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:
Almighty God, the Source of perfect love and unending compassion for Your children, let Your protection be upon us both in this place and as we travel. Sustain and undergird us that we may have a happy homecoming. We put our trust in You, O Lord, whose mercy is like the wideness of the sky above and Whose blessings are more numerous than the sands of the sea. Fill us with the knowledge of Your constant presence, then send us forth bearing the bread of human kindness and the red wine of sacrificial service.
To this alter of Your unbounded love we lift up the offering of humble and thankful hearts, 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.
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
Withdrawn and Resubmitted May 9, 1990
The following was received.
Columbia, S.C., May 9, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report having been adopted by both Houses on S. 946:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 131
Received as information.
The following was received.
Columbia, S.C., May 9, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-548, H. 5044 by a vote of 46 to 0:
(R548) H. 5044 -- Rep. Jaskwhich: AN ACT TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.
Very respectfully,
President
No. 056
Received as information.
The following was received.
Columbia, S.C., May 9, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-555, H. 4809 by a vote of 46 to 0:
(R555) H. 4809 -- Rep. Rhoad: AN ACT TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
Very respectfully,
President
No. 057
Received as information.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1281 -- Senator Moore: 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; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
Ordered for consideration tomorrow.
The Senate returned to the House with amendments the following:
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 Senate amendments were agreed to, and the Joint Resolution, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received from the Senate.
Columbia, S.C., May 9, 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 H. 4780 :
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.
Very respectfully,
President
On motion of Rep. BLACKWELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BLACKWELL, P. HARRIS, and VAUGHN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was taken up for immediate consideration:
H. 5091 -- Rep. Sheheen: A HOUSE RESOLUTION TO SET WEDNESDAY, MAY 16, 1990, AT 11:00 A.M. AS THE TIME FOR THE HOUSE OF REPRESENTATIVES TO ELECT TWO OF ITS MEMBERS TO THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE.
Be it resolved by the House of Representatives:
That 11:00 a.m. on Wednesday, May 16, 1990, is set as the time for the House of Representatives to elect two of its members to the Legislative Audit Council Nominating Committee.
The Resolution was adopted.
The following was introduced:
H. 5092 -- Reps. Barfield, M.O. Alexander, T.C. Alexander, Altman, J. Bailey, K. Bailey, Baxley, Beasley, Bennett, Blackwell, G. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Corbett, Cork, Davenport, Elliott, Fant, Farr, Felder, Gordon, Hallman, P. Harris, Haskins, Hayes, Hendricks, Holt, Huff, Jaskwhich, Kay, Keegan, Keyserling, Koon, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McGinnis, McKay, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, Sharpe, Simpson, Smith, Snow, Taylor, Tucker, Vaughn, Waldrop, Washington, Wells, Whipper, White, Wilkes, Wilkins, J. Williams and Wofford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE PARTICIPATION OF PRIVATE COMPANIES IN THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FEDERAL CROP INSURANCE CORPORATION PROGRAM, NOT TO ENACT PROVISIONS IN THE 1990 FARM BILL WHICH WOULD ABOLISH THE FEDERAL CROP SYSTEM AND THE LEASE AND TRANSFER SYSTEM OF TOBACCO ALLOTMENTS, AND NOT TO ENACT PROVISIONS OF H.R. 4077 WHICH WOULD DISMANTLE THE PRESENT STRUCTURE OF THE FARMERS HOME ADMINISTRATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5093 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION DESIGNATING THOMAS S. (TOM) LINTON AS CODE COMMISSIONER EMERITUS UPON HIS RETIREMENT.
Whereas, the General Assembly has recognized Thomas S. (Tom) Linton for his dedicated service to the General Assembly and to the people of South Carolina; and
Whereas, the General Assembly would like to honor him on his retirement on October 1, 1990, by designating him as Code Commissioner emeritus. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Thomas S. (Tom) Linton is hereby designated as Code Commissioner emeritus upon his retirement October 1, 1990.
Be it further resolved that a copy of this resolution be forwarded to Thomas S. (Tom) Linton.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 5094 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO SET WEDNESDAY, JUNE 6, 1990, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM OF OFFICE EXPIRED IN 1989.
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, June 6, 1990, at 12:00 noon for the purpose of electing a successor to the member of the Legislative Audit Council whose term of office expired in 1989.
Be it further resolved that any candidate receiving a majority of the votes cast in the election must be declared to be the winner of that election if a quorum is present whether or not a majority of the members of the combined houses vote. A majority of the votes cast is defined as fifty percent of the legal number of votes cast plus any fraction of a whole number in excess of fifty percent of the legal number of votes cast.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. BLACKWELL, with unanimous consent, the following was taken up for immediate consideration:
S. 1592 -- Senators Bryan and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 86 BEGINNING AT ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 20 IN GREENVILLE COUNTY AND CONTINUING INTO ANDERSON COUNTY TO THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 53 AND SOUTH CAROLINA HIGHWAY 86 AS "M. J. 'DOLLY' COOPER ROAD".
Whereas, Representative M. J. "Dolly" Cooper has announced his retirement from political service which began in the House of Representatives in 1975; and
Whereas, Representative Cooper has always been an outstanding spokesman for his people, and the members of the General Assembly desire to thank him on behalf of his constituents and all of the people of South Carolina for his many contributions to this State and especially the Piedmont; and
Whereas, the members of the General Assembly are pleased to have this opportunity to recognize Representative Cooper who has led the way in providing a better way of life to South Carolinians. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the Department of Highways and Public Transportation is requested to name South Carolina Highway 86 beginning at its intersection with South Carolina Highway 20 in Greenville County and continuing into Anderson County to the intersection of South Carolina Highway 53 and South Carolina Highway 86 as "M. J. 'Dolly' Cooper Road".
Be it further resolved that appropriate markers be erected to indicate this road.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1594 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SHARON A. MAXWELL OF WILLIAMSBURG COUNTY UPON BEING SELECTED THE OUTSTANDING MILITARY SCIENCE IV WOMAN CADET IN THE UNITED STATES ARMY FIRST REGION AND PRESENTED THE PALLAS ATHENE AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1596 -- Senator Mullinax: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MAY, 1990, AS PARLIAMENTARY MONTH.
Whereas, the practical application of parliamentary procedure is in the best interests of all deliberative assemblies in order to provide systematic, fair, and equal treatment of the rights of all citizens; and
Whereas, the South Carolina Association of Parliamentarians is dedicated to promoting the fundamental principles of recognizing the rights of all individuals and the conducting of business in an orderly fashion; and
Whereas, Henry Martyn Robert was born in the State of South Carolina on May 2, 1837; and
Whereas, Henry Martyn Robert is recognized as the authority on Parliamentary Law based on his observations, clarification, and standardization of Parliamentary Procedures for use by deliberative assemblies. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the month of May, 1990, is proclaimed as Parliamentary Month.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Parliamentarians.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1578 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
On motion of The Horry County Delegation, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. COOPER the House stood in Silent Prayer in memory of Bart Garrison.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Baxley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Elliott Faber Fair Farr Felder Ferguson Foster Glover Gordon Hallman Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 10, 1990.
George H. Bailey Jackson Gregory Dave C. Waldrop Ennis M. Fant John B. Williams Holly A. Cork Joseph McElveen William P. Keesley Timothy C. Wilkes Larry E. Gentry Jean L. Harris C. Lenoir Sturkie Larry L. Koon David M. Beasley Paul M. Burch Roland S. Corning Paul E. Short Kenneth E. Bailey Thomas E. Huff Thomas A. Limehouse C. Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. M.O. ALEXANDER a temporary leave of absence.
I was unable to be present for session on May 9th because of a urgent meeting related to Columbia Annexation.
Rep. RICK QUINN
Announcement was made that Doctors Karen Thomas and Rebecca White of Anderson are the Doctors of the Day for the General Assembly.
I was not in the House Chamber when Amendment No. 1 to H. 4926 was taken up on Wednesday May 9th. If I had been there I would have voted in the affirmative to table the amendment.
Rep. HARRIET H. KEYSERLING
The following Bills 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. 1585 -- Senators Williams and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.
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.
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.
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.
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.
S. 1575 -- Senator Russell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WARBIRDS, INC., IN SPARTANBURG COUNTY.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5085 -- Rep. McAbee: A BILL TO AMEND ACT 102 OF 1973, RELATING TO THE TAX COLLECTOR FOR MCCORMICK COUNTY, SO AS TO PROVIDE THAT THE COUNTY COUNCIL MAY APPOINT A PERSON OTHER THAN THE COUNTY TREASURER AS TAX COLLECTOR WITH THE CONSENT OF THE COUNTY TREASURER.
H. 5090 -- Reps. Koon and Derrick: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
H. 4972 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.
Rep. L. MARTIN explained the Bill.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 5085 be read the third time tomorrow.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that H. 5090 be read the third time tomorrow.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 4972 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 5004 -- Reps. Washington, McLellan, Winstead, Kirsh, H. Brown, Rama, D. Martin, Kohn, Wofford, J. Bailey, Hallman, Whipper, G. Bailey, Barber, Mappus, Limehouse, D. Williams and J. Williams: A JOINT RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.
Rep. McABEE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PERMANENT PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.
Rep. RUDNICK spoke against the Bill.
The Bill was read the third time, and ordered returned to the Senate with amendments.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
S. 1511 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION AND TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT OR PARENTS HAVE BEEN ARRESTED.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bill was taken up.
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.
Rep. WHIPPER withdrew her objection to the Bill.
The Bill was read the third time and ordered sent to the Senate.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, May 16, which was adopted.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
The following Bill was taken up.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
Reps. WILKINS and HAYES proposed the following Amendment No. 3 (Doc. No. 1498o), which was adopted.
Amend the bill, as and if amended, by striking Sections 83, 84, 85, 86, and 91.
Amend further, by adding an appropriately numbered section to read:
/SECTION __. Section 62-5-501 of the 1976 Code is amended to read:
"Section 62-5-501. (a) (A) Whenever a principal designates another his attorney in fact by a power of attorney in writing and the writing contains (1) the words 'This power of attorney shall is not be affected by physical disability or mental incompetence of the principal which renders the principal incapable of managing his own estate', (2) the words 'This power of attorney becomes effective upon the physical disability or mental incompetence of the principal', or (3) similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding his physical disability or mental incompetence or either physical disability or mental incompetence, the authority of the attorney in fact is exercisable by him as provided in the power on behalf of the principal notwithstanding later physical disability or mental incompetence of the principal or later uncertainty as to whether the principal is dead or alive. The authority of the attorney in fact to act on behalf of the principal must be set forth in the power and may relate to any act, power, duty, right, or obligation which the principal has or may acquire relating to the principal or any matter, transaction, or property, including the power to consent or withhold consent on behalf of the principal to health care. The attorney in fact has a fiduciary relationship with the principal and is accountable and responsible as a fiduciary. All acts done by the attorney in fact pursuant to the power during any a period of physical disability or mental incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs, devisees, legatees, and personal representative as if the principal were alive, mentally competent, and not physically disabled physically.
(b) (B) An instrument to which this section is applicable may also may provide for successor attorneys in fact and provide conditions for their succession, which may include an authorization for the court to appoint a successor, and the succession may occur whether or not the principal is then is physically disabled or mentally incompetent. The appointment of an attorney in fact under this section shall does not prevent a person or his representative from applying to the court and having a guardian or conservator appointed. Unless the power of attorney provides otherwise, after which the power of attorney shall become inoperative., appointment of a guardian terminates all or part of the power of attorney that relates to matters within the scope of the guardianship, and appointment of a conservator terminates all or part of the power of attorney that relates to matters within the scope of the conservatorship.
(c) (C) A power of attorney executed under the provisions of this section must be executed and attested with the same formality and with the same requirements as to witnesses as a will. In addition, the instrument must be probated and recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded. After the instrument has been recorded, whether recorded prior to before or after the onset of the principal's physical disability or mental incompetence, it is effective notwithstanding the mental incompetence or physical disability. If the authority of the attorney-in-fact relates solely to the person of the principal, the instrument is effective without being recorded.
(d) (D) The court may, in its discretion, and at any time after the onset of physical disability or mental incompetence, on motion of any an interested party or on its own motion, may require that an inventory of all deposits, choses in action, and personal property must be filed with the court, and a surety bond must be posted by the attorney-in-fact in the manner and amount that would be applicable to an intestate's a protected person's estate."/
Amend further, Section 62-3-603, as contained in SECTION 42, by striking item (6) and inserting:
/(6) upon appointment of a personal representative not named in a will, unless otherwise provided in the will or in this section or unless the personal representative is the sole beneficiary named in the will./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. BAXLEY proposed the following Amendment No. 4 (Doc. No. 1492o), which was adopted.
Amend the bill, as and if amended, by striking Section 62-3-803(a), as contained in SECTION 53, and inserting:
/(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statutes statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) within eight months after the date within the later of the first publication of notice to creditors if notice is given in compliance with following dates: (1) three years after the decedent's death; or (2) within the time provided by Section 62-3-801; 62-3-801(b) for creditors who are given actual notice, and within the time provided; claims in Section 62-3-801(a) for all creditors barred by the nonclaim publication; provided, claims barred by the nonclaim statute at the decedent's domicile before the first publication for claims giving of notice to creditors barred in this state are also barred in this state; (2) within three years after the decedent's death, if notice to creditors has not been published./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CHAMBLEE moved that when the House adjourns it adjourn in memory of Bart Garrison and Matthew Pickens, which was agreed to.
Rep. RHOAD arose to a Point of Personal Privilege as follows:
"Yesterday afternoon, my opponent was up here, and I had not met him. I saw him one time and somebody said that was who he was. They were downstairs near the sick bay and I recognized the person with him but was not sure of his name. So, I hollered at them and they turned around and I introduced myself and spoke to them and I asked if I could help them. They said no and that they were just looking around. Then later, as I was coming up to talk with Senator Matthews about some Bamberg County things and when I was getting on the elevator, that's when I happened to see them. They came on up and went into the Legislative Council and got some resolutions and other material. Anyway, Jimmy Walters was standing at the back door and they were at my desk and had it open. When Jimmy got to the double doors, they slammed it back down. I don't see anything that is missing, only they left this, and that was not in my desk yesterday. I don't know what they were looking for, but I just wanted this recorded and put in the Journal because I think it is kind of bad for someone to just walk in and open my desk and that is personal. Thank you."
The following Bill was taken up.
H. 3909 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-37-190 SO AS TO PROVIDE FOR THE COASTAL COUNCIL TO APPROVE BEACH RENOURISHMENT UNDERTAKEN BY A MUNICIPALITY; AND TO AMEND SECTION 5-37-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE "IMPROVEMENTS", "IMPROVEMENT DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-30, RELATING TO AUTHORIZATION AND FUNDING OF IMPROVEMENTS, SECTION 5-37-50, RELATING TO RESOLUTIONS FOR IMPROVEMENT PLANS, AND SECTION 5-37-70, RELATING TO THE PAYMENT OF THE COSTS OF IMPROVEMENTS, SO AS TO INCLUDE BEACH RENOURISHMENT; AND SECTION 5-37-90, RELATING TO IMPROVEMENTS AS MUNICIPAL PROPERTY AND SPECIAL ASSESSMENTS, SO AS TO EXCLUDE CERTAIN PARTS OF A BEACH RENOURISHMENT PROJECT.
Reps. BLANDING and GORDON objected to the Bill.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1614X).
Amend the bill, as and if amended, by striking Section 5-37-70, as contained in SECTION 5, and inserting:
/Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within or on beaches adjacent to the improvement district by assessments on the real property therein in it as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any a source not restricted from such the use by law, or from any a combination of such the financing sources as may be provided in the improvement plan./
Amend further by striking Section 5-37-90, as contained in SECTION 6, and inserting:
/Section 5-37-90. The improvements as defined in Section 5-37-20 shall be are the sole and unrestricted property of the municipality, and may except for those parts of a beach renourishment project over which the municipality cannot exercise unrestricted ownership. The improvements at any time may be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during determines. During the continuance or maintenance of such the improvements, the special assessments on real property therein in the municipality may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor for the improvement plan./
Amend title to conform.
Rep. CORK explained the amendment.
Rep. LIMEHOUSE objected to the Bill.
The following Bill was taken up.
H. 4855 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-147 SO AS TO PROVIDE FOR A STATE ARCHERY STAMP, TO PROVIDE FOR THE USE OF THE REVENUE DERIVED FROM THE SALE OF THE STAMPS, PRINTS, AND RELATED ARTICLES, AND TO MAKE IT UNLAWFUL FOR A PERSON TO HUNT WITH ARCHERY EQUIPMENT WITHOUT A VALID STAMP IN HIS POSSESSION.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1724X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-9-147. It is unlawful for a person to take, attempt to take, or pursue game species using archery equipment without first procuring a state archery stamp and having a valid stamp for the year in his possession while hunting game.
Each stamp must be validated by the signature of the licensee written across the face of the stamp. The South Carolina Wildlife and Marine Resources Commission shall furnish the stamps to its authorized agents for issuance or sale in the same manner as other types of licenses.
The fee for each stamp is five dollars and fifty cents. One dollar of the stamp cost may be retained by the issuing agent, and the balance must be paid to the department, and all balances must be carried forward each year so that no part of the balances reverts to the general fund of the State. Each stamp expires on the last day of June following issuance.
The department may produce additional stamps as commemorative or collector's items which must be sold at a price of not less than five dollars and fifty cents with all proceeds retained by the department. All revenue derived from the sale of the stamp must may be used only for the cost of printing, promotion, and production of the stamp and for procurement of wildlife habitat across the State. Where practical, archery hunting must be provided for the general public on those properties along with other hunting activities. None of the funds may be expended for administrative salaries.
The department is responsible for the creation and the design of the archery stamp. The department also may develop archery stamp prints and related articles and is responsible for the administration, sale and distribution, and other matters relating to the stamps and prints. If prints are sold, the funds derived from the sale of the prints and related articles after deducting the necessary administrative and promotional expenses must may be used for the procurement of wildlife habitat across the State."
SECTION 2. This act takes effect July 1, 1991./
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BENNETT, with unanimous consent, it was ordered that H. 4855 be read the third tomorrow.
The following Bill was taken up.
S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Rep. BENNETT moved to adjourn debate upon the Bill until Thursday, May 17.
Rep. G. BROWN moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Thursday, May 17, which was agreed to.
The following Bill was taken up.
S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1723X), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. In furtherance of the purpose of this act, state agencies are requested to cooperate with the commission in the development and implementation of the Aquatic Plant Management Plan./
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1465 -- Senators Peeler, Hinds and McGill: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, ADD THREE MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, AND CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS.
Rep. SNOW proposed the following Amendment No. 1 (Doc. No. 1477o), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 46-10-120 of the 1976 Code, as last amended by Act 554 of 1988, is further amended to read:
"Section 46-10-120. The Boll Weevil Eradication Program, as provided for under this chapter, must be implemented for a specified time determined by the commission if it determines that the federal government and the commercial cotton producers of this State, as determined by referendum conducted by the commission, shall cooperate and provide for the cost of carrying out the provisions of this chapter for the specified time. The cotton producer referendum must receive the favorable vote of two-thirds of the producers casting votes. All commercial cotton producers in South Carolina shall receive ballots and are eligible to vote.
Upon termination of the time specified in the last referendum, the commission shall establish an assessment, not to exceed eight ten dollars an acre, to cover suppression and containment costs on all cotton acreage within the eradication area as long as a containment program is necessary. This assessment and program duration is subject to change when petitioned by ten percent of the commercial cotton producers of this State."
SECTION __. Section 46-10-130 of the 1976 Code, as last amended by Act 31 of 1989, is further amended to read:
"Section 46-10-130. Each commercial cotton grower in this State is assessed an annual uniform fee determined by the commission not to exceed eight ten dollars an acre subject to change as provided in Section 46-10-120. The assessment must be utilized by the commission to carry out the provisions of this chapter. The funds must be remitted promptly to the organization certified according to this chapter under terms and conditions the commission considers necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. The certified organization shall provide to the division an annual audit of its accounts performed by a certified public accountant. The assessments collected by the commission under this chapter are not state funds."/
Renumber sections to conform.
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 1465 be read the third time tomorrow.
Rep. T. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, May 15, which was adopted.
H. 4968 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhoad, Wells and Wright: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE FOR THE MANNER FOR TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION AFTER PAYMENT OF THIS COMPENSATION HAS BEEN COMMENCED, TO PROVIDE THAT THE EMPLOYEE MAY REQUEST A HEARING TO HAVE TEMPORARY DISABILITY COMPENSATION REINSTITUTED AFTER TERMINATION, AND TO REVISE CERTAIN PENALTY PROVISIONS OF THE SECTION.
Rep. T. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, May 15, which was adopted.
H. 4969 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhoad, Wells and Wright: A BILL TO AMEND SECTION 42-9-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION LUMP-SUM PAYMENTS, SO AS TO DELETE THE AUTHORIZATION FOR CERTAIN LUMP-SUM PAYMENTS, TO PROVIDE THAT LUMP-SUM PAYMENTS OF NONACCRUED WEEKLY BENEFITS MAY NOT BE PERMITTED EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION MAY NOT BE CONSTRUED TO PREVENT STRUCTURED SETTLEMENTS.
Rep. SMITH withdrew his objection to the following Bill.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Rep. SMITH withdrew his objection to H. 4981 however, other objections remained upon the Bill.
Rep. McLEOD withdrew his objection to the following Bill.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Rep. R. BROWN withdrew his objection to the following Bill.
H. 4401 -- Rep. Washington: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THIS STATE, WHO ARE NOT POPULARLY ELECTED, MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD IN THE MANNER STIPULATED BY THE PROVISIONS OF THIS ACT.
Rep. KIRSH withdrew his objection to H. 3384 however, other objections remained upon the Bill.
Rep. G. BROWN withdrew his objection to the following Bill.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Rep. WHITE withdrew her objection to the following Bill.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Rep. FANT withdrew his objection to the following Bill.
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.
On motion of Rep. BENNETT, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture and Natural Resources.
S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SIMPSON, with unanimous consent, made a short statement.
Rep. HENDRICKS asked unanimous consent to recall S. 1463 from the Committee on Ways and Means.
Rep. McCAIN objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Rep. WILKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5095 -- Rep. Kohn: A HOUSE RESOLUTION TO REQUEST THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE TO STUDY AND REVIEW THE ADEQUACY OF THE LAWS OF THIS STATE CONCERNING THE SOLVENCY OF THE LIFE AND HEALTH INSURANCE INDUSTRY AND THOSE LIFE AND HEALTH INSURERS DOING BUSINESS IN SOUTH CAROLINA.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5096 -- Reps. Blanding, Boan, Felder, Gregory and Burch: A CONCURRENT RESOLUTION TO WELCOME BISHOP ABEL T. MUZOREWA OF THE ZIMBABWE AREA AFRICA CENTRAL CONFERENCE FOR THE UNITED METHODIST CHURCH ON HIS VISIT TO SOUTH CAROLINA AND TO COMMEND HIM IN HIS EFFORTS TO PROMOTE THE AFRICA UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5097 -- Reps. J. Bailey, Keyserling, Barber, Holt, D. Martin, Washington and Whipper: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JULIAN WILES FOR HIS EXTRAORDINARY ABILITIES AS AN ARTIST, AN ARTS EDUCATOR, AND AN ARTS MANAGER, TO THE BENEFIT OF ALL SOUTH CAROLINIANS.
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. 5098 -- Rep. G. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC. OF BISHOPVILLE, S. C. IN LEE COUNTY.
On motion of The Lee County Delegation, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5099 -- Rep. Baker: A BILL TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
On motion of Rep. BAKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5100 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE BECKY A. JONES OF SPARTANBURG UPON BEING NAMED SALUTATORIAN OF BOILING SPRINGS HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5101 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TRACY L. SCOTT OF SPARTANBURG UPON BEING NAMED VALEDICTORIAN OF BOILING SPRINGS HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5102 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE STEFAN MONTGOMERY OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SOPHOMORE UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5103 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE BRANDON MCKILLOP OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A JUNIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5104 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TERESA TAYLOR OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SENIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5105 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AMITY MCCULLOUGH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SENIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5106 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE CHANDA DYAR OF CHESNEE IN SPARTANBURG COUNTY FOR HER HEROIC EFFORTS IN SAVING THE LIFE OF A YOUNG BOY ON THE CHATTOOGA RIVER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5107 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE TRENT DYAR OF CHESNEE IN SPARTANBURG COUNTY FOR HIS HEROIC EFFORTS IN SAVING THE LIFE OF A YOUNG BOY ON THE CHATTOOGA RIVER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5108 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TRENT DYAR OF CHESNEE IN SPARTANBURG COUNTY UPON COMPLETING THE REQUIREMENTS FOR EAGLE SCOUT FOR TROOP 211, BOILING SPRINGS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5109 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE CHAD MICHAEL GORMAN OF SPARTANBURG UPON BEING NAMED A JUNIOR MARSHALL OF BOILING SPRINGS HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5110 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE JEAN VAUGH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL UPON RECEIVING THE BUS DRIVER AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5111 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ASHLEE TARA BAGWELL OF SPARTANBURG UPON BEING NAMED A JUNIOR MARSHALL OF BOILING SPRINGS HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5112 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ANGIE SMITH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A JUNIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5113 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ZANENE TAYLOR OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SOPHOMORE UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4984 -- Reps. R. Brown, Kay, Townsend and Carnell: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR A COMMISSION OFFICE IN ABBEVILLE.
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
Rep. WILKINS explained the Bill.
S. 1038 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
S. 1372 -- Senators Pope, Land and O'Dell: A BILL TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.
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.
Rep. WILKINS explained the Bill.
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.
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.
S. 1167 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS.
S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.
Rep. DAVENPORT explained the Bill.
S. 1474 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE PAROLE BOARD TO REVIEW A PRISONER'S DISCIPLINARY RECORD IN DETERMINING WHETHER TO AUTHORIZE PAROLE AND TO PROVIDE THAT A PRISONER'S IN-PRISON DISCIPLINARY RECORD IS SUBJECT TO THE PROVISIONS OF CHAPTER 4 OF TITLE 30.
Rep. CHAMBLEE explained the Bill.
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.
Rep. MOSS explained the Bill.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4984 be read the third time tomorrow.
On motion of Rep. RUDNICK, with unanimous consent, it was ordered that S. 966 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that S. 1167 be read the third time tomorrow.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 1474 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that S. 1533 be read the third time tomorrow.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1284o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1, beginning on line 23, and inserting:
/SECTION 1. Section 5-15-30 of the 1976 Code, as last amended by Act 455 of 1988, is further amended to read:
"Section 5-15-30. If by action of a majority of council, or if fifteen percent of the registered municipal electors present to the municipal election commission a duly executed petition on which none of the signatures is more than six months old, in which an election is sought to change the number of council members to a number authorized by the form of government under which the municipality is then operating or to change the method of election of council members, then the municipal governing body shall call a referendum not later than ninety days nor earlier than thirty days after the petition has been certified and delivered to the governing body by the municipal election commission. A petition must be certified as valid or rejected by the municipal election commission within sixty days after it has been delivered to the commission. There may be only one question framed by the municipal governing body for the referendum in a format similar to that provided by Section 5-5-40, and no other election on the same question may be held for four two years after that time. In the event If more than one petition is received prior to before publication of a notice of special election, the change sought in the petition bearing the highest number of qualified signatures must be submitted on the ballot. A change receiving a majority of the votes cast is effective at the next general election of the municipality."/
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.
S. 1496 -- General Committee: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1756X), which was tabled.
Amend the bill, as and if amended, in Section 58-9-2510, as contained in SECTION 2, page 3, by adding an appropriately numbered item to read:
/( ) 'exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a local exchange company. Exchange access facilities include local exchange company access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission./
Amend further, in Section 58-9-2530(A), as contained in SECTION 2, page 3, by striking lines 31 through 34 and inserting:
/residential and business subscribers of local exchange access facilities as necessary to fund the establishment and operation of a dual party relay system in this State. Local exchange companies are not liable for the fees for subscribers who refuse to pay or when an account becomes uncollectible. The amount of the/, so that when amended Section 58-9-2530(A) reads:
/"(A) The commission may require all local exchange telephone companies operating in this State to impose a monthly charge not to exceed twenty-five cents on all residential and business subscribers of local exchange access facilities as necessary to fund the establishment and operation of a dual party relay system in this State. Local exchange companies are not liable for the fees for subscribers who refuse to pay or when an account becomes uncollectible. The amount of the charge must be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this article and provide dual party telephone relay services on a continuous basis. If assessed, the local exchange companies shall collect the charge from their customers and transfer the monies collected to the operating fund. The charge collected and remitted by the local exchange companies is not subject to any tax, fee, or assessment, nor may it be considered revenue of the local exchange companies. The commission may provide for the funding of the dual party relay system through contributions from other sources. The fund must be established, invested, and managed for the exclusive purpose of implementing the provisions of this article according to regulations promulgated by the commission."/
Amend further, in SECTION 2, by striking Section 58-9-2540(B), beginning on page 4, and inserting:
/(B) The advisory committee consists of eight members as follows:
(1) one representative from the Spartanburg School for the Deaf;
(2) one representative from the South Carolina Association of the Deaf, Inc.;
(3) one representative from the South Carolina Telephone Association;
(4) two representatives from the commission staff;
(5) one representative from the provider of the dual party relay service;
(6) one representative from the office of the Consumer Advocate; and
(7) one representative from the office of the Division of Human Resource Management, State Budget and Control Board./
Amend title to conform.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 1834X), which was adopted.
Amend the bill, as and if amended, by striking Section 58-9-2540(B), as contained in SECTION 2, beginning on page 4, and inserting:
/(B) The advisory committee consists of eight members as follows:
(1) one representative from the Spartanburg School for the Deaf;
(2) one representative from the South Carolina Association of the Deaf, Inc.;
(3) one representative from the South Carolina Telephone Association;
(4) two representatives from the commission staff;
(5) one representative from the provider of the dual party relay service;
(6) one representative from the office of the Consumer Advocate; and
(7) one representative from the office of the Division of Information Resource Management, State Budget and Control Board.
The advisory committee must be appointed by the commission upon the recommendations of the applicable agency or organization. The commission shall prescribe regulations which set forth guidelines for the responsibilities, duties, and authority of the committee. Members shall serve at the pleasure of the commission and vacancies must be filled in the manner of the original appointment./
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 Joint Resolution was taken up.
H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KOHN explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Tuesday, May 15, which was adopted.
The following Joint Resolution was taken up.
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.
Reps. LIMEHOUSE and WOFFORD objected to the Joint Resolution.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Tuesday, May 15, which was adopted.
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.
The following Bill was taken up.
S. 243 -- Senators Pope and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Reps. BAKER, CARNELL, McABEE and RAMA objected to the Bill.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, May 15, which was adopted.
H. 4677 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.
Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Thursday, May 17, which was adopted.
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday May 15, which was adopted.
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.
The following Bill was taken up.
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1769X), which was adopted.
Amend the bill, as and if amended, Section 1-20-50, as contained in SECTION 1, page 2, by striking lines 39 and 40 and inserting:
/(5) South Carolina Coordinating Council for Economic Development./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 1240 be read the third time tomorrow.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1779X).
Amend the bill, as and if amended, by striking Section 1-7-920 as contained in SECTION 1 and inserting:
/Section 1-7-920. The commission is composed of the following persons for terms as indicated:
(1) the Attorney General or his designee shall serve during the term for which he is elected;
(2) the chief of the South Carolina Law Enforcement Division for the term for which he is appointed;
(3) the chairmen of the Senate and House Judiciary Committees for the terms for which they are elected or their legislative designees;
(4) a director of a Judicial Circuit Pre-trial Intervention Program appointed by the Governor for a term of two years;
(5) a Judicial Circuit Victim-Witness Assistance Advocate appointed by the Governor for a term of two years;
(6) five judicial circuit solicitors appointed by the Governor for a term of four years. However, upon initial appointment, the Governor shall select one for a two-year term, two for a three-year term, and two for a four-year term. If a solicitor appointed to the commission is not re-elected, a vacancy occurs and it must be filled pursuant to the provisions of Section 1-7-930./
Amend the bill further in Section 1-7-940, as added to the 1976 Code, contained in SECTION 1, page 3, line 1, by inserting before /The/ /(A)/; and by inserting immediately after line 26:
/(B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410./
When amended Section 1-7-940 reads:
/Section 1-7-940. (A) The commission has the following duties:
(1) coordinate all administrative functions of the offices of the solicitors and any affiliate services operating in conjunction with the solicitors' offices;
(2) submit the budgets of the solicitors and their affiliate services to the General Assembly;
(3) encourage and develop legal education programs and training programs for solicitors and their affiliate services, organize and provide seminars to help increase the effectiveness and efficiency of the prosecution of criminal cases in this State, and act as a clearinghouse and distribution source for publications involving solicitors and their affiliate services and provide legal updates on matters of law affecting the prosecution of cases in this State;
(4) establish minimum standards for the operation of the solicitors' offices and all the affiliate services associated with the solicitors' offices in this State. The standards must be promulgated as regulations under the provisions of Chapter 23 of Title 1 (Administrative Procedures Act).
(B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. KEYSERLING moved to adjourn debate upon the Bill until Tuesday, May 15, which was adopted.
The following Bill was taken up.
H. 4910 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1772X), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 14-1-210(2)(b) of the 1976 Code is amended to read:
"(b) an additional twenty percent of the total of a criminal fine imposed. No cost of court fee may be assessed in general sessions court where a term of imprisonment only is imposed as the punishment. If the criminal fine is suspended, the additional twenty percent of the total must be based upon the amount of the suspended sentence."/
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.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4910 be read the third time tomorrow.
Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Tuesday, May 15, which was adopted.
H. 5079 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0575o).
Amend the bill, as and if amended, in Section 56-5-1255 of the 1976 Code, as contained in SECTION 1, by striking /must/ on line 4 of the second paragraph of the section and inserting /may/ and by striking /two hundred/ on line 5 of the second paragraph of the section and inserting /one hundred/.
When amended, Section 56-5-1255 shall read:
/Section 56-5-1255. A person owning or operating a motor vehicle registered or subject to registration in this State shall have in his possession while operating the vehicle verification of liability insurance, or verification of coverage under a motor vehicle liability insurance policy, in the amount and under the terms and conditions required by the laws of this State on the vehicle being operated. At the time of a motor vehicle accident involving another person or the property of another person, the owner or operator of the vehicle, in addition to all other requirements of law, shall provide or furnish the investigating officer with the information contained on his verification of insurance.
A person who fails to carry the verification of insurance or provide information of his verification of insurance in the manner required by this section is guilty of a misdemeanor and, upon conviction, may be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days./
Amend title to conform.
Reps. M.O. ALEXANDER and McLELLAN explained the amendment.
Rep. GREGORY objected to the Bill.
The following Bill was taken up.
H. 4742 -- Rep. Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-145 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO GIVE NOTICE AND HOLD A HEARING BEFORE PETITIONING A MUNICIPALITY TO ANNEX LAND OWNED BY THE STATE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0337I), which was adopted.
Amend the bill by striking all after the enacting words and inserting the following:
/"Section 5-3-145. Before the State Budget and Control Board petitions a municipal corporation to annex state-owned land, the Board shall publish notice of its intent to petition for the annexation of said state-owned land in a newspaper of general circulation within the area proposed to be annexed to the municipality. The notice must contain a legal and a plain-English description of the area to be annexed; and the act or code section pursuant to which the proposed annexation is to be accomplished. Written notice shall also be sent to the governing body and the legislative delegation of the county in which the state-owned property is located. Notifications required by this section shall be provided not less than thirty days before the petition is submitted to the municipality.
SECTION 2. This act takes effect upon approval by the Governor."/
Amend title to conform.
Rep. CHAMBLEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that H. 4742 be read the third time tomorrow.
The following Bill was taken up.
H. 4921 -- Rep. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0338I), which was adopted.
Amend the bill, as and if amended, by adding the words /provided that the appropriate state and federal authorities permit these improvements/ so that the item reads:
/"(2) 'Improvements' include open or covered malls, parkways, parks and playgrounds, pedestrian facilities, parking facilities, parking garages and underground parking facilities, and facade redevelopment, the relocation, construction, widening, and dredging of channels, canals, and waterways used for recreational purposes, provided that the appropriate state and federal authorities permit these improvements, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation."/
Amend title to conform.
Rep. CHAMBLEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that H. 4921 be read the third time tomorrow.
Rep. FARR moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
H. 4987 -- Rep. Corning: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1443o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 13 of Title 23 of the 1976 Code is amended by adding:
Section 23-13-710. Notwithstanding the provisions of Sections 4-9-30(5) and 23-13-70, the sheriff of a county may contract with a company or an organization to provide law enforcement protection to a residential development having fifty or more inhabitants. The salary and expenses of a deputy must be paid by the company or organization with the amount to be fixed by contract between the sheriff and the company or organization having management of the residential development.
Section 23-13-720. A deputy sheriff appointed under the provisions of this article may exercise the rights, duties, and powers prescribed by law for deputy sheriffs.
SECTION 2. This act takes effect upon approval by the Governor."/
Amend title to conform.
Rep. CORNING explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 15, which was adopted.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5084 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 30, 1991.
S. 984 -- Senator Russell: A BILL TO AMEND SECTION 9-11-48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR TRANSFERRING A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS TO THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO PROVIDE ALTERNATIVE REQUIREMENTS FOR THE TRANSFER.
Rep. T. ROGERS explained the Bill.
H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
On motion of Rep. CORNING, with unanimous consent, it was ordered that H. 5084 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that S. 984 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 5089 be read the third time tomorrow.
The following Bill was taken up.
H. 5030 -- Reps. Kohn, Harvin, R. Brown and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR ANNUAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND FOR AGENTS LICENSED TO SELL LIFE, ACCIDENT, AND HEALTH INSURANCE.
Rep. LIMEHOUSE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
Rep. BARFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Rep. McLELLAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Reps. FARR and DAVENPORT proposed the following Amendment No. 3 (Doc. No. 1487I), which was adopted.
Amend the bill, as and if amended, in the first sentence of Section 23-9-510 by striking the word /Senate/ and inserting the words /General Assembly/ so that the sentence reads:
"The State Fire Marshal Board of Appeals is created and is composed of nine members appointed by the Governor upon the advice and consent of the General Assembly."
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
Reps. McLEOD and FELDER proposed the following Amendment No. 4 (Doc. No. 1515o), which was adopted.
Amend the bill, as and if amended, in Section 23-9-510 of the 1976 Code, as contained in SECTION 1, by adding at the end of the section the following:
/In addition to the appointed members of the State Fire Marshal Appeals Board, one member of the House of Representatives appointed by the Speaker of the House and one member of the Senate appointed by the President of the Senate shall serve as ex officio members of this Appeals Board for terms coterminous with those of their elected terms of office./
Amend the bill further, as and if amended, in Section 23-9-530 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (G) to read:
/(G) The State Fire Marshal Appeals Board must annually submit to the Budget and Control Board and each house of the General Assembly a list of those cases heard on appeal during the previous year, the actions taken on these cases and a brief summary of these cases./
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. M.D. BURRISS proposed the following Amendment No. 5 (Doc. No. 1449o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered:
/SECTION _____. The 1976 Code is amended by adding:
"Section 23-9-155. The State Fire Marshal or any of his authorized agents when inspecting buildings or structures for compliance with applicable provisions of law or fire codes and finding violations of the same, must inform the owner of the building or structure in writing of the nature of the violation and a specific citation as to the particular statutory provision of law or provision of the applicable fire code on which the violation is based before any changes in the building or structure may be required or before any penalties authorized by law may be assessed."/
Renumber sections to conform.
Amend title to conform.
Rep. M.D. BURRISS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FELDER, with unanimous consent, it was ordered that S. 1487 be read the third time tomorrow.
The following Bill was taken up.
H. 4401 -- Rep. Washington: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THIS STATE, WHO ARE NOT POPULARLY ELECTED, MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD IN THE MANNER STIPULATED BY THE PROVISIONS OF THIS ACT.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 28, by the Committee on Education and Public Works.
Rep. BEASLEY explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 15, which was adopted.
The following Bill was taken up.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, February 28, by Rep. WOFFORD.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Rep. BRUCE proposed the following Amendment No. 3 (Doc. No. 0813X).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 24-3-120. (A) As used in this section:
(1) 'Able-bodied inmate' means an inmate in the custody of the department who is to participate in a work program or other productive activity authorized by this chapter and who is physically able to do so.
(2) 'Work program' means a work program established pursuant to this section.
(B) The State Department of Corrections shall develop work programs to assure that every able-bodied inmate is employed in work most suited to his capacity and most advantageous to the people of the State. In addition to furlough, prison industries, work release, work/punishment, and other work-related programs, the Department of Corrections shall cooperate primarily with state departments and agencies with responsibilities for improving and protecting the natural resources and environment of the State and with any other state agency or political subdivision willing to employ prison inmates and shall develop programs to insure total employment of each able-bodied inmate."/
Renumber sections to conform.
Amend title to conform.
Rep. BRUCE explained the amendment.
Rep. CHAMBLEE raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.
The SPEAKER stated that the Committee Report had been adopted and it was germane and he overruled the Point of Order.
Rep. CHAMBLEE moved to table the amendment.
Rep. BRUCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Chamblee Kay Rudnick White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Baxley Bennett Blackwell Boan Bruce Clyborne Cooper Corbett Cork Davenport Derrick Elliott Fair Farr Foster Gentry Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Holt Huff Johnson, J.C. Keegan Keesley Keyserling Kinon Kirsh Littlejohn Mappus Martin, D. Martin, L. Mattos McEachin McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Rama Rhoad Sharpe Sheheen Short Smith Snow Taylor Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wofford Wright
So, the House refused to table the amendment.
Rep. WHITE moved to adjourn debate upon the Bill until Tuesday, May 15.
Rep. BRUCE moved to table the motion, which was agreed to.
Reps. WHITE, KLAPMAN and WHIPPER objected to the Bill.
Rep. McEACHIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5093 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION DESIGNATING THOMAS S. (TOM) LINTON AS CODE COMMISSIONER EMERITUS UPON HIS RETIREMENT.
H. 5096 -- Reps. Blanding, Boan, Felder, Gregory and Burch: A CONCURRENT RESOLUTION TO WELCOME BISHOP ABEL T. MUZOREWA OF THE ZIMBABWE AREA AFRICA CENTRAL CONFERENCE FOR THE UNITED METHODIST CHURCH ON HIS VISIT TO SOUTH CAROLINA AND TO COMMEND HIM IN HIS EFFORTS TO PROMOTE THE AFRICA UNIVERSITY.
H. 5097 -- Reps. J. Bailey, Keyserling, Barber, Holt, D. Martin, Washington and Whipper: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JULIAN WILES FOR HIS EXTRAORDINARY ABILITIES AS AN ARTIST, AN ARTS EDUCATOR, AND AN ARTS MANAGER, TO THE BENEFIT OF ALL SOUTH CAROLINIANS.
H. 5100 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE BECKY A. JONES OF SPARTANBURG UPON BEING NAMED SALUTATORIAN OF BOILING SPRINGS HIGH SCHOOL.
H. 5101 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TRACY L. SCOTT OF SPARTANBURG UPON BEING NAMED VALEDICTORIAN OF BOILING SPRINGS HIGH SCHOOL.
H. 5102 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE STEFAN MONTGOMERY OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SOPHOMORE UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
H. 5103 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE BRANDON MCKILLOP OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A JUNIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
H. 5104 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TERESA TAYLOR OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SENIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
H. 5105 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AMITY MCCULLOUGH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SENIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
H. 5106 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE CHANDA DYAR OF CHESNEE IN SPARTANBURG COUNTY FOR HER HEROIC EFFORTS IN SAVING THE LIFE OF A YOUNG BOY ON THE CHATTOOGA RIVER.
H. 5107 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE TRENT DYAR OF CHESNEE IN SPARTANBURG COUNTY FOR HIS HEROIC EFFORTS IN SAVING THE LIFE OF A YOUNG BOY ON THE CHATTOOGA RIVER.
H. 5108 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TRENT DYAR OF CHESNEE IN SPARTANBURG COUNTY UPON COMPLETING THE REQUIREMENTS FOR EAGLE SCOUT FOR TROOP 211, BOILING SPRINGS.
H. 5109 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE CHAD MICHAEL GORMAN OF SPARTANBURG UPON BEING NAMED A JUNIOR MARSHALL OF BOILING SPRINGS HIGH SCHOOL.
H. 5110 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE JEAN VAUGH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL UPON RECEIVING THE BUS DRIVER AWARD.
H. 5111 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ASHLEE TARA BAGWELL OF SPARTANBURG UPON BEING NAMED A JUNIOR MARSHALL OF BOILING SPRINGS HIGH SCHOOL.
H. 5112 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ANGIE SMITH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A JUNIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
H. 5113 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ZANENE TAYLOR OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SOPHOMORE UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
At 12:00 Noon the House in accordance with the motion of Rep. CHAMBLEE adjourned in memory of Bart Garrison and Matthew Pickens to meet at 10:00 A.M. tomorrow.
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