South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

TUESDAY, APRIL 17, 1990

Tuesday, April 17, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by Rep. WASHINGTON.

Almighty and eternal God, as we pause in these moments of prayer, we ask that You make us ready for the duties of this new day by bringing us closer to You. Renew our faith, renew our hope, replenish our understanding that we may do great things for our great state and nation. Fill our minds with wisdom and understanding and our hearts with compassion that we may think clearly, choose wisely and act nobly for the maximum welfare of our South Carolina. We pray, Lord God, that Thou would touch each individual present, each legislator, each employee of this House. Make us mindful, Lord God, of our responsibility to mankind, and the uplifting of Your kingdom. Thank you Lord for this privilege of prayer that we offer in dependence upon Almighty God and in praise of His holy name.

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 Thursday, the SPEAKER ordered it confirmed.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1254
Promulgated By Workers' Compensation Commission
Workers' Compensation
Received by Speaker April 12, 1990
Referred to House Committee on Judiciary
120 day expiration date August 10, 1990

Document No. 1265
Promulgated By Board of Nursing
Definition of Terms Applying to Private Nursing Practice for Registered Nurses
Received by Speaker April 12, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date August 10, 1990

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

Document No. 1067
Promulgated By Department of Health and Environmental Control
Air Pollution Control Regulations and Standards
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Withdrawn and Resubmitted April 12, 1990
Revised Expiration Date May 2, 1990

Document No. 1242
Promulgated By Wildlife and Marine Resources Department
Hunt Units and Wildlife Management Area Regulations
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date July 12, 1990
Withdrawn and Resubmitted April 12, 1990

Document No. 1159
Promulgated By Department of Agriculture
Noxious Weed
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date June 7, 1990
Withdrawn and Resubmitted April 17, 1990

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 12, 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 H. 4591:
H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE TO RATIFY--NOT ACCEPTED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 17, 1990

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

The invitation to ratify acts was not accepted and a message was ordered sent accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 5039 -- Rep. Beasley: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF EDUCATION TO REVIEW THE CURRICULUM IT HAS DEVELOPED IN REGARD TO THE TEACHING OF HIGHER ORDER THINKING AND PROBLEM SOLVING SKILLS TO INSURE THAT THIS CURRICULUM COMES WITHIN THE MANDATE OF THE TARGET 2000 ACT.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5040 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS AND FORMER MEMBERS OF THE AIRBORNE FORCES OF THE UNITED STATES UPON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE ESTABLISHMENT OF THE AIRBORNE AND TO COMMEND THESE OUTSTANDING AMERICANS BOTH ALIVE AND DECEASED FOR THEIR CONTRIBUTIONS IN PROTECTING THE FREEDOM OF THE UNITED STATES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of the Aiken Delegation, with unanimous consent, the following was taken up for immediate consideration:

S. 1535 -- Senators McGill and Moore: A CONCURRENT RESOLUTION TO DESIGNATE SEPTEMBER 3, 1990, AS "JUST SAY NO TO DRUGS DAY" IN SOUTH CAROLINA AND TO ENCOURAGE ALL YOUTH AND THEIR PARENTS TO STAND TOGETHER AND PROMISE TO LABOR TOGETHER TO REMAIN "DRUG FREE".

Whereas, there is a continuing important battle against drug and alcohol abuse at the community, state, and national levels; and

Whereas, the problem of drug and alcohol abuse confronting our State has attacked our citizens with hostility, numbed their minds, invaded their bodies and taken their lives, infected countless homes and institutions, attacked ethical values, endangered the national security of our great nation, and threatens the ultimate destruction and enslavement of our citizens; and

Whereas, South Carolina's citizens must be educated about the terrible hazards and disastrous effects of drug and alcohol use; and

Whereas, to "Just Say No" is important for all South Carolinians to remember. Now therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly designate September 3, 1990, as "Just Say No To Drugs Day" in South Carolina and encourage and invite all citizens, community organizations, and local governments to observe the day with appropriate activities.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1536 -- Senator Waddell: A CONCURRENT RESOLUTION HONORING GIRL SCOUT LEADERS FOR THEIR CONTRIBUTIONS TOWARD IMPARTING TO THE YOUNG WOMEN OF SOUTH CAROLINA KNOWLEDGE, SKILLS, SELF RESPECT, RESPECT FOR OTHERS, RESPONSIBILITY, AND SOUND MORAL VALUES AS GIRL SCOUT LEADERS' DAY IS CELEBRATED ON APRIL 22, 1990.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. SNOW asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. BAXLEY objected.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 1039 -- Senators Mullinax and O'Dell: A BILL TO AMEND SECTION 40-79-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO DELETE THE PROVISIONS ALLOWING WORK EXPERIENCE TO SATISFY THE REQUIREMENTS.

Referred to Committee on Labor, Commerce and Industry.

S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.

Referred to Committee on Education and Public Works.

S. 1400 -- Senator Drummond: A BILL TO AMEND SECTIONS 40-7-230 AND 40-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS, SO AS TO PROVIDE THAT EACH REGISTERED BARBER AND APPRENTICE SHALL RENEW HIS CERTIFICATE ANNUALLY AND TO EXEMPT COSMETOLOGISTS FROM LICENSURE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-125 SO AS TO ALLOW A LICENSED COSMETOLOGIST TO OBTAIN A CERTIFICATE OF REGISTRATION AS A MASTER HAIR CARE SPECIALIST.

Referred to Committee on Labor, Commerce and Industry.

S. 1401 -- Senator Drummond: A BILL TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.

Referred to Committee on Labor, Commerce and Industry.

S. 1514 -- Senators Setzler, Hayes and Moore: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT SCHOOL BUS TRANSPORTATION STUDY COMMITTEE SHALL SELECT UP TO SIX PILOT PROJECTS AUTHORIZED PURSUANT TO THE PROVISIONS OF PART III, ACT 189 OF 1989 BY APRIL 15, 1990.

On motion of Rep. WINSTEAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1515 -- Senator Williams: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO APPOINT A CLERK FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION, SO AS TO CLARIFY THAT THE AUTHORITY TO APPOINT A CLERK IS VESTED IN THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION RATHER THAN IN THE COMMISSIONERS OF ELECTION.

Referred to Committee on Judiciary.

MOTION ADOPTED

Reps. T.C. ALEXANDER and McLELLAN moved that when the House adjourns, it adjourn in memory of T.V. Derrick, former mayor and outstanding citizen of Walhalla, which was agreed to.

SILENT PRAYER

On motion of Rep. KLAPMAN, the House stood in silent prayer in memory of Mrs. Bradley Morrah, Jr. of Greenville.

CONCURRENT RESOLUTION

The following was introduced:

H. 5041 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. ELIJAH BUDDY FREEMAN OF JOHNS ISLAND, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5042 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE DAVID S. RHAME OF BISHOPVILLE IN LEE COUNTY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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.
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Brown, G.              Brown, H.
Brown, J.              Bruce                  Burriss, M.D.
Carnell                Chamblee               Cooper
Corbett                Corning                Davenport
Faber                  Fair                   Fant
Farr                   Foster                 Glover
Gordon                 Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Kohn                   Koon
Lanford                Littlejohn             Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McElveen               McGinnis               McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  White                  Wilder
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 17, 1990.

D.M. McEachin                     Holly A. Cork
Paul Derrick                      Richard M. Quinn
J.B. Williams                     Irene Rudnick
Robert B. Brown                   Dick Elliott
Paul M. Burch                     Larry Gentry
T. Limehouse                      William D. Boan
Alex Harvin, III                  Jackson V. Gregory
Derham Cole
Total Present--114

LEAVES OF ABSENCE

The SPEAKER granted Rep. MANLY a leave of absence for the week to visit the Strategic Air Command Headquarters in Nebraska.

The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 5016 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Short: A BILL TO AMEND ACT 292 OF 1987, AS AMENDED, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THIS AUTHORIZED MILLAGE; AND TO INCREASE THE AMOUNT OF MILLAGE WHICH THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN YORK COUNTY MAY LEVY OVER THAT OF THE PREVIOUS YEAR WITHOUT APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM.

H. 5021 -- Rep. Gordon: A BILL TO AMEND SECTION 7-7-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.

S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 518--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 18, which was adopted.

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.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3873 -- Reps. Wilkins and Clyborne: A BILL TO REQUIRE MEMBERS OF STATE BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS TO ATTEND A MINIMUM NUMBER OF MEETINGS ANNUALLY, TO PROVIDE THAT FAILURE TO ATTEND THE REQUISITE NUMBER OF MEETINGS CONSTITUTES PERSISTENT NEGLECT OF DUTY FOR PURPOSES OF SECTION 1-3-240 OF THE 1976 CODE OF LAWS, AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

H. 4572--AMENDED AND OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. McLEOD having the floor.

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.

AMENDMENT NO. 4--ADOPTED

Debate was resumed on Amendment No. 4, which was proposed on Thursday, April 12, by Reps. McLEOD, McGINNIS, KEEGAN, JASKWHICH and BLANDING.

Rep. McLEOD continued speaking.

Rep. WILKINS spoke against the amendment and moved to table the amendment.

Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:

Yeas 36; Nays 65

Those who voted in the affirmative are:

Barber                 Beasley                Bennett
Blackwell              Faber                  Fant
Foster                 Glover                 Hayes
Hendricks              Hodges                 Holt
Johnson, J.W.          Keesley                Keyserling
Mappus                 Martin, D.             McBride
McLellan               McTeer                 Nesbitt
Nettles                Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Smith                  Taylor
Waites                 Washington             Whipper
White                  Wilder                 Wilkins

Total--36

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Blanding
Brown, G.              Brown, H.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Fair                   Farr
Gordon                 Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Huff                   Jaskwhich
Johnson, J.C.          Kay                    Keegan
Kinon                  Kirsh                  Klapman
Koon                   Limehouse              Littlejohn
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McGinnis
McLeod                 Moss                   Neilson
Phillips               Rama                   Simpson
Sturkie                Tucker                 Vaughn
Waldrop                Wells                  Winstead
Wofford                Wright

Total--65

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

RECORD FOR VOTING

I voted to table Amendment No. 4 because I understood that it was unconstitutional and would jeopardize the entire Bill and the ability of the State to prosecute Drug Kingpins.
Rep. CANDY WAITES

RECORD FOR VOTING

I voted "no" on Amendment No. 4 to give the death penalty to Drug Kingpins because the Chairman of the Judiciary Committee stated unequivocally that it is unconstitutional to have a death penalty when no murder has been committed, and that to pass such an amendment would jeopardize the "Kingpin" Bill.
Rep. KEYSERLING

Rep. RUDNICK proposed the following Amendment No. 5 (Doc. No. 1185o).

Amend the bill, as and if amended, in Section 44-53-476 of the 1976 Code, as contained in SECTION 1, by striking the second, third, and fourth sentences of the first paragraph of the section and the second paragraph of the section and inserting:

/A person who is a "leader of a narcotics trafficking network" is guilty of a felony and, upon conviction, must be punished by a sentence of death, which sentence must be reviewed by the Supreme Court as provided in Section 16-3-25 in the same manner other death sentences are reviewed, except that a death must have occurred./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HAYES spoke against the amendment.

Reps. FANT, GLOVER, and FABER objected to the Bill.

H. 4729--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 18, which was adopted.

H. 4729 -- Rep. Gentry: A BILL TO AMEND SECTION 8-21-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALARIES OF PROBATE JUDGES, SO AS TO PROVIDE THAT THE ANNUAL COST OF LIVING INCREASE OF A PROBATE JUDGE OF A COUNTY MUST EITHER BE THE COST OF LIVING INCREASE GIVEN TO STATE EMPLOYEES IN THE PREVIOUS FISCAL YEAR OR THE INCREASE PROVIDED TO EMPLOYEES OF THAT COUNTY DURING THE CURRENT YEAR, WHICHEVER IS GREATER.

H. 4388--AMENDED AND OBJECTIONS

The following Bill was taken up.

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0285l), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words, and inserting the following language:

/"Section 58-23-1210 of the 1976 Code of Laws is amended to read as follows: A county governing body by ordinance may require the licensing of taxis operating within its jurisdiction and may set such fees and requirements as it deems appropriate which are consistent with this Article."/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. GORDON moved to table the amendment, which was not agreed to by a division vote of 24 to 48.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. L. MARTIN proposed the following Amendment No. 2 (Doc. No. 1224o).

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:

"Section 58-23-1215. Taxis are only required to be registered and licensed, including the payment of required license fees, with the governing body of the County and Municipality where the taxi is principally operated. The owner shall declare the political subdivision where the taxi is principally operated at the time of application for a license."/

Renumber sections to conform.

Amend title to conform.

Rep. L. MARTIN explained the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. WHIPPER and WASHINGTON a leave of absence for the remainder of the day.

Reps. GORDON and WALDROP objected to the Bill.

H. 4825--OBJECTIONS

The following Bill was taken up.

H. 4825 -- Reps. Davenport and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-242 SO AS TO PROVIDE THAT THE REQUIREMENTS FOR THE CONTINUING EDUCATION OF COSMETOLOGISTS MUST BE DETERMINED BY THE BOARD OF COSMETOLOGY.

Reps. TAYLOR, TUCKER, P. HARRIS, KAY and T. ROGERS objected to the Bill.

H. 4522--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1118o), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3.     This act takes effect July 1, 1991./

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Rep. WALDROP moved to adjourn debate upon the Bill until Wednesday, April 18, which was adopted.

H. 4781--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4781 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1421X).

Amend the bill, as and if amended, in Section 12-36-70(1)(f) of the 1976 Code, as contained in SECTION 1, page 3, line 2, by inserting after /messages/ /between persons in this State/ so that when amended subitem (f) reads:

/(f)     selling or furnishing the ways or means for the transmission of the voice or of messages between persons in this State for a consideration. A person engaged in the business of selling or furnishing the ways or means for the transmission of the voice or messages as used in this subitem (f) is not considered a processor or manufacturer;/

Amend further in Section 12-36-1330(B), page 16, line 1, by striking /An invoice/ and inserting /A receipt/ so that when amended subsection (B) reads:

/(B)     A receipt from a retailer:

(1)     maintaining a place of business in this State, or

(2)     authorized by the commission to collect the use tax, is sufficient to relieve the purchaser from further liability for tax to which the receipt refers./

Amend title to conform.

Rep. KIRSH explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. KIRSH having the floor.

Rep. J.W. JOHNSON moved that the House do now adjourn.

Rep. JASKWHICH demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 53 to 25.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5040 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS AND FORMER MEMBERS OF THE AIRBORNE FORCES OF THE UNITED STATES UPON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE ESTABLISHMENT OF THE AIRBORNE AND TO COMMEND THESE OUTSTANDING AMERICANS BOTH ALIVE AND DECEASED FOR THEIR CONTRIBUTIONS IN PROTECTING THE FREEDOM OF THE UNITED STATES.

H. 5041 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. ELIJAH BUDDY FREEMAN OF JOHNS ISLAND, UPON HIS DEATH.

H. 5042 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE DAVID S. RHAME OF BISHOPVILLE IN LEE COUNTY.

ADJOURNMENT

At 12:50 P.M. the House in accordance with the motion of Reps. T.C. ALEXANDER and McCLELLAN adjourned in memory of T.V. Derrick, former Mayor and outstanding citizen of Walhalla to meet at 10:00 A.M. tomorrow.

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