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, we come again into Your presence to invoke Your wisdom and guidance. We ask only for light enough for the next step, knowledge enough for the present duty, and wisdom enough for every decision. Teach us that the world's best tranquilizer is the certainty of work well done. Give us Your help in such a measure that we may be a mighty army whose armor is the shield of Your truth and whose sword is the might of Your presence, against which the spears of evil shall never prevail.
To You, O Lord, we lift our unending praise and thanksgiving. 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., April 25, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 536:
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
Very respectfully,
President
No. 114
Received as information.
The following was received.
Columbia, S.C., April 25, 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. 911:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
April 24, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4833, R-512, an Act:
TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.
This veto is based upon an opinion of the Attorney General's Office, dated February 5, 1990, which was requested for H. 4287, R-330, a Bill also relating to the Lexington County Recreation Commission. The Attorney General's opinion noted:
"... H. 4287, R-330 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4287, R-330, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
February 5, 1990
Mark R. Elam
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of February 1, 1990, you have asked for the opinion of this office as to the constitutionality of H. 4287, R-330, an act eliminating the restriction as to length of tenure of members of the Lexington County Recreation Commission. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The act bearing ratification number 330 of 1990 amends Act 1201 of 1968, as last amended by Act 617 of 1980 relative to the Lexington County Recreation Commission. The amendment removes the limitation formerly imposed on members of the Commission that they serve no more than two consecutive five-year terms. By the Terms of Section 2 of Act 1201 of 1968, it is clear that the area encompassed by this district is "the entire territory of Lexington County not embraced within the municipal limits of any incorporated city or town." Thus, H. 4287, R-330 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4287, R-330 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that H. 4287, R-330 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Derrick Felder Klapman
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
April 24, 1990
Mr. Speakers and Members of the House:
I am hereby returning without my approval H. 4895, R-516, an Act:
TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
This veto is based upon an opinion of the Attorney General's Office, dated April 23, 1990, which states in concluding:
"... H. 4895, R-516 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted.' Acts similar to H. 4895, R-516, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
"In addition, Article III, Section 34(IX) provides that 'where a general law can be made applicable, no special law shall be enacted[.]' A general law presently exists whereby the service area of special purpose districts in existence on March 7, 1973, may be increased by action of the appropriate county council. See Section 6-11-410 et seq. of the South Carolina Code of Laws. Act No. 549 of 1973 was approved by the Governor and took effect on February 15, 1973. Thus, it would appear that H. 4895, R-516, is a special law where a general law is already applicable."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
April 23, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of April 19, 1990, you have asked for the opinion of this Office as to the constitutionality of H. 4895, R-516, an act enlarging the service area of Broadway Water and Sewerage District in Anderson County. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
This act amends Act No. 549, 1973 Acts and Joint Resolutions, to enlarge the service area of Broadway Water and Sewerage District. A review of the new act and also Section 2 of Act No. 549 of 1973 reveals that apparently the entire district is located within Anderson County. Thus, H. 4895, R-516 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4895, R-516 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
In addition, Article III, Section 34 (IX) provides that "where a general law can be made applicable, no special law shall be enacted[.]" A general law presently exists whereby the service area of special purpose districts in existence on March 7, 1973 may be increased by action of the appropriate county council. See Section 6-11-410 et seq. of the South Carolina Code of Laws. Act No. 549 of 1973 was approved by the Governor and took effect on February 15, 1973. Thus, it would appear that H. 4895, R-516 is a special law where a general law is already applicable.
Based on the foregoing, we would advise that H. 4895, R-516 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Chamblee Cooper Kay Tucker
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., April 25, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3129:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
and asks for a Committee of Conference and has appointed Senators Saleeby, Hinds and Long of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 073
Whereupon, the Chair appointed Reps. McLELLAN, R. BROWN and MAPPUS 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 from the Senate.
Columbia, S.C., April 25, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that refuses to concur in the amendments proposed by the House to S. 515:
S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.
Very respectfully,
President
On motion of Rep. McABEE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. McABEE, FARR and GENTRY 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 from the Senate.
Columbia, S.C., April 25, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 467:
S. 467 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.
Very respectfully,
President
On motion of Rep. BENNETT, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. RHOAD, BENNETT and K. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4268 -- Reps. Clyborne, D. Martin, White and McGinnis: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, 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.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: A BILL TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1499 -- Finance Committee: A BILL TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4964 -- Rep. Kirsh: A CONCURRENT RESOLUTION REQUESTING THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATIONS, TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM ARE AUTHORIZED PER DIEM, MILEAGE, AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1990 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION CONDUCTED AFTER 1990.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1477 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION TO INFORM THE SOUTH CAROLINA CONGRESSIONAL DELEGATION OF SOUTH CAROLINA'S CONCERN REGARDING THE URGENCY TO INTRODUCE AND SUPPORT LEGISLATION IMPLEMENTING THE NECESSARY FEDERAL PROGRAMS TO SAVE AND RESTORE FOLLY ISLAND AND FOLLY BEACH AND REPAIR THE DAMAGE CAUSED BY JETTIES.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1505 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4640 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4747 -- Reps. Harvin and Blackwell: A BILL TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4853 -- Reps. Corbett, Altman, G. Bailey, Baker, Barber, Barfield, Baxley, Blackwell, Boan, G. Brown, H. Brown, Bruce, T.M. Burriss, Clyborne, Cole, Cork, Corning, Davenport, Elliott, Fair, Gentry, Hallman, Harrison, Haskins, Huff, Jaskwhich, Keegan, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McCain, McGinnis, Moss, Neilson, Quinn, Rama, Rhoad, Simpson, Sturkie, Vaughn, Waites, Waldrop, Wells, Wofford, Wright, Harwell and Kinon: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4926 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 IN TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA TAX PROCEDURES ACT AND BY ADDING SECTIONS 12-31-290, 12-51-155, 12-54-25, AND 12-54-85 SO AS TO PROVIDE FOR PENALTIES FOR FAILING TO COMPLY WITH REGISTRATION CARD REQUIREMENTS FOR PURPOSES OF THE ROAD TAX ON MOTOR CARRIERS, TO PROVIDE THAT TAX SALES OF REAL PROPERTY ON WHICH TAXES HAVE BEEN REGULARLY PAID ARE VOID, TO PROVIDE FOR THE PAYMENT OF INTEREST ON UNDERPAYMENTS AND REFUNDS OF TAXES, AND TO PROVIDE FOR STATUTES OF LIMITATIONS ON ASSESSMENTS AND CLAIMS FOR REFUND; TO AMEND SECTION 12-3-140, AS AMENDED, RELATING TO POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO ALLOW THE COMMISSION TO COMPROMISE STATE TAXES, INTEREST, OR PENALTIES AND TO ENTER INTO BINDING WRITTEN AGREEMENTS WITH RESPECT TO STATE TAXES; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO ADJUST THE CALCULATION OF THE INDEX OF TAXPAYING ABILITY FOR A SCHOOL DISTRICT TO REFLECT FOR UNDERPAYMENTS OF DISTRIBUTIONS BECAUSE OF PROPERTY TAX APPEALS; AND TO REPEAL SECTIONS 12-1-80, 12-1-100, 12-1-130, 12-1-213, CHAPTER 5, 12-7-620, 12-7-630, 12-7-1650, 12-7-1670, 12-7-2000, 12-7-2210, 12-7-2220, 12-7-2240, 12-7-2300, 12-7-2310, 12-7-2440, 12-7-2510, 12-7-2710, 12-7-2720, 12-7-2730, 12-7-2740, 12-7-2750, 12-7-2760, 12-7-2780, 12-9-400, 12-9-810, 12-9-820, 12-9-830, 12-9-840, 12-9-850, 12-15-570, 12-15-720, ARTICLES 11, 15, AND 17 OF CHAPTER 15, 12-15-1510, 12-15-1610, 12-16-1130, 12-16-1310, 12-16-1320, 12-16-1330, 12-16-1340, 12-16-1350, 12-16-1360, 12-16-1920, 12-16-1930, 12-16-1940, 12-17-220, 12-17-230, 12-19-60, 12-19-160, 12-21-160, 12-21-470, 12-21-700, 12-21-710, 12-21-2080, 12-21-2480, 12-21-2560, 12-21-2570, 12-21-2840, 12-21-2850, 12-21-3020, 12-21-3030, 12-21-3040, 12-21-3050, 12-21-3060, 12-21-3090, 12-21-3100, 12-21-3110, 12-21-3120, 12-21-3130, 12-23-70, 12-23-80, 12-23-100, 12-23-110, 12-27-50, 12-27-150, 12-27-310, 12-27-340, 12-27-580, 12-27-820, 12-29-140, 12-29-420, 12-29-430, ARTICLE 7 OF CHAPTER 29, 12-31-460, 12-31-470, 12-31-480, ARTICLE 7 OF CHAPTER 31, 12-35-640, 12-35-1220, 12-35-1270, 12-35-1280, 12-35-1290, 12-35-1300, 12-35-1310, 12-35-1320, 12-35-1330, 12-35-1340, 12-35-1350, 12-35-1360, 12-35-1370, 12-35-1380, 12-35-1390, 12-35-1400, 12-35-1410, 12-35-1420, 12-35-1430, 12-35-1440, 12-35-1460, 12-35-1480, 12-35-1490, 12-35-1500, 12-35-1510, 12-35-1520, 12-35-1530, CHAPTER 47, 12-54-20, AND 12-54-30, ALL OF TITLE 12 OF THE 1976 CODE AND ALL RELATING TO TAX PROCEDURES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1522 -- Finance Committee: A BILL TO AMEND CHAPTER 119 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 7 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.
On motion of Rep. WINSTEAD, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that H. 4584 be read the third time tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5053 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO NAME THE S.C. 9 BRIDGE CROSSING THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "SENATOR ROGER C. SCOTT MEMORIAL BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
On motion of Rep. KINON, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
H. 5053 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO NAME THE S.C. 9 BRIDGE CROSSING THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "SENATOR ROGER C. SCOTT MEMORIAL BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. KINON, with unanimous consent, it was ordered that H. 5053 be read the third time tomorrow.
The following was introduced:
H. 5065 -- Reps. Carnell, Phillips, Altman, G. Bailey, K. Bailey, Baker, Baxley, Bennett, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Cooper, Corbett, Davenport, Farr, Felder, Ferguson, Gordon, Gregory, J. Harris, P. Harris, Harvin, Harwell, Holt, J.C. Johnson, Kay, Kinon, Kohn, D. Martin, McAbee, McKay, McLeod, Moss, Neilson, Rhoad, Rudnick, Sharpe, Smith, Snow, Stoddard, Taylor, Townsend, Waldrop, Washington, White, Wilder and Wilkes: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4577, RELATING TO CAPITAL IMPROVEMENT BONDS FOR AIRPORT IMPROVEMENTS, FOR SECOND READING OR OTHER CONSIDERATION ON TUESDAY, MAY 8, 1990, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4577 UNTIL SECOND READING OR OTHER DISPOSITION.
The Resolution was ordered referred to the Committee on Rules.
The Senate sent to the House the following:
S. 1563 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACHIEVEMENTS 0-BY WANDA L. WIGGINS OF BAMBERG-EHRHARDT HIGH SCHOOL AS A STUDENT LEADER AND SUPERB STUDENT ATHLETE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1569 -- Senators Lourie, Giese, Courson and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND ENCOURAGE THE MENTAL HEALTH ASSOCIATION IN MID-CAROLINA, IN CONJUNCTION WITH THE NATIONAL MENTAL HEALTH ASSOCIATION AND ITS AFFILIATED CHAPTERS AND DIVISIONS NATIONWIDE, AS THEY ENDEAVOR TO EDUCATE THE CITIZENS OF THIS COMMUNITY, STATE, AND NATION ON THE IMPORTANCE OF A CHILD-CENTERED, FAMILY-FOCUSED, AND COMMUNITY-BASED MENTAL HEALTH SERVICE SYSTEM.
Whereas, there are seven and one-half to nine and one-half million children in this nation and an estimated thirteen thousand, seven hundred forty-five to twenty-two thousand, nine hundred eight children in Richland and Lexington Counties with mental or emotional problems; and
Whereas, research has been accumulating over several decades indicating that mental health services that are based in the communities, that involve the family at every level of decision making, and that wrap around each individual's needs, represent the most effective approach to treating children's mental health problems; and
Whereas, there are increasing numbers of public mental health service providers that advocate this kind of mental health service system; and
Whereas, there are relatively few people in the community who are aware of the need for this kind of mental health service system. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize and encourage the Mental Health Association in Mid-Carolina, in conjunction with the National Mental Health Association and its affiliated chapters and divisions nationwide, as they endeavor to educate the citizens of this community, state, and nation on the importance of a child-centered, family-focused, and community-based mental health service system.
Be it further resolved that a copy of this resolution be forwarded to the Mental Health Association in Mid-Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5066 -- Rep. Harvin: A BILL TO AMEND SECTION 38-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A ONE PERCENT TAX ON FIRE INSURANCE PREMIUMS TO COVER THE EXPENSES OF CERTAIN FIRE INSPECTIONS AND INVESTIGATIONS, SO AS TO PROVIDE THAT THE MONIES COLLECTED PURSUANT TO THIS SECTION MUST BE USED TO FUND THE SOUTH CAROLINA FIRE ACADEMY AS THE GENERAL ASSEMBLY PROVIDES.
Referred to Committee on Ways and Means.
H. 5067 -- Reps. Boan and Hodges: A BILL TO AMEND ACT 777 OF 1988, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A STATEMENT OF CANDIDACY FOR ELECTION TO THE DISTRICT BOARD MUST BE FILED NO LATER THAN THE FIRST DAY OF SEPTEMBER PRECEDING THE ELECTION RATHER THAN FORTY-FIVE DAYS BEFORE THE ELECTION AND TO PROVIDE THAT WHEN SEPTEMBER FIRST IS A SUNDAY, THE STATEMENT MUST BE FILED BY NOON OF THE FOLLOWING MONDAY.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
Referred to Committee on Education and Public Works.
S. 906 -- Senators Courson, Lourie, Wilson, Shealy, Giese, Patterson and Setzler: A JOINT RESOLUTION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 20 TO INTERSTATE 26 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.
Referred to Committee on Education and Public Works.
S. 966 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-240, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT A PILOT PROGRAM FOR DENTAL HEALTH EDUCATION, SCREENING, AND TREATMENT REFERRAL IN THE PUBLIC SCHOOLS FOR CHILDREN IN KINDERGARTEN THROUGH SEVENTH GRADE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1374 -- Senator Drummond: A BILL TO AMEND SECTION 48-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.
Referred to Committee on Ways and Means.
S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Referred to Committee on Ways and Means.
S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.
Referred to Committee on Judiciary.
S. 1463 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 50-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE FROM THE DEFINITION OF A MARINE DEALER THE REQUIREMENT OF SELLING A MINIMUM OF TWENTY WATERCRAFT OR OUTBOARD MOTORS A YEAR.
Referred to Committee on Ways and Means.
S. 1471 -- Senators Bryan, Hayes, Peeler and Fielding: 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.
On motion of Rep. MOSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1533 -- Senator Peeler: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING APPROVED CHILD SUPPORT PLANS, SO AS TO PROVIDE THAT WHEN A FAMILY CEASES RECEIVING PUBLIC ASSISTANCE WHEN AN ASSIGNMENT HAS BEEN MADE IT CONVERTS TO A NONPUBLIC ASSISTANCE ASSIGNMENT AND THE RECIPIENT MAY SUBMIT A WRITTEN REQUEST TO HAVE THE ASSIGNMENT TERMINATED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1547 -- Senator Drummond: A BILL TO AMEND SECTION 11-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OR COMMISSIONS REQUIRED TO REMIT REVENUES TO THE STATE TREASURER TO EQUAL OR EXCEED APPROPRIATIONS, SO AS TO ELIMINATE THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION FROM THE PROVISIONS OF THE SECTION.
Rep. McABEE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Ways and Means.
S. 1562 -- Senators Long, Drummond, Land and Leatherman: A JOINT RESOLUTION TO EXTEND THE PERIOD WHEN WHITE PERCH MAY BE SOLD FROM MAY 1 THROUGH MAY 31 FOR THE YEAR 1990 ONLY.
On motion of Rep. BARFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that S. 1562 be read the second time tomorrow.
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 Foster Gentry Glover Gordon Gregory 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 Koon Lanford Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Williams, D. Winstead Wofford
I came in after the roll call and was present for the Session on Thursday, April 26, 1990.
Rick Quinn C. Lenoir Sturkie Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Reps. WILDER, HALLMAN, MANLY, HUFF and TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. WRIGHT a leave of absence for the day due to business reasons.
The SPEAKER granted Reps. RHOAD, RUDNICK, SNOW and R. BROWN a leave of absence for the remainder of the day.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 25.
Rep. BLACKWELL moved that when the House adjourns it adjourn in sympathy for colleague Harry M. Hallman, which was agreed to.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1529 -- Senators Hayes, Hinson and Peeler: 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.
S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
S. 919 -- Senators Courson, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2193 SO AS TO PROVIDE FOR NOTIFICATION OF A SCHOOL'S PRINCIPAL WHEN THE SCHOOL IS ATTENDED BY A PERSON TWENTY-ONE YEARS OF AGE OR YOUNGER COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES FOLLOWING CONVICTION OR ADJUDICATION OF DELINQUENCY FOR A VIOLENT CRIME.
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.
S. 1256 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF COSMETOLOGY, RELATING TO LICENSURE AND OPERATION OF COSMETOLOGY, MANICURE AND ESTHETICS SALONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1318 -- Senator Williams: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO REVISE WHAT THE ARTICLES MUST SET FORTH; TO AMEND SECTION 33-4-101, RELATING TO CORPORATE NAMES, SO AS TO FURTHER PROVIDE FOR THOSE THINGS FROM WHICH A CORPORATE NAME MUST BE DISTINGUISHABLE AND FOR THE EXCEPTIONS TO THESE CORPORATE NAME REQUIREMENTS; TO AMEND SECTION 33-8-310, RELATING TO DIRECTOR OR OFFICER CONFLICTS OF INTEREST, SO AS TO FURTHER PROVIDE FOR THOSE SITUATIONS WHERE A CONFLICT OF INTEREST TRANSACTION IS NOT VOIDABLE BY THE CORPORATION; TO AMEND SECTION 33-15-103, RELATING TO AN APPLICATION BY A FOREIGN CORPORATION FOR A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO REVISE WHAT THE APPLICATION MUST SET FORTH; TO AMEND ARTICLE 7, CHAPTER 19 OF TITLE 33, RELATING TO MISCELLANEOUS REGULATORY PROVISIONS, SO AS TO DELETE CERTAIN REQUIREMENTS FOR DOMESTIC AND FOREIGN PROFESSIONAL CORPORATIONS TO DO BUSINESS IN THIS STATE AND TO DELETE THE REQUIREMENT THAT ANNUAL QUALIFICATION STATEMENTS MUST BE FILED; TO AMEND SECTION 33-20-105, RELATING TO SAVINGS PROVISIONS IN THE CORPORATE CODE, SO AS TO FURTHER PROVIDE FOR THESE SAVINGS PROVISIONS; TO AMEND SECTION 35-2-104, RELATING TO THE DEFINITION OF AN "ISSUING PUBLIC CORPORATION" FOR PURPOSES OF CONTROL SHARE ACQUISITION PROVISIONS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 35-2-213, RELATING TO THE DEFINITION OF "RESIDENT DOMESTIC CORPORATION" FOR PURPOSES OF BUSINESS COMBINATION PROVISIONS, SO AS TO REVISE THIS DEFINITION; AND TO AMEND SECTION 35-2-224, RELATING TO THE APPLICABILITY OF BUSINESS COMBINATION PROVISIONS TO FOREIGN CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY.
S. 931 -- Senators McLeod, Lourie, Nell W. Smith, Mullinax and Hinson: A BILL TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND EXPLOITATION AND SECTION 43-30-100, RELATING TO PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING AND EXPLOITING A CLIENT OR PATIENT.
S. 1166 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.
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.
S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 5061 -- Rep. Kinon: A BILL TO DESIGNATE A ROAD IN DILLON COUNTY AS "JUNE SCOTT BOULEVARD".
On motion of Rep. KINON, with unanimous consent, it was ordered that H. 5061 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
H. 5010 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5011 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO TRAFFIC, PARKING, AND REGISTRATION OF MOTOR VEHICLES, COLUMBIA CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5012 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO INCREASE SPEED LIMIT AT THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1201, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5014 -- Reps. J. Bailey and Sheheen: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
H. 5017 -- Rep. Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.
H. 3237 -- Rep. Limehouse: A BILL TO AMEND SECTION 40-6-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF AN AUCTIONEER'S LICENSE, SO AS TO ADD AS A GROUND CONVICTION OF A FELONY.
H. 3930 -- Reps. Whipper, Barber, Washington, Wilkes, Mappus, D. Martin, Winstead and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 4815 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ARCHITECTURAL-ENGINEERING OR LAND SURVEYING CONTRACTS, SO AS TO CLARIFY THE PROVISIONS GOVERNING THE NEGOTIATION AND AWARD OF SMALL CONTRACTS.
H. 4850 -- Rep. Baxley: A BILL TO AMEND TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS AND AGENTS BY ADDING CHAPTER 4 SO AS TO PROVIDE FOR CERTAIN REGULATION OF CONTRACTS FOR PRINT OR MEDIA ADVERTISING.
H. 4879 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.
H. 4645 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.
H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.
H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: A BILL TO AMEND SECTION 24-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITNESSES AT AN EXECUTION UNDER THE DIRECTION OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, SO AS TO REVISE THE PROVISIONS PERTAINING TO WHO MAY SERVE AS A WITNESS, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROHIBIT AUDIO RECORDERS, CAMERAS, AND RECORDING DEVICES IN THE CAPITAL PUNISHMENT FACILITY DURING AN EXECUTION.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5062 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ANTHONY BOYERT OF RAVENEL AND A MEMBER OF THE ST. PAUL'S FIRE DEPARTMENT, UPON HIS TRAGIC DEATH WHILE FIGHTING A FIRE AT THE RAVENEL TOWN HALL.
H. 5063 -- Reps. L. Martin, Hendricks, Simpson, M.O. Alexander, T.C. Alexander, Baker, Blackwell, Bruce, Chamblee, Clyborne, Cole, Cooper, Davenport, Fair, Fant, Ferguson, P. Harris, Haskins, Jaskwhich, Kay, Lanford, Littlejohn, Manly, Mattos, McGinnis, McLellan, Townsend, Tucker, Vaughn, Wells and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLUE RIDGE ELECTRIC COOPERATIVE, INC., ON THEIR FIFTIETH ANNIVERSARY OF SERVICE TO THEIR CUSTOMERS.
At 10:25 A.M. the House in accordance with the motion of Rep. BLACKWELL adjourned in sympathy for colleague Harry M. Hallman to meet at 10:00 A.M. tomorrow.
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