kay Kirsh Klapman Kohn Koon Limehouse Mappus Mattos McBride McElveen McLellan McTeer Nesbitt Nettles Quinn Rama Rogers, J. Rogers, T. Sheheen Short Snow Sturkie Taylor Tucker Waites Washington Whipper Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Bailey, G. Barfield Baxley Bruce Carnell Clyborne Cole Corbett Davenport Elliott Farr Foster Hallman Holt Jaskwhich Johnson, J.C. Keegan Keesley Lanford Littlejohn Manly Martin, L. McAbee Neilson Phillips Rudnick Sharpe Simpson Smith Townsend Vaughn Waldrop Wells Wilder Wofford
So, the amendment was tabled.
Under the ruling of the Chair, the Bill requires a roll call vote under Article 10 of the constitution, and must receive a two-thirds vote.
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. Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Bruce Carnell Chamblee Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Glover Gordon Hallman Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McLellan McTeer Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
So, having received the necessary two-thirds vote, the Bill as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. FAIR objected to the Bill.
Rep. WRIGHT moved to adjourn debate upon the Bill until Tuesday, March 27, which was adopted.
The following Bill was taken up.
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.
Rep. KEYSERLING objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. DERRICK explained the Bill.
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.
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.
Rep. KIRSH explained the Bill.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 4, which was adopted.
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.
The following Bill was taken up.
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0926X), which was adopted.
Amend the bill, as and if amended, in subsection (D) of Section 11-15-100, as contained in SECTION 1, page 1, line 30, by striking /January fifteenth/ and inserting /March thirty-first/ so that when amended subsection (D) shall read:
/(D) On or before December thirty-first March thirty-first of each year following the close of the fiscal year, the State Treasurer shall provide to the Comptroller General publish a statement of obligations of all political subdivisions showing each municipality, county, special purpose district, and school district in a county-by-county listing. The Comptroller General shall publish the statement as a part of his annual report./
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.
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.
Rep. KIRSH explained the Bill and moved to adjourn debate upon the Bill until Wednesday, April 4, which was adopted.
The following Bill was taken up.
H. 4807 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS AND SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE REDUCED UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
Reps. KIRSH and McLELLAN proposed the following Amendment No. 1 (Doc. No. 1039o), which was adopted.
Amend the bill, as and if amended, in Section 44-2-70 of the 1976 Code, as contained in SECTION 3, by inserting after /department./ on line 38 of page 4 the following: /No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditure of funds from the Superb Account prior to or in lieu of payment by the mechanism./
Amend the bill further, as and if amended, in Section 44-2-90 of the 1976 Code, as contained in SECTION 4, by striking /registration fee as/ as contained on the last line of page 5 and inserting /registration fee as fees/.
Amend the bill further, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 44-2-110 of the 1976 Code is amended to read:
"Section 44-2-110. To encourage early detection, reporting, and cleanup of releases from leaking underground petroleum storage tanks, the department, within the guidelines established in this section, shall conduct an early detection incentive program which provides for a twenty-four month general grace period beginning on January 1, 1988, and ending on December 31, 1989. Pursuant thereto, the department shall establish reasonable requirements for the written reporting of petroleum releases and distribute the forms to all persons registering tanks under this chapter and to all other interested parties upon request to be used for the purpose of reporting petroleum releases. Until the forms are available for distribution, the department shall take reports of these releases however made but shall notify any person making a report that a written report of the release will be required by the department at a later time, the form for which will be provided by the department. All sites involving releases from underground storage tanks reported to the department any time from midnight on December 31, 1987, to midnight on December 31, 1989, regardless of whether the release occurred before or after January 1, 1988, are qualified sites for the expenditure of funds from the Superb Account, provided that a written report is filed with respect thereto. Any funds so expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions:
(1) The provisions of this section do not apply to any site where the department has initiated an administrative or civil enforcement action prior to December 31, 1987.
(2) The provisions of this section do not apply to any site where the department has been denied site access to implement the provisions of this chapter.
(3) The provisions of this section must not be construed to authorize or require direct billing to or reimbursement from the Superb Account for any costs expended at a site which was either reported to the department or where rehabilitation commenced prior to December 31, 1987."/
Amend the bill further, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 44-2-130(A) of the 1976 Code is amended to read:
"(A) To encourage voluntary rehabilitation, a person conducting site rehabilitation under Section 44-2-110, which defines the early detection incentive program, either through his own personnel or through response action contractors or subcontractors, is entitled to directly bill the Superb Account or be reimbursed from the Superb Account for reasonable costs incurred in connection with the site rehabilitation if prior approval therefor is obtained from the department. Prior to or during the grace period established under the early detection incentive program, the person is eligible to directly bill or be reimbursed for all reasonable costs incurred in connection with site rehabilitation. Subsequent to the grace period and so long as funds are available in the Superb Account, the person is eligible to directly bill or be reimbursed for reasonable costs incurred in excess of one hundred twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which reimbursement or direct billing from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted."/
Amend the bill further, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 44-2-130(E)(3) of the 1976 Code is amended to read:
"(3) The provisions of this section do not apply to any site where the owner of the underground petroleum tank has not paid the sixty dollars per tank per year registration fee registration fee required by Section 44-2-60(B)."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 4807 be read the third time Friday.
I oppose the imposition of additional taxes to fund H. 4807 and prefer to use existing gas tax revenues.
Rep. J. MICHAEL BAXLEY
Rep. BEASLEY moved that the House recur to the morning hour, which was not agreed to.
Rep. WHITE moved that the House do now adjourn, which was rejected by a division vote of 23 to 45.
Rep. SIMPSON, with unanimous consent, made a short statement relative to a Point of Order made Friday, March 16, in reference to H. 4800, the General Appropriation Bill.
Rep. WHITE asked, unanimous consent, to return H. 4486 to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The veto on the following Bill was taken up.
(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.
Rep. WILKINS spoke in favor of the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Felder Ferguson Foster Glover Gordon Hallman Harris, J. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3106 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
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. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
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. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
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. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.
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. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.
Rep. HASKINS moved to adjourn debate upon the Senate amendments until Wednesday, March 28.
Rep. BEASLEY moved to table the motion, which was not agreed to by a division vote of 8 to 35.
The question then recurred to the motion to adjourn debate until Wednesday, March 28, which was agreed to.
Rep. LANFORD moved that the House do now adjourn.
Rep. QUINN 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.
The question then recurred to the motion that the House do now adjourn.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Boan Burriss, M.D. Faber Hodges Kay Keyserling Lanford Limehouse Mappus McBride Short White Williams, J. Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Blanding Brown, G. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fant Glover Gordon Hallman Harris, J. Harrison Haskins Hayes Hendricks Huff Jaskwhich Johnson, J.C. Keegan Keesley Kinon Klapman Kohn Koon Manly Mattos McCain McEachin McElveen McGinnis McLeod McTeer Moss Neilson Nesbitt Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Winstead Wright
So, the House refused to adjourn.
Rep. FANT moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4882 -- Reps. Wofford, Baker, Barfield, H. Brown, Bruce, M.D Burriss, T.M. Burriss, Clyborne, Cole, Corbett, Davenport, Derrick, Fair, Hallman, Haskins, Harrison, Hendricks, Huff, Jaskwhich, Keegan, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, McCain, McGinnis, Quinn, Rama, Sharpe, Simpson, Sturkie, Vaughn, Wells, Wilkins and Wright: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE WHATEVER MEASURES NECESSARY TO PREVENT INTERSTATE REST AREAS FROM BECOMING PLACES FOR HOMOSEXUAL ACTS AND TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL NOT TO HAVE CONDOM MACHINES PLACED IN THE REST ROOMS AT THESE REST AREAS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resoultions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4883 -- Reps. Corning, T.M. Burriss, Wright, Quinn, Harrison and Cork: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 75 SO AS TO CREATE THE JOINT COMMITTEE ON COMPREHENSIVE BASE BUDGET ANALYSIS.
Referred to Committee on Ways and Means.
H. 4884 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".
Referred to Committee on Invitations and Memorial Resolutions.
The following Bill was taken up.
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".
Rep. KIRSH explained the Bill.
Rep. McEACHIN moved to adjourn debate upon the Bill until Tuesday, March 27.
Rep. KIRSH moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, March 27, which was agreed to.
The SPEAKER granted Rep. COOPER a leave of absence for the remainder of the day.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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.
Rep. BEASLEY explained the Bill.
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.
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.
Rep. ALTMAN explained the Bill.
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.
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.
Rep. M.O. ALEXANDER explained the Joint Resolution.
The following Bill was taken up.
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.
Rep. ALTMAN explained the Bill.
Rep. McTEER objected to the Bill.
Rep. ALTMAN continued speaking.
Reps. RUDNICK and SMITH objected to the Bill.
Rep. BAXLEY moved to reconsider the vote whereby the following Bill was given a second reading.
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.
Rep. BEASLEY moved to table the motion to reconsider, which was agreed to by a division vote of 41 to 22.
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
Rep. QUINN 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.
The question then recurred to the motion that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4866 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THOMAS ARDIS OF SUMMERTON FOR HIS OUTSTANDING SERVICE AS MAYOR OF THE TOWN OF SUMMERTON.
H. 4867 -- Reps. D. Williams, H. Brown, J. Williams and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS' BASKETBALL TEAM IN BERKELEY COUNTY UPON WINNING THE CLASS AA BOYS' STATE CHAMPIONSHIP ON SATURDAY, MARCH 10, 1990.
At 12:05 P.M. the House in accordance with the motion of Rep. J.W. JOHNSON adjourned to meet at 10:00 A.M. on Friday, March 23, in Local Session.
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