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:
Our Father God, in the awareness of our limited knowledge, we turn to You Whose dwelling place is beyond the visible and the tangible. We thank You for the heritage which is ours, purchased with toil and tears other than our own. Make us so totally just and fair that all that is false and every lurking evil may be crushed by Your truths. Give us understanding minds, clean thoughts and a steadfast trust in Your sufficiency lest we try to move forward in our own ability alone rather than to rely upon Him Who is the Eternal Rock of ages. Give us a faith fit to live by, a self to live with, and a cause to live for.
Hear us favorably, Lord, in this our morning prayer. 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.
Columbia, S.C., March 29, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3453:
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.
and asks for a Committee of Conference and has appointed Senators Land, Mullinax, and O'Dell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 070
Whereupon, the Chair appointed Reps. KAY, KOON, and BARFIELD to the Committee on Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., March 29, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3632:
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.
and asks for a Committee of Conference and has appointed Senators McLeod, Peeler and Bryan of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 071
Whereupon, the Chair appointed Reps. FAIR, DAVENPORT, and McBRIDE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 3, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1169:
S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 3, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1404:
S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. BAXLEY, on behalf of the Sumter County Delegation, presented Ms. Rita Beard, National IBM Teacher of the year.
Rep. LITTLEJOHN, on behalf of the Spartanburg Delegation, presented the Broome High School Girl's Basketball Team of Spartanburg County School Distrist 3, the 1990 3A State Champions.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 4727 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68 - WATER CLASSIFICATIONS AND STANDARDS AND 61-69 - CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, 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, and Rep. LIMEHOUSE, for the minority, submitted an unfavorable report, on:
H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4863 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINING OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, TO BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1172 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE FOR NEWLY BORN CHILDREN, SO AS TO PROVIDE THE REQUIREMENTS FOR THE SECTION TO APPLY TO AN ADOPTED CHILD.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4436 -- Reps. Baker, Littlejohn, Sharpe, Koon, J.C. Johnson, Felder, Davenport, Clyborne, Farr, Manly, Keyserling, Vaughn, Smith, Nesbitt, Chamblee, Moss, Wells, Bruce, Phillips, Haskins, Fant, Cooper, Glover, R. Brown, T. Rogers, Wilkins, Jaskwhich, L. Martin, Fair, Kirsh and McCain: A BILL TO AMEND SECTION 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE OF PROPERTY USED OR CONNECTED WITH THE ILLEGAL USE OF A NARCOTIC OR CONTROLLED SUBSTANCE, SO AS TO AUTHORIZE THE FORFEITURE OF A MOTOR VEHICLE WHICH IS USED TO FACILITATE ANY TRANSACTION TO PURCHASE OR SELL CONTROLLED SUBSTANCES AND THEIR COMPOUNDS AND DELETE PROVISIONS AUTHORIZING THE FORFEITURE IF THE VEHICLE CONTAINED A CERTAIN AMOUNT OF THESE NARCOTICS OR CONTROLLED SUBSTANCES AND REFERENCES THAT THE QUANTITIES REFERRED TO IN THIS SECTION REFER TO CONTROLLED SUBSTANCES OR ANY COMBINATIONS OF THEM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 925 -- Senator Pope: A BILL TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES SHALL NOT BE REQUIRED TO BE REPRESENTED BY AN ATTORNEY IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4256 -- Reps. Blackwell and Cooper: A BILL TO AMEND SECTION 38-79-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE FOR IT TO BE USED TO PAY GENERAL LIABILITY AS WELL AS MEDICAL MALPRACTICE CLAIMS, SETTLEMENTS, AND JUDGMENTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 908 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-175 SO AS TO PROVIDE THAT A STATE EMPLOYEE AT HIS REQUEST MUST BE EXCUSED FROM WORK BY HIS EMPLOYER DURING REGULAR STATE BUSINESS HOURS FOR THE PURPOSE OF DONATING BLOOD, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THIS EXCUSAL MUST BE GRANTED.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1254 -- Finance Committee: A BILL TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED STATE EMPLOYEE AND DELETE ARCHAIC PROVISIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1351 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1352 -- Senator Waddell: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3273 -- Reps. Nesbitt, Kirsh, Klapman, Boan, Hayes, Short, Foster and McGinnis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, Reps. McLELLAN, WINSTEAD, KLAPMAN, KIRSH, for the minority, submitted an unfavorable report on:
H. 4577 -- Reps. Carnell, Phillips, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Bennett, Boan, G. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Chamblee, Clyborne, Cole, Cooper, Davenport, Derrick, Elliott, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harvin, Harwell, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Kinon, Lanford, Littlejohn, Manly, D. Martin, L. Martin, Mattos, McAbee, McBride, McKay, McLeod, Moss, Neilson, Nesbitt, Nettles, Quinn, Rhoad, J. Rogers, Rudnick, Sharpe, Short, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder and Wilkes: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF CAPITAL IMPROVEMENT BONDS SO AS TO AUTHORIZE THE ISSUE OF ADDITIONAL BONDS FOR THE AERONAUTICS COMMISSION, TO PROVIDE THAT THE FUNDS FROM THE SALE OF THE BONDS FOR AIRPORT IMPROVEMENTS MUST BE SCHEDULED FOR RELEASE BY THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD OVER A FIVE-YEAR PERIOD BEGINNING WITH THE JANUARY TO JULY, 1991, PERIOD, TO PROVIDE THAT EACH PROJECT MUST HAVE THE APPROVAL OF THE COMMISSION AND AUTHORIZE THAT THE FUNDS MAY BE USED AS A MATCH FOR A PROJECT IF MATCHING FUNDS ARE AVAILABLE, AND TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE.
Ordered for consideration tomorrow.
Rep. BURCH moved that when the House adjourns it adjourn in memory of Leon Funderburk, outstanding citizen of Chesterfield County, which was agreed to.
The following was introduced:
H. 4931 -- Reps. M.O. Alexander and Stoddard: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. SARAH JANE LIMEHOUSE ARMSTRONG OF SIMPSONVILLE UPON BEING NAMED SOUTH CAROLINA'S OUTSTANDING ELEMENTARY PHYSICAL EDUCATION TEACHER OF THE YEAR FOR 1990 BY THE SOUTH CAROLINA ASSOCIATION FOR HEALTH, MUSICAL EDUCATION, RECREATION AND DANCE, AND FOR HER WORK WITH THE JUMP ROPE FOR HEART CAMPAIGN OVER THE LAST DECADE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4932 -- Reps. Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. BENJAMIN JAMES SANDERS, JR., OF GREENWOOD COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1464 -- Senators Martschink, Shealy, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THOMAS S. LINTON FOR HIS MANY YEARS OF SUPERB SERVICE AS CODE COMMISSIONER OF SOUTH CAROLINA AND DIRECTOR OF THE LEGISLATIVE COUNCIL AND WISHING HIM HAPPINESS UPON HIS RETIREMENT.
Whereas, Thomas S. (Tom) Linton attended the College of William and Mary from 1940-42 and the University of South Carolina from 1949-52; and
Whereas, he received his law degree from the University of South Carolina and was admitted to the Bar; and
Whereas, he served as an instructor in business law at USC from 1954-62; and
Whereas, he was an attorney for the Legislative Council of the General Assembly from 1958-68 and was chief attorney from 1968-75; and
Whereas, in 1975, he was elected Code Commissioner of South Carolina and Director of the Legislative Council and has been re-elected several times subsequently; and
Whereas, he has been a member and officer of the South Carolina Judicial Council and has also served on the Commission on Suggested State Legislation, the Subcommittee on Scope and Agenda, the Constitutional Ballot Commission, and the National Conference on Commissioners on Uniform State Legislation, among others; and
Whereas, he has been very active and involved in community and civic matters and his church over the years, including, particularly, service as chairman of the Richland County Recreation Commission (since 1961) and as president of the Boys Clubs of Greater Columbia, Inc.; and
Whereas, he served in the United States Air Force from 1942-47 and was awarded the Distinguished Flying Cross, Air Medal four times and six Battle Stars; and
Whereas, as Code Commissioner and Director of the Legislative Council, Tom has rendered exemplary public service; and
Whereas, he has been a good friend, adviser, and counselor to the members of the General Assembly, and his knowledge of the South Carolina Constitution and statutory law has been impressive and has helped the members greatly in the performance of their duties; and
Whereas, Tom has done a superb job as Code Commissioner and Director of the Legislative Council, and we are deeply appreciative of all of his efforts and accomplishments in our behalf; and
Whereas, he has announced his retirement from public life on his upcoming seventy-second birthday (October 1, 1990), after thirty-two years of devoted, energetic, and outstanding service to the State; and
Whereas, we will miss Tom very much, but we hope to see him again often and also hope that his retirement will be a happy one; and
Whereas, we want Tom to know that he has meant much to us personally and to the effective operation of the General Assembly as an institution and that our success over the years has, in large part, been the direct result of his efforts, diligence, and hard work. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deep appreciation to Thomas S. Linton for his many years of superb service as Code Commissioner of South Carolina and Director of the Legislative Council and wish him happiness upon his retirement.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Thomas S. Linton at Columbia.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1480 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SPARTANBURG COUNTY EMS SYSTEM IN RECOGNITION OF ITS DISTINGUISHED SERVICE TO THE PEOPLE OF SPARTANBURG COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1481 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RONNIE GENTRY OF THE SPARTANBURG COUNTY EMS SYSTEM ON BEING NAMED SOUTH CAROLINA PARAMEDIC OF THE YEAR FOR 1990.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4933 -- Rep. Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-55 SO AS TO PROVIDE TREBLE DAMAGES FOR AN OIL SPILL THAT AFFECTS WATERS OR LAND WITHIN THE TERRITORIAL JURISDICTION OF SOUTH CAROLINA.
Referred to Committee on Judiciary.
H. 4934 -- Rep. Kirsh: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING.
Referred to Committee on Ways and Means.
H. 4935 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR PERSONS WITH RELATED CONDITIONS; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF THE FACILITIES, SO AS TO PROVIDE FOR THE REQUIREMENTS TO APPLY TO THE INTERMEDIATE CARE FACILITIES DEFINED IN THIS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4936 -- Rep. Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING FOR THE PARENTAL RESPONSIBILITES ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-130 SO AS TO PROVIDE FOR THE REQUIREMENTS OF SCHOOL DISTRICTS RELATING TO PARENTAL INVOLVEMENT AND HOME SCHOOL RELATIONS; BY ADDING SECTION 59-26-80 SO AS TO PROVIDE FOR INSERVICE TRAINING PROGRAMS TO HELP AT-RISK YOUTH AND THEIR PARENTS; AND BY ADDING SECTION 59-26-90 SO AS TO PROVIDE FOR THE USE OF EMPLOYMENT TIME BY SCHOOL GUIDANCE COUNSELORS; TO AMEND SECTION 20-7-20, RELATING TO A CHILDREN'S POLICY, SO AS TO PROVIDE FOR THE STATE'S RESPONSIBILITY REGARDING THE SCHOOL ATTENDANCE LAW; TO AMEND SECTION 43-5-550, RELATING TO THE STATEWIDE WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO PROVIDE FOR A CONDITION FOR RECEIVING PUBLIC ASSISTANCE; TO AMEND SECTION 59-20-60, RELATING TO THE SPENDING PRIORITY OF SCHOOL DISTRICTS, SCHOOL IMPROVEMENT REPORTS, AND THE EDUCATION FINANCE REVIEW COMMITTEE, SO AS TO PROVIDE FOR THE CONTENT OF A WRITTEN APPRAISAL OF A REPORT; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL PROGRAMS TO INCLUDE TRAINING IN WORKING WITH AT-RISK YOUTH AND THEIR PARENTS; TO AMEND SECTION 59-65-50, RELATING TO REPORTING SCHOOL NONATTENDANCE TO A COURT, SO AS TO PROVIDE FOR AN INTERVENTION PLAN TO SECURE A CHILD'S SCHOOL ATTENDANCE AND FOR A REPORT OF NONATTENDANCE TO THE SOLICITOR; AND TO AMEND SECTION 59-65-60, RELATING TO A COURT'S PROCEDURE UPON RECEIVING A NONATTENDANCE REPORT, SO AS TO INCREASE THE PENALTY AND PROVIDE FOR PUBLIC SERVICE AND PARTICIPATION IN APPROPRIATE PROGRAMS FOR A PARENT WHO FAILS TO COMPLY WITH A RELATED COURT ORDER AND PROVIDE FOR ELECTRONIC HOME DETENTION.
Referred to Committee on Education and Public Works.
H. 4937 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-65 SO AS TO ALLOW A CIRCUIT JUDGE TO VARY, BUT NOT REDUCE, THE SENTENCE IMPOSED ON A DEFENDANT IN AN EARLIER TERM OF GENERAL SESSIONS COURT WITH THE APPROVAL OF THE SOLICITOR WHO PROSECUTED THE CASE AND IF THE JUDGE FINDS THAT THE VARIANCE IS IN THE BEST INTERESTS OF ALL PARTIES INVOLVED.
Referred to Committee on Judiciary.
H. 4938 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-635 SO AS TO PROHIBIT THE USE OF A PRODUCT, SERVICE, NAME, OR TRADEMARK BY A CANDIDATE FOR PUBLIC OFFICE TO IMPLY A RELATIONSHIP OR AN ASSOCIATION WITH IT AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 4939 -- Rep. Cole: A BILL TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
On motion of Rep. COLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 793 -- Senator Hinds: A BILL TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.
Referred to Committee on Labor, Commerce and Industry.
S. 1207 -- Senator McGill: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWELVE MONTHS AFTER AN ELECTION ON THE SAME QUESTION.
Referred to Committee on Judiciary.
S. 1227 -- Senators Shealy, Martschink, Setzler, Bryan, Wilson and Rose: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 SO AS TO PROVIDE SPECIAL MOTOR VEHICLE LICENSE PLATES FOR MEMBERS OF THE UNITED STATES NAVAL RESERVE.
Referred to Committee on Education and Public Works.
S. 1241 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1369 -- Senators McConnell, Leatherman, Rose and Drummond: A BILL TO AMEND SECTION 11-35-3030(2)(a), 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.
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
Referred to Committee on Judiciary.
S. 1449 -- Senator Leventis: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE MIDLAND RETIRED MILITARY ASSOCIATION OF SOUTH CAROLINA.
On motion of Rep. BLANDING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4940 -- Reps. Kinon and G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ALFRED CHESTER McGINNIS, SR., REPRESENTATIVE FROM DISTRICT 36 IN SPARTANBURG COUNTY, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A MEMBER OF THE UNITED STATES MARINES AND OF THE SOUTH CAROLINA ARMY NATIONAL GUARD FROM WHICH HE IS RETIRING WITH THE RANK OF BRIGADIER GENERAL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
I came in after the roll call and was present for the Session on April 4, 1990.
Dewitt Williams John J. Snow C. Lenoir Sturkie Thomas E. Huff
STATEMENTS OF ATTENDANCE
Reps. HARVIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on April 3.
Announcement was made that Dr. Marion F. McFarland of Columbia is the Doctor of the Day for the General Assembly.
Reps. D. WILLIAMS, WOFFORD and H. BROWN presented the Macedonia Boys' Basketball Team, the Class AA State Champions.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4927 -- Reps. Kay, Carnell and Townsend: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.
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, read the third time, and ordered returned to the Senate with amendments.
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
The following Bill was taken up.
S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: A BILL TO AMEND SECTION 56-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF ITEMS IN APPLYING FOR A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO ALLOW ANY REASONABLY RELIABLE DOCUMENT CONTAINING THE APPLICANT'S SOCIAL SECURITY NUMBER TO SERVE AS SUFFICIENT PROOF OF THE EXISTENCE AND VALIDITY OF THEIR SOCIAL SECURITY NUMBER AND TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES.
Rep. ALTMAN explained the Bill.
Reps. FARR, PHILLIPS, FABER, HASKINS, LANFORD and FAIR objected to the Bill.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 3, by the Committee on Judiciary.
Rep. WILKINS continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. McCAIN, on behalf of the Orangeburg Delegation, presented the Claflin College Girls' "Pantherettes" outstanding Basketball Team members and their coach.
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. HASKINS proposed the following Amendment No. 1 (Doc. No. 1261X), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 12-9-310 of the 1976 Code is amended by deleting the unnumbered item added by Section 55B, Part II, Act 189 of 1989.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. BAKER spoke upon the amendment.
Rep. KIRSH moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Bailey, J. Bailey, K. Bennett Blanding Boan Brown, G. Brown, H. Carnell Chamblee Cooper Derrick Faber Fant Farr Foster Gentry Gordon Hallman Harris, P. Harvin Harwell Hendricks Hodges Holt Johnson, J.W. Kinon Kirsh Koon Manly Mappus Mattos McAbee McBride McEachin McElveen McLeod McTeer Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, T. Sharpe Sheheen Short Smith Snow Stoddard Sturkie Taylor Waites Waldrop Washington Whipper White Wilkes Winstead Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Baker Barfield Baxley Blackwell Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Cork Corning Davenport Elliott Fair Felder Ferguson Harris, J. Harrison Haskins Hayes Huff Jaskwhich Kay Keegan Keesley Lanford Martin, D. Martin, L. McCain Moss Rudnick Simpson Townsend Tucker Vaughn Wells Wilder Wilkins
So, the amendment was tabled.
The Bill was read the second time and ordered to third reading.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Thursday, April 5, which was adopted.
H. 4388 -- Reps. Rudnick, Smith, Sharpe and Huff: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS.
Rep. TAYLOR moved that the House recur to the morning hour.
Rep. HUFF moved to table the motion, which was not agreed to by a division vote of 22 to 47.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
Rep. HAYES moved to reconsider the vote whereby the following Bill was given a second reading.
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. HAYES spoke in favor of the motion to reconsider.
Rep. KIRSH moved to table the motion to reconsider.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Bennett Blanding Corbett Cork Derrick Hallman Holt Johnson, J.W. Keegan Kirsh Manly Martin, L. Rama Smith Snow Tucker Waldrop Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Barber Barfield Baxley Blackwell Boan Brown, G. Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Davenport Elliott Fair Fant Farr Felder Foster Gentry Gordon Harrison Harvin Harwell Haskins Hayes Huff Jaskwhich Johnson, J.C. Kay Keesley Keyserling Kinon Klapman Koon Lanford Martin, D. Mattos McCain McEachin McElveen McKay McLeod Moss Nesbitt Nettles Phillips Quinn Rudnick Sheheen Short Simpson Sturkie Townsend Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wofford Wright
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4941 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 15, 1990, FOR ITS ANNUAL STATE HOUSE MEETING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4942 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF KINGSTREE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4943 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND WILLIAMSBURG COUNTY TECHNICAL COLLEGE, AND ITS STAFF UNDER THE LEADERSHIP OF PRESIDENT JOHN WYNN FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4944 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND SHERIFF THEODORE MCFARLIN AND THE MEMBERS OF THE WILLIAMSBURG COUNTY SHERIFF'S DEPARTMENT FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4945 -- Rep. Winstead: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4946 -- Reps. Sharpe, Keegan, M.D. Burriss, Haskins, Winstead, Rama, Wright, Corning, Fair, L. Martin, Koon, Sturkie, Wells, Littlejohn, Clyborne, Wofford, Vaughn, Jaskwhich and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 141 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA TUITION PAYMENT PLAN.
Referred to Committee on Education and Public Works.
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. HASKINS moved to adjourn debate upon the Bill until Thursday, April 5, which was adopted.
The following Bill was taken up.
S. 5 -- Senators Leatherman, Rose, Wilson, Leventis, McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR WHO HAVE NOT EARNED A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE SCHOOLS TO PROVIDE DOCUMENTATION UPON REQUEST TO PERSONS AT LEAST FIFTEEN YEARS OF AGE OF THEIR COMPLIANCE WITH ATTENDANCE POLICIES, TO REQUIRE SCHOOLS TO NOTIFY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WITHDRAWN FROM SCHOOL, TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND THE DRIVERS' LICENSES OF THOSE PERSONS UNLESS THEY FIRST COMPLY WITH THE REQUIREMENTS OF THIS SECTION, TO DEFINE WITHDRAWAL AS MORE THAN TEN UNEXCUSED ABSENCES, AND TO PROVIDE AN EXCEPTION UPON DETERMINATION BY A COURT THAT A PERSONAL OR FAMILY HARDSHIP EXISTS THAT REQUIRES THE PERSON TO OBTAIN OR RETAIN A DRIVER'S LICENSE FOR EMPLOYMENT OR MEDICALLY-RELATED PURPOSES.
Reps. BLACKWELL, DAVENPORT, VAUGHN and BRUCE objected to the Bill.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
H. 4889 -- Reps. Boan and Hodges: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANCASTER COUNTY FAIR ASSOCIATION.
S. 1328 -- Senator Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
H. 4443 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.
Rep. L. MARTIN explained the Bill.
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.
S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
H. 4831 -- Reps. Wilkins, Baxley, Harwell, Hodges, Huff and Hayes: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF CRIME VICTIM AWARDS, SO AS TO AUTHORIZE THE PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS FOR THE NUMBER OF SESSIONS WITHIN THE NINETY-DAY-PERIOD OR FIFTEEN SESSIONS, WHICHEVER IS GREATER.
The following Joint Resolution was taken up.
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.
Rep. WILKINS explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Thursday, April 5, which was adopted.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1217X), which was adopted.
Amend the bill, as and if amended, by striking Section 40-57-155, as contained in SECTION 1, and inserting:
/Section 40-57-155. As a condition for license renewal a broker or salesman, resident or nonresident, must annually complete satisfactorily six hours of course instruction prescribed by the commission at a school approved by the commission. A salesman enrolled in a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A broker or salesman who decides to become inactive is not required to participate in continuing education but shall complete the six-hours requirement before he returns to active status./
Amend title to conform.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
Rep. G. BAILEY explained the Bill.
Reps. GORDON, FANT and KLAPMAN objected to the Bill.
The following Bill was taken up.
H. 4569 -- Reps. McTeer, Wilder and Rhoad: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT SO AS TO EXEMPT FROM LIABILITY BOAT RAMPS, LAUNCHING, OR DOCKING FACILITIES COMPLYING WITH STATE ORGANIZATION OF BOATING, ACCESS ADMINISTRATORS (SOBAA) SPECIFICATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1221X).
Amend the bill, as and if amended, Section 15-78-60, as contained in SECTION 1, by striking item (26) and inserting:
/(26) failure to supervise or control areas open for public hunting or activities thereon. Failure to control, maintain, and/or or supervise the use of and activities in, on, and around public boat ramps except within a reasonable time after actual notice of the defect or condition. Failure or failure to maintain navigational markers, except within a reasonable time after actual notice of the defect or condition. No liability attaches to a governmental entity which builds, constructs, or designs a boat ramp or launching or docking facility for negligence in designing or construction if the ramp or facility is constructed in accordance with the specifications prescribed by regulation by the South Carolina Wildlife and Marine Resources Commission in effect at the time of the design or construction. The regulations must be prescribed by the commission, approved by the State Engineer, and promulgated pursuant to the Administrative Procedures Act. All boat ramps or launching or docking facilities designed or constructed after the effective date of the regulations must be constructed in compliance with the regulations. The fact that a boat ramp or launching or docking facility constructed before the effective date of this act does not comply with these regulations may not be admitted as evidence in a civil action./
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 10, which was adopted.
Rep. T.M. BURRISS moved to adjourn debate upon the following Joint Resolution until Tuesday, April 10, which was adopted.
S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1306X), which was adopted.
Amend the bill, as and if amended, by striking Section 44-53-445, as contained in SECTION 2, and inserting:
/"Section 44-53-445. It is a separate criminal offense for any person to unlawfully distribute, sell, or manufacture, or to unlawfully possess with intent to distribute, a controlled substance while within a radius of one-half mile of the grounds of an elementary, middle, or secondary school. Any person committing this act must be, upon conviction, punished by a fine not to exceed ten thousand dollars, or and by imprisonment not to exceed ten years, or both. When a violation involves crack cocaine, the punishment, upon conviction, must be a fine of not less than ten thousand dollars, and imprisonment for not less than ten nor more than fifteen years.
It is a separate criminal offense for a person to purchase unlawfully a controlled substance while on the grounds of an elementary, middle, or secondary school. A person committing this act must be, upon conviction, punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed one year or both.
For purposes of the creation of presumptions of intent to distribute, the presumptions set out in Section 44-53-370(3) and Section 44-53-375 apply to criminal prosecutions under this section."/
Amend further, by striking SECTIONS 6 and 7 and inserting:
/SECTION 6. Section 59-5-65 of the 1976 Code, as last amended by Act 194 of 1989, is further amended by adding at the end the following appropriately numbered item:
"( ) Develop by regulation a model safe schools checklist to be used by school districts on a regular basis to assess their schools' safety strengths and weaknesses. The checklist must include:
(a) the existence of a comprehensive safety plan;
(b) communication of discipline policies and procedures;
(c) intra-agency and interagency emergency planning;
(d) recording of disruptive incidents;
(e) training of staff and students;
(f) assessment of buildings and grounds;
(g) procedures for handling visitors;
(h) assignment of personnel in emergencies;
(i) emergency communication and management procedures; and
(j) transportation rules and accident procedures."
SECTION 7. The State Board of Education shall promulgate by December 31, 1990, the regulation required pursuant to the item added to Section 59-5-65 of the 1976 Code under Section 6 of this act.
SECTION 8. This act may be cited as the "Safe Schools Act of 1990".
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 1422X), which was adopted.
Amend the bill, as and if amended, by adding a SECTION, appropriately numbered, as follows:
/SECTION ___. Section 16-3-1040 of the 1976 Code is amended to read:
"Section 16-3-1040. It shall be is unlawful for any person to knowingly and wilfully deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of their immediate families.
Any person violating the provisions of this section shall must, upon conviction, be punished by a term of imprisonment for of not more than five years.
For purposes of this section:
(a)(1) 'Public official' means any elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(b)(2) 'Immediate family' shall mean means a public official's the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4805 -- Reps. Wilkins, McAbee, Mappus, T.M. Burriss, Cork, Felder, Hayes, Elliott, J.W. Johnson, Winstead, Carnell, P. Harris, Burch, Hodges, Haskins, J. Williams and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Rep. FARR moved to adjourn debate upon the Bill until Tuesday, May 1.
Rep. WILKINS moved to table the motion, which was agreed to by a division vote of 40 to 20.
Reps. L. MARTIN, FARR, McCAIN, McEACHIN, PHILLIPS, STURKIE, COLE, DAVENPORT, NETTLES and KAY objected to the Bill.
The following Bill was taken up.
H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1055o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 23-31-180 of the 1976 Code, as amended by Act 173 of 1989, is further amended to read:
"Section 23-31-180. Except as otherwise provided by law, no No licensed retail dealer may hold, store, handle, sell, or offer for sale or otherwise possess in his place of business a pistol or other handgun which has a die-cast frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.
A pistol or other handgun possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to the municipality where seized or to the county where seized if outside a municipality. The weapon must be disposed of as provided by Section 16-23-500.
However, any law enforcement agent may register and use these weapons in the line of duty, and licensed retail dealers may purchase and possess these weapons only for purposes of selling them to qualified law enforcement agencies or personnel and are further authorized to sell these weapons to qualified law enforcement agencies or personnel. The State Law Enforcement Division shall prescribe the manner in which and conditions under which these weapons may be purchased, possessed, and sold for these purposes."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J.W. JOHNSON moved that the House recur to the morning hour, which was agreed to.
Rep. SHARPE moved that the House do now adjourn.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Sharpe Simpson
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Bruce Burch Chamblee Clyborne Cole Cooper Corbett Cork Davenport Elliott Faber Farr Felder Foster Gentry Hallman Harris, J. Harris, P. Harrison Harvin Harwell Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kinon Kirsh Klapman Koon Lanford Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rudnick Sheheen Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Waldrop Wells White Wilder Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
The SPEAKER granted Reps. J. ROGERS and KEYSERLING a temporary leave of absence.
Rep. G. BAILEY moved that the House recede until 2:00 P.M.
Rep. JASKWHICH demanded the yeas and nays, which were not ordered.
The motion to recede was rejected by a division vote of 20 to 66.
The following Bill was taken up.
H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1279X), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 20-7-340 of the 1976 Code is amended to read:
"Section 20-7-340. When any unmarried minor under the age of seventeen years and living with his parent shall maliciously and intentionally destroy, damage or steal property, real, personal or mixed, the owner of such property shall be entitled to recover from such parent of such minor actual damages in a civil action court of competent jurisdiction in an amount not exceeding one thousand dollars; provided, however, that nothing herein contained shall in any way limit the application of the family purpose doctrine.
(A) The State of South Carolina, a political subdivision of the State, including, but not limited to, a school district, or any other person, including, but not limited to, an individual, a religious organization, a corporation, a partnership, or other entity, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed seven thousand five hundred dollars in a civil action in a court of competent jurisdiction from the parents or legal guardian of the person of a minor under the age of eighteen years and residing with the parents or the legal guardian of the person who maliciously or wilfully causes personal injury to the individual or destroys, damages, or steals property, real, personal, or mixed, belonging to the State of South Carolina, the political subdivision of the State, including, but not limited to, a school district, or other person, including, but not limited to, an individual, religious organization, corporation, partnership, or other entity, whether incorporated or unincorporated.
(B) Recovery under this section is limited to actual damages.
(C) Nothing in this section limits the application of the family purpose doctrine.
(D) The liability of parents or legal guardians under subsection (A) is joint and several with the minor for the injury or the destruction, damage, or theft, as the case may be, as long as the minor would have been liable for the injury or the destruction, damage, or theft if the minor had been an adult. Nothing in this section may be construed to relieve the minor from personal liability for the injury or the destruction, damage, or theft. The liability in this section is in addition to and not in lieu of other liability which may exist by law.
(E) This section does not apply to persons having custody or charge of a minor under the authority of a state agency or a county social services department or to state agencies or county departments of social services which have legal custody or charge of a minor."/
Amend title to conform.
Rep. TAYLOR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4573 -- Reps. Hayes and Huff: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ADDITIONAL PUNISHMENT FOR POSSESSION OF A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO ADD DRUG-RELATED OFFENSES TO THOSE OFFENSES FOR WHICH THE ADDITIONAL PUNISHMENT MAY BE GIVEN AND TO PROVIDE FOR AN INCREASED PENALTY IF A MACHINE GUN OR A FIREARM WITH A SILENCER OR MUFFLER IS UTILIZED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1024o), which was adopted.
Amend the bill, as and if amended, in Section 16-23-490 of the 1976 Code, as contained in SECTION 1, by inserting /not/ immediately after /may/ on line 1 of the second to last paragraph of the section.
When amended, the second to last paragraph of the section shall read:
/No such The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime or drug-related offense and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60 or a drug-related offense as defined in this section./
Amend title to conform.
Rep. NETTLES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1054o).
Amend the bill, as and if amended, in Section 44-53-476 of the 1976 Code, as contained in SECTION 1, by striking the first paragraph of Section 44-53-476 and inserting:
/A person is a 'leader of a narcotics trafficking network' if he occupies a position of authority or control as an organizer, supervisor, financier, or manager of an organization consisting of five or more persons which is engaged in a continuing scheme or course of conduct to unlawfully manufacture, distribute, dispense, deliver, bring into or transport in this State any controlled substance classified in Schedules I, II, III, or IV or any controlled substance analog thereof in amounts exceeding the statutory quantity necessary to constitute the offense of trafficking in that controlled substance as provided in Section 44-53-370(e). A person who is a 'leader of a narcotics trafficking network' is guilty of a felony and, upon conviction, must be punished by a mandatory term of imprisonment of forty-five years, no part of which may be suspended nor probation or parole granted for any portion. Anyone sentenced in this manner is not eligible for work release, extended work release, or supervised furlough. The court may also impose a fine not to exceed five hundred thousand dollars or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater./
Amend title to conform.
Rep. NETTLES explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 10, which was adopted.
Rep. J.W. JOHNSON moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.
H. 4574 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Rep. J.W. JOHNSON moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.
H. 4571 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL, AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
The following Bill was taken up.
H. 4606 -- Reps. McLeod, Stoddard, J.C. Johnson, Koon, Keyserling, G. Brown, McElveen, Blanding, Waites, J. Bailey, Smith, Corning, T.M. Burriss, Felder, Whipper, Huff, Barber, Washington, Holt, White, Bruce, Littlejohn, Fant and Glover: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REDUCE THE TIME PERIOD REGULATIONS ARE IN COMMITTEE AND UNDER CONSIDERATION; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS BY A LEGISLATIVE COMMITTEE, SO AS TO CHANGE THE PROCEDURES UPON RESUBMISSION OF REGULATIONS BY AN AGENCY, AND TO DELETE THE AUTOMATIC APPROVAL PROVISION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1064o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-23-120 of the 1976 Code, as last amended by Act 91 of 1989, is further amended to read:
"Section 1-23-120. All regulations except those specifically exempted under this article must be submitted to the General Assembly for review in accordance with the provisions of the article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b). To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives a copy of any regulations promulgated along with a request for review and a copy of the preliminary fiscal impact statement prepared by the agency as required in Section 1-23-110(b)(2). Upon receipt of the request, the President and Speaker reviewing the request shall submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. When a regulation proposes to adopt a standard by reference to other documents, a copy of the referenced document must be filed with the Legislative Council. The committees have one hundred twenty days from the date regulations are submitted to the General Assembly to consider regulations so referred and determine their actions on the regulations. If a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation by the appropriate committee, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting. At the full committee meeting the regulation must be considered and within five legislative days after the meeting the committee shall make a report in the form of a resolution to approve or disapprove the regulation. Only those calendar days occurring during sessions of the General Assembly are included in computing the days elapsed. If a resolution to approve a regulation is not enacted within one hundred twenty days after submission to the General Assembly or if a resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a resolution by the committee of either house does not prevent the introduction of a resolution by the committee of the other house to either approve or disapprove the regulations concerned.
The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.
Any member may introduce a joint resolution approving or disapproving a regulation or group of regulations thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
General Assembly review is not required for regulations promulgated to maintain compliance with federal law including, but not limited to, grant programs. Review also is not required for regulations promulgated by the State Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110. Review is not required for regulations promulgated by the South Carolina Tax Commission to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1954. All regulations submitted to the General Assembly for approval must have attached to them a brief synopsis or analysis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations. The synopsis or analysis must include citations of federal law, if any, mandating changes in the regulations. The one-hundred-twenty-day period of review provided for in this section does not begin to run until the synopsis or analysis is attached to regulations submitted."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., April 4, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Rep. L. MARTIN moved acceptance of the invitation, which was rejected.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 518 -- Senator McConnell: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.
Rep. HUFF explained the Bill.
H. 4674 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Joint Resolution until Thursday, April 5, which was adopted.
H. 4901 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MANUFACTURED HOUSING BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MOSS moved to adjourn debate upon the following Bill until Thursday, April 5, which was adopted.
H. 3605 -- Rep. Huff: A BILL TO AMEND SECTION 17-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOPSIES, PRELIMINARY EXAMINATIONS, AND INQUESTS AND THE DUTIES OF A CORONER CONCERNING MOTOR VEHICLE, SWIMMING, OR BOATING ACCIDENT DEATHS, SO AS TO REDEFINE "DRIVER" AND "PEDESTRIAN", TO APPLY THE PROVISIONS OF THIS SECTION TO A "VEHICLE PASSENGER", TO REQUIRE EXAMINATION OF THE BODY IN A TIMELY MANNER AFTER DEATH RATHER THAN WITHIN EIGHT HOURS OF DEATH, AND TO PROVIDE FOR THE COUNTING AND RECORDING AS VICTIMS OF ACCIDENTS INVOLVING ALCOHOL OR DRUGS CERTAIN PERSONS WHO DIE WITHIN ONE YEAR OF THE ACCIDENT.
The following Bill was taken up.
H. 4671 -- Reps. Gregory, Klapman, Kirsh, Short, Fair, Wilkins and J. Brown: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
Rep. BLACKWELL moved to table the Bill, which was agreed to.
The following Joint Resolution was taken up.
H. 4673 -- Reps. Gregory, Kirsh, Short, Fair, McLellan, Wilkins, Klapman and J. Brown: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
Rep. BLACKWELL moved to table the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up.
S. 689 -- Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 2 (Doc. No. 0293l), which was adopted.
Amend the resolution, as and if amended, by striking all after the title and inserting the following language:
Whereas, it is the policy of South Carolina to protect and promote the health of the public and to assist its citizens in obtaining access to health care;
Whereas, the cost of health care as well as private health insurance is rising in South Carolina thereby limiting access to health care for many citizens;
Whereas, private health insurance is unaffordable to many individuals and employers; the high cost of insurance prohibits some employers from offering this benefit while others are forced to discontinue or reduce coverage;
Whereas, in South Carolina, approximately 200,000 people forgo medical care because they cannot afford to pay for it;
Whereas, there are approximately 350,000 people who receive health care services but because they are unable to pay for all or part of these services, their health care expenses are not paid;
Whereas, when health services are rendered and not paid, many of these expenses are shifted to the cost of services for which there is payment;
Whereas, if health insurance were available to more individuals the need to cost shift should be reduced;
Whereas, on any given day in South Carolina there are approximately 450,000 people without either public or private health insurance;
Whereas, approximately one-half of the uninsured in South Carolina are employed full-time but often health insurance is not offered by their employers and they are unable to afford private coverage;
Whereas, eighty percent of new jobs in South Carolina are created by small businesses which generally have to pay ten percent to forty percent higher premiums, affordable health insurance would promote a climate in which more of these businesses could thrive;
Whereas, available health care coverage for entry level employees would remove a barrier to employment for many persons receiving public assistance since medicaid would be replaced by employer based insurance;
Whereas, health care costs may be more equitably distributed and more citizens of South Carolina would have access to health care if health insurance were more affordable;
Whereas it is in the best interest of the people and State of South Carolina to encourage the gainful employment of citizens of this state in the private enterprise economy, and thereby decrease the number of individuals and families wholly or partially dependent upon public assistance; and
Whereas, the General Assembly finds that in order to establish policies and programs to help provide affordable, equitable, and accessible health insurance coverage, it would benefit from the experience of demonstration projects to test means by which this could be accomplished. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. There is created the Health Benefit Plan Demonstration Project. The purpose of this project is to develop and test models for providing health insurance coverage to South Carolinians who are currently uninsured, with an emphasis on the working uninsured. Three test sites may be selected for the demonstration project and program models and these demonstration projects and program models should have the potential for replication elsewhere in the State or on a statewide basis.
This project must be developed, implemented, and administered by the South Carolina Health and Human Services Finance Commission. A seventeen member Health Benefit Plan Demonstration Council comprised of the following members shall assist and advise the commission throughout the duration of this project:
(1) the Executive Director of the South Carolina Health and Human Services Finance Commission who shall serve as chairman of the council;
(2) the Director, or his designee, of the Governor's Division of Health and Human Services;
(3) the Executive Director, or his designee, of the South Carolina Primary Care Association;
(4) the Executive Director, or his designee, of the South Carolina Development Board;
(5) the Commissioner, or his designee, of the South Carolina Department of Health and Environmental Control;
(6) the Commissioner, or his designee, of the South Carolina Department of Insurance;
(7) the Commissioner, or his designee, of the South Carolina Department of Social Services;
(8) the Executive Director, or his designee, of the South Carolina Hospital Association;
(9) the Executive Director, or his designee, of the South Carolina Medical Association;
(10) the Executive Director, or his designee, of the South Carolina Chamber of Commerce;
(11) a South Carolina representative of the National Federation of Independent Business;
(12) two members appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee;
(13) two members appointed by the Chairman of the Senate Medical Affairs Committee;
(14) one member appointed by the Chairman of the House Ways and Means Committee; and
(15) one member appointed by the Chairman of the Senate Finance Committee.
The chairman of the council shall seek advice and expertise from other public and private sources to assist in the development and implementation of the demonstration project.
SECTION 2. The powers and duties of the Finance Commission in carrying out the responsibilities of this act include, but are not limited to, the following:
(a) contracting for services to carry out the provisions of this act and to achieve the purpose of this project;
(b) establishing criteria for demonstration project models;
(c) selecting demonstration sponsors and sites;
(d) approving demonstration site benefit plans;
(e) soliciting public and/or private resources for use by the demonstration project;
(f) reporting semiannually on the progress and status of the demonstration project to the Senate Medical Affairs Committee, the House Medical, Military, Public and Municipal Affairs Committee, and the Joint Insurance Study Committee; and
(g) making a final report and recommendations to the General Assembly.
SECTION 3. The Health Benefit Plan Demonstration Project is exempt from the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner.
SECTION 4. The General Assembly annually shall provide for the funding of the demonstration project in the state general appropriations act. In addition to state funds, the model programs tested by the project must generate funds from employers and employees participating in the program to be utilized in securing the health insurance offered through the program. The commission shall endeavor to achieve a ratio of state appropriated funds to other funds at least equivalent to, if not greater than, the state medicaid match.
SECTION 5. The Health Benefit Demonstration Project terminates three years from the effective date of this act, unless otherwise reauthorized by the General Assembly.
SECTION 6. This act takes effect upon approval by the Governor.
Amend title and renumber to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 3 (Doc. No. 1429X), which was adopted.
Amend the Report of the Committee on Medical, Military, Public and Municipal Affairs, page 0689-4, by inserting immediately after line 6:
/(11) the Executive Director, or his designee, of the South Carolina Association of Counties;/
Renumber remaining items to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. J.W. JOHNSON moved that the House do now adjourn.
Rep. KEEGAN 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. 4931 -- Reps. M.O. Alexander and Stoddard: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. SARAH JANE LIMEHOUSE ARMSTRONG OF SIMPSONVILLE UPON BEING NAMED SOUTH CAROLINA'S OUTSTANDING ELEMENTARY PHYSICAL EDUCATION TEACHER OF THE YEAR FOR 1990 BY THE SOUTH CAROLINA ASSOCIATION FOR HEALTH, MUSICAL EDUCATION, RECREATION AND DANCE, AND FOR HER WORK WITH THE JUMP ROPE FOR HEART CAMPAIGN OVER THE LAST DECADE.
H. 4932 -- Reps. Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. BENJAMIN JAMES SANDERS, JR., OF GREENWOOD COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4940 -- Reps. Kinon and G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ALFRED CHESTER McGINNIS, SR., REPRESENTATIVE FROM DISTRICT 36 IN SPARTANBURG COUNTY, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A MEMBER OF THE UNITED STATES MARINES AND OF THE SOUTH CAROLINA ARMY NATIONAL GUARD FROM WHICH HE IS RETIRING WITH THE RANK OF BRIGADIER GENERAL.
H. 4942 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF KINGSTREE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
H. 4943 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND WILLIAMSBURG COUNTY TECHNICAL COLLEGE, AND ITS STAFF UNDER THE LEADERSHIP OF PRESIDENT JOHN WYNN FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
H. 4944 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND SHERIFF THEODORE MCFARLIN AND THE MEMBERS OF THE WILLIAMSBURG COUNTY SHERIFF'S DEPARTMENT FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
At 12:35 P.M. the House in accordance with the motion of Rep. BURCH adjourned in memory of Leon Funderburk, outstanding citizen of Chesterfield County, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:21 P.M.