Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Father, Whose favor is upon those who seek to do Your will, draw our hearts to You, guide our minds, fill our imaginations, control our wills. Direct us all in serving God Who blesses us without limit. Be pleased to make effective the John Guest Crusade now in progress in this Capital City. Strengthen the faith of those who participate in these daily Services. Where we are corrupt, purify us; where we are in error, correct us; where we are going in the wrong direction, reform us; where we are divided, unify us; where we are right, strengthen us and multiply our efforts.
Keep us in Your sheltering care and use us as we earnestly seek to follow Your way. 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 Friday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1284
Promulgated By Board of Medical Examiners
Physician Assistants - Limited Certificates
Received by Speaker May 15, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date September 12, 1990
The following was received.
Columbia, S.C., May 10, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Macaulay, Nell W. Smith and Stilwell of the Committee of Conference on the part of the Senate on 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
No. 128
Received as information.
The following was received.
Columbia, S.C., May 10, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Patterson and Lee of the Committee of Conference on the part of the Senate on H. 4476:
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Very respectfully,
President
No. 129
Received as information.
Rep. KEEGAN moved that when the House adjourns it adjourn in memory of Francis J. Perna of Lake Murray, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
On motion of Rep. BARFIELD, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
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.
Whereas, the United States Department of Agriculture's Federal Crop Insurance Corporation (FCIC) program insures farmers against unavoidable losses due to adverse weather, insects, and crop disease. While FCIC has increased the scope of the program and the involvement of private companies, indemnity payments have exceeded premium income. Before 1980, crop insurance was sold and serviced primarily by FCIC employees. The cost of federal crop insurance to farmers is determined largely by the program's loss experience. Loss adjustments done by private reinsured companies, with minimal oversight by FCIC, resulted in millions of dollars in overpayments by FCIC. In order to rectify this situation Congress should eliminate participation of private companies in the sale and servicing of federal crop insurance; and
Whereas, in H.R. 4077, Congress is preparing to make changes to the 1987 Agricultural Credit Act that will dismantle the Farmers Home Administration and eliminate important rights of farmers. Some of the proposed changes that will hurt farmers include the following:
(1) Eligibility for direct operating loans will be limited to seven years, or ten years for borrowers with both guaranteed and direct loans.
(2) Refinancing of existing debt will be eliminated.
(3) The continuation loan policy will be eliminated.
Farmers as a result will be unable to get credit and will lose many of the rights gained in the 1987 Act. If the Farmers Home Administration is dismantled at the same time that farmers are not receiving prices for their products that will cover their cost of production, more of our farmers will be forced into foreclosure and the rural community will suffer as a result; and
Whereas, certain provisions of the 1990 Farm Bill also would do away with the federal crop program and the price support systems of the program. In addition, the lease and transfer system of tobacco allotments is also abolished. Changes in price support programs together with declining prices which have been predicted by the Department of Agriculture will force farmers to sell their products at prices that will not cover their cost of production. Also, to not allow tobacco poundage to be leased by a farmer for use on any land would hurt not only the ability of that farmer to produce a crop and a profit but also the land values of the farms themselves; and
Whereas, the members of the South Carolina General Assembly, by this resolution, express their belief that it would be in the best interest not only of the farmers of this State but also of the United States if the changes outlined above that are contained in the proposed federal legislation would not be enacted and further that the participation of private companies in the Federal Crop Insurance Corporation Program be eliminated. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly 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.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5114 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND DICKIE FELDER OF SUMMERTON FOR HIS OUTSTANDING SERVICE AS A TOWN COUNCILMAN OF THE TOWN OF SUMMERTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1597 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE BERKELEY HIGH SCHOOL'S ODYSSEY OF THE MIND TEAM WHO RECENTLY WON FIRST PLACE AT THE STATE COMPETITION HELD IN COLUMBIA AND TO WISH THE TEAM GOOD LUCK AS IT COMPETES IN THE WORLD ODYSSEY OF THE MIND CONTEST IN AMES, IOWA, IN MAY, 1990.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 5115 -- Reps. J. Rogers, McEachin, Gentry and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JAMES M. MORRIS, AT-LARGE CIRCUIT COURT JUDGE, SEAT NO.3, WHO RETIRED EFFECTIVE MAY 7, 1990.
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives on May 30, 1990, at 12:00 noon for the purpose of electing a successor to fill the remainder of the unexpired term of the Honorable James M. Morris, at-large circuit court judge, Seat No.3, who retired effective May 7, 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. McLEOD, with unanimous consent, the following was taken up for immediate consideration:
H. 5116 -- Rep. McLeod: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES FOR A MEETING ON TUESDAY, SEPTEMBER 25, 1990.
Be it resolved by the House of Representatives:
That the South Carolina Independent Schools Student Association is authorized to use the chamber of the House of Representatives for a meeting on Tuesday, September 25, 1990.
Be it further resolved that the State House security forces provide assistance and access as necessary for the meeting in accordance with previous procedures.
Be it further resolved that the South Carolina Independent Schools Student Association agrees in writing to reimburse the Division of General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House chamber on that date and time.
Be it further resolved that the authorization for the use of the House chamber is subject to cancellation if the House is in special session on that date.
Be it further resolved that a copy of this resolution be forwarded to Ms. Cindy Hall, Route 1, Box 722, Pinewood, South Carolina 29125.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 1531 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
Referred to Committee on Judiciary.
S. 1549 -- Senator Matthews: A BILL TO AUTHORIZE SCHOOL DISTRICTS 3 AND 8 OF ORANGEBURG COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
Without reference.
S. 1591 -- Judiciary Committee: A BILL TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIME SHARING PLANS SO AS TO PROVIDE THAT THE BUYER MUST ACKNOWLEDGE AND SIGN A STATEMENT EXPLAINING THE BUYER'S RIGHT TO CANCEL.
Referred to Committee on Judiciary.
S. 1593 -- Senators Setzler, Wilson and Shealy: 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.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Faber Fair Fant Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 15, 1990.
L. Edward Bennett Ralph Davenport Gene Stoddard Denny W. Neilson John B. Williams James C. Johnson Grady Brown Irene K. Rudnick Rick Quinn Tom Limehouse Tee Ferguson Alex Harvin, III Jarvis R. Klapman C. Lenoir Sturkie Larry Koon Robert Kohn
LEAVE OF ABSENCE
The SPEAKER Pro Tempore granted Rep. BURCH a leave of absence for the day.
Announcement was made that Dr. H. Cooper Black of West Columbia is the Doctor of the Day for the General Assembly.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 16, which was adopted.
H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
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.
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 following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
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. 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.
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. 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.
H. 4968--OBJECTION, AMENDED AND OBJECTIONS
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1405o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. Upon making the first payment, the employer immediately shall immediately notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun.
The Commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and Commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the Commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
Once payment of temporary disability compensation has been commenced, it may be terminated or suspended immediately if the employee:
(a) has returned to employment;
(b) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work; or
(c) has been released to full duty work by two medical doctors, one of whom must be the treating physician. The medical reports of the physicians must be submitted to the commission with notice of termination.
If the employee has been released to limited duty work and the employer provides work within the medical restrictions, the employee shall attempt to perform the limited duty work. Upon the submission of documentation of the refusal of the employee to perform limited duty work and notice to the employee, compensation may be terminated unless the employee requests a hearing within ten days of receiving the notice. An employee has the duty to seek limited duty work during the period that limited duty status continues, and he is not entitled to temporary total compensation benefits if he has not made a good faith effort to obtain this employment.
If the employee refused medical treatment under Section 42-15-60 or an examination or evaluation under Section 42-15-80, the employee is not entitled to any compensation benefits during the period of refusal. Upon the submission of documentation of the refusal of the employee of this medical treatment, examination, or evaluation to the commission and notice to the employee, compensation may be terminated unless the employee requests a hearing within ten days of receiving the notice.
An employee may request a hearing to have temporary compensation reinstituted after termination. The employee's request must be given the highest possible scheduling priority by the commission. The employer's notice of termination shall contain a waiver by the employer or carrier of the right to thirty days notice of a hearing requested by the employee.
Failure to comply with such rule as to termination or suspension of benefits must this section may result in a twenty five percent penalty of not more than fifty percent imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. GREGORY objected to the Bill.
Rep. M.O. ALEXANDER continued speaking.
The amendment was then adopted.
Rep. J.C. JOHNSON proposed the following Amendment No. 2 (Doc. No. 1453o), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 42-5-70 of the 1976 Code is amended to read:
"Section 42-5-70. (A) All policies insuring the payment of compensation under this title must contain a clause to the effect that, as:
(1) As between the employer and the insurer, the notice to or acknowledgment of the occurrence of the injury on the part of the insured employer shall be is deemed notice or knowledge, as the case may be, on the part of the insurer, that jurisdiction.
(2) Jurisdiction of the insured for the purpose of this title shall be is jurisdiction of the insurer, that the.
(3) The insurer shall in all things be is bound by and subject to the awards, judgments, or decrees rendered against such the insured employer and that insolvency.
(4) Insolvency or bankruptcy of the employer or discharge therein shall in it does not relieve the insurer from the payment of compensation for disability or death sustained by an employee during the life of such the policy or contract.
(B) However, the commission, by regulation, may allow an insurer to provide for a deductible in an amount equal to that provided for pursuant to Section 42-19-10(C)."
SECTION __. Section 42-19-10 of the 1976 Code, as last amended by Act 197 of 1989, is further amended to read:
"Section 42-19-10. (A) Every employer shall keep a record of all injuries, fatal or otherwise, received by any of his employees in the course of their employment on blanks approved by the commission. Within ten days after the occurrence and knowledge thereof of it, as provided in Section 42-15-20, of an injury to an employee requiring medical or surgical attention, a report thereof shall of the injury must be made in writing and mailed to the commission on blanks approved by the Commission it for this purpose.
(B) Such The report shall must contain the name, nature, and location of the business of the employer and the name, age, sex, wages, and occupation of the injured employee and shall must state the date and hour of the accident causing injury, the nature and cause of the injury, and such other information as may be required by the commission.
(C) An injury for which there is no compensable lost time or permanency and the medical treatment does not exceed an amount specified by regulation of the Workers' Compensation commission may be filed in summary on a form and at a time prescribed by the commission. Provided, however However, this form may must not be used to report an injury to the back."/
Renumber sections to conform.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Reps. T. ROGERS and SHORT objected to the Bill.
The following Bill was taken up.
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.
Reps. T. ROGERS, GREGORY and SHORT objected to the Bill.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Wednesday, May 16, 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.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0333l), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina Cemetery Board is reauthorized for six years./
Amend title to conform.
Rep. J. BROWN 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. 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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0332l).
Amend the bill, as and if amended, by inserting the following language at the end of SECTION 2:
/"This continuing education program shall be offered, at a minimum, four times a year at locations easily accessible to participants, and shall be available through correspondence courses. The board must develop procedures to waive the education requirement for licensees who demonstrate competency in the profession. No licensee shall be refused renewal of his license unless he has failed to receive a minimum of six credit hours of continuing education over a two year period."/
Amend title to conform.
Rep. J. BROWN explained the amendment.
Rep. HUFF moved to adjourn debate upon the Bill until Wednesday, May 16, which was adopted.
Further proceedings were interrupted by a Rules Committee Report.
The following was introduced:
H. 5117 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1524, RELATING TO LOBBYING, FOR SECOND READING OR OTHER CONSIDERATION ON TUESDAY, MAY 15, 1990, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR, TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1524 UNTIL THIRD READING OR OTHER DISPOSITION, AND TO PROVIDE THAT ON THE LEGISLATIVE DAY S. 1524 RECEIVES SECOND READING OR OTHER DISPOSITION, S. 1182 RELATING TO SOLID WASTE IS SET BY SPECIAL ORDER FOR SECOND READING OR OTHER CONSIDERATION FOR THE REMAINDER OF THAT LEGISLATIVE DAY.
Be it resolved by the House of Representatives:
That S. 1524 is set by special order for second reading or other consideration on Tuesday, May 15, 1990, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until S. 1524 is given third reading or it is otherwise disposed of.
Be it further resolved that on the legislative day S. 1524 receives second reading or other disposition, S. 1182 is then set by special order for second reading or other consideration for the remainder of that legislative day.
Rep. McTEER explained the House Resolution.
The Resolution was adopted.
The following was introduced:
H. 5118 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1182, RELATING TO SOLID WASTE, FOR SECOND READING OR OTHER CONSIDERATION OR FOR THIRD READING OR OTHER CONSIDERATION, AS APPROPRIATE, IMMEDIATELY FOLLOWING THE THIRD READING OR OTHER DISPOSITION OF S. 1524 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1182 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1182 be set by special order for second reading or other consideration or for third reading or other consideration, as appropriate, immediately following third reading or other disposition of S. 1524 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 1182 is given third reading or it is otherwise disposed of.
Rep. L. MARTIN spoke against the Resolution.
Rep. McTEER spoke in favor of the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The Resolution was adopted by a division vote of 50 to 26.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 10, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc. No. 1467o), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, in Section 1-7-940 of the 1976 Code, as contained in SECTION 1, by striking item (4), page 1411-2, lines 39 through 43, and page 1411-3, lines 1 and 2.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. WILKINS and HAYES proposed the following Amendment No. 3 (Doc. No. 1458o), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, in Section 1-7-920 as contained in SECTION 1 by striking items (1), (2), and (3), page 1411-1, lines 29 through 36, and inserting:
/(1) The Chairmen of the Senate and House Judiciary Committees for the terms for which they are elected or their legislative designees;
(2) The Chief of the South Carolina Law Enforcement Division for the term for which he is appointed;
(3) The Executive Director of the South Carolina Criminal Justice Academy shall serve during the term for which he is appointed;/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
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.
Rep. WILKINS moved to table the Joint Resolution, which was agreed to.
Rep. FELDER moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 10 to 95.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 10, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. CORNING explained the amendment.
The amendment was then adopted.
Rep. WHIPPER proposed the following Amendment No. 2 (Doc. No. 1844X), which was adopted.
Amend the report of the Medical, Military, Public and Municipal Affairs Committee, as and if amended, in Section 23-13-710, as contained in SECTION 1, page 4987-1, by adding beginning on line 40 /No public funds may be expended to provide compensation, including fringe benefits, to a deputy performing services under the contract authorized by this section. Nothing in this section affects the ad valorem tax liability of property in the residential subdivision to which the contract authorized by this section applies./
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. CORNING spoke in favor of the Bill.
Rep. GREGORY objected to the Bill.
Rep. CORNING continued speaking.
Rep. LIMEHOUSE objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
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.
Reps. GORDON, FANT, SNOW and GLOVER objected to the Bill.
Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Wednesday, May 16, which was adopted.
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.
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.
Reps. CARNELL, McABEE and KLAPMAN objected to the Bill.
"Thank you Mr. Speaker, ladies and gentlemen of the House. I would like to take just a few minutes and announce my resignation from the House effective at the Speaker's pleasure. I would like to express my appreciation to Speakers Rogers and Sheheen for great leadership that I think that they have provided the House while I have had the opportunity to serve within it and I would also like to thank our clerk, Mrs. McKinney and her staff for their great help while I was a member. I would particularly like to thank Anne Foster, she's done more in terms of getting me votes through resolutions than I could ever thank her for. I would certainly like to thank you all as members for having tolerated my whatevers from time to time and I can assure you that I will leave this Body a better person than when I came as a result of your perseverance, your tolerations and just your willingness to help me as an up and growing legislator. I certainly hope that my having served here as a member has helped in some way to the benefit of this Body, members of this state. I look forward to serving on the Bench and I certainly appreciate you all for having elected me to that position and I will work very hard, I can assure you, to make you proud of having made that selection. At that, I would like to say thank you."
Rep. WILKINS moved that the House recede until 2:30 P.M., which was adopted.
Rep. BARFIELD moved to reconsider the vote whereby H. 4677 was given a second reading and the motion was noted.
Further proceedings were interrupted by the House receding until 2:30 P.M.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1497o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended to read:
Section 2-17-10. When used in this chapter, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
(a) 'Person' means any individual, firm, partnership, committee, association, corporation or any other organization or group of persons.
(b) 'Legislative agent' shall mean any person who is employed, appointed or retained, with or without compensation, by another person as defined in (a) above to influence in any matter the act or vote of any member of the General Assembly of this State during any regular or special session thereof upon or concerning any bill, resolution, amendment, report, claim, act or veto pending or to be introduced.
(c) 'Lobbyist' shall mean the same as 'legislative agent' as defined in (b) above.
(d)'Lobbying' shall be defined as direct communication with members of the General Assembly or their staff to influence the passage or defeat of legislation.
The General Assembly declares that the operation of responsible democratic government requires that the fullest opportunity be afforded the people to petition their government for the redress of grievances and to express freely to any state official or employee their opinions on legislation, on pending executive actions, and on current issues. The General Assembly further declares that to preserve and maintain the integrity of the governmental policy-making process in South Carolina it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to influence any state official or employee on matters within their official jurisdiction, either by direct communication to any official or employee or by the solicitation of others to engage in these efforts, be publicly and regularly disclosed.
Section 2-17-20. Every person who employs any person to act as counsel or agent to promote or oppose in any manner the passage by the General Assembly of any legislation affecting the pecuniary interest of any person as distinct from those of the whole people of the State or to act in any manner as legislative counsel or agent in connection with any such legislation shall, within ten days of such employment and in all cases before appearing before committees of the General Assembly, cause such lobbyist, agent or counsel to register with the Secretary of State as later provided herein. Each person so registering shall pay a fee of ten dollars and present to the Secretary of State a communication reflecting the authority of the registrant to represent the person, firm, corporation or association by whom he is employed. This communication shall also show the nature of the group or association to be represented and the size and composition of its membership. Based on this registration, each lobbyist or legislative agent shall be issued an identification card by the Secretary of State, which card shall be shown to the committee chairman before the person can appear before any legislative committee.
The Secretary of State shall furnish to each chairman of a standing and special committee of the General Assembly, on a monthly basis, and to the members of the General Assembly every three months, a list of all lobbyists registered with his office.
As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Person' means an individual, partnership, committee, association, corporation, labor organization, and any other organization or groups of persons.
(2) 'Public official' means any elected or appointed official of the State, county, municipality, or other political subdivision, including candidates for the office.
(3) 'Public employee' means any person employed by the State or a county, municipality, or other political subdivision, including candidates for the office.
(4) 'Income' means the receipt or promise of any consideration, whether or not legally enforceable.
(5) 'Expenditure' means the transfer or promise of any consideration, whether or not legally enforceable.
(6) 'Annual filing period' means a period of time beginning thirty days after sine die adjournment and ending thirty days after the next sine die adjournment.
(7) 'Voluntary membership organization' means an organization composed of individuals who are members thereof on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization.
(8) 'Lobbying' means promoting or opposing the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly, promoting or opposing executive approval of legislation, and also includes influencing the adoption or rejection of any regulation, standard, or other legislative enactment of any state agency under the State Administrative Procedures Act.
(9) 'Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person to influence in any manner the act or vote of any member of the General Assembly, the Governor, or any state agency concerning any bill, resolution, amendment, report, claim, act, rule, regulation, standard, rate, or veto pending or to be introduced. 'Lobbyist' also means any nonstate employee who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning. 'Lobbyist' does not include:
(a) an individual expressing a personal opinion on legislative or administrative matters to any public official or public employee;
(b) a person who limits his lobbying activities to appearance before public sessions of committees of the General Assembly, or public hearings of state agencies, provided that the person makes no expenditures for or on behalf of any public official or public employee in connection with lobbying;
(c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or public service district, when appearing solely on matters pertaining to his office and public duties;
(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where the professional services are not otherwise, directly or indirectly, connected with legislative action;
(e) except with respect to a publication of a voluntary membership organization, persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, or other comments, if these persons engaged in no further activities and represent no other person in connection with a legislative matter;
(f) persons who represent established churches solely for the purpose of protecting the rights of their own members or to protect the doctrines of the churches or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;
(g) persons who are running for office elected by the General Assembly or persons soliciting votes on their behalf.
(10) 'Gifts' mean any item, entertainment, food, beverage, travel, and lodging given or paid voluntarily to a public officeholder without the public officeholder providing full and adequate consideration.
(11) 'Travel' means transportation of seventy miles or greater distance for the benefit of a public official or public employee.
(12) 'Legislation' means bills, resolutions, amendments, nominations, and other matters pending or proposed in either the House or Senate and includes any other matter which may be the subject of action by either House.
Section 2-17-30. No person shall be employed as a legislative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the General Assembly or of either branch or any committee thereof.
(A) Any person who acts as a lobbyist shall, within fifteen days of this employment, register with the State Ethics Commission as provided in this chapter. Each person so registering shall pay a fee of two hundred dollars and present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed. However, any lobbyist who files an affidavit that he does not expend any funds nor does he receive any revenue may pay a fifty dollar registration fee.
The State Ethics Commission annually shall furnish to each state agency and each chairman of standing and special committees of the General Assembly, and to the members of the General Assembly, a list of all lobbyists registered with that office. The commission shall furnish monthly updates to the same agencies and persons. The registration must be in that form and contain that information as the commission shall prescribe, including the following:
(1) the full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist;
(2) an identification, so far as possible, of each person on whose behalf the lobbyist expects to perform services as a lobbyist; and an identification, so far as possible, of each person, including each state agency, board, commission, or committee with whom contact will be made while performing lobbying activity.
(B) Each lobbyist who ceases to engage in activities requiring him to register under this chapter shall file a written statement with the commission acknowledging the termination of activities. The notice is effective immediately. Each lobbyist who files a notice of termination under this section shall file reports required by this chapter for any reporting period during which he was registered under this chapter.
(C) A lobbyist shall file a supplemental registration indicating any substantial change in the information contained in the prior registration within ten days after the date of the change.
(D) Each lobbyist shall maintain for not less than five years records which must be available to the commission for inspection and which contain the following information:
(1) the total income received by the lobbyist attributable to lobbying;
(2) the identification of each person from whom income is received and the amount received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contributions to the organization from the member are more than five hundred dollars during that annual filing period;
(3) the total expenditures of the lobbyist for lobbying.
Section 2-17-40. It shall be the duty of every legislative agent to file annually, within thirty days after the final adjournment of the General Assembly, a complete and itemized sworn statement of all contributions and expenditures made, paid, incurred or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter. A legislative agent with other duties is required to report only that income or expense directly related to lobbying. A report shall be filed annually whether or not contributions or expenditures are made. Such reports shall be in such form as shall be prescribed by the Secretary of State and shall be open to public inspection. No legislative agent may be registered or reregistered under the provisions of this chapter until compliance is made with this section.
Each lobbyist, not later than thirty days after the last day of an annual filing period, shall file a report with the commission covering that lobbyist's activities during that annual filing period. Each report must be in that form and contain information as the commission prescribes, including, but not limited to, the following:
(1) the full name, address, and telephone number of the reporting lobbyist;
(2) an identification of each person on whose behalf the reporting lobbyist performed services as a lobbyist during the covered period;
(3) an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist during the covered period;
(4) each legislative, executive, or state agency action the reporting lobbyist sought to influence by subject matter during the covered period;
(5) the identification of each person from whom income is received and the amount received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contributions to the organization from the member are more than five hundred dollars during that annual filing period;
(6) (a) the totals of all expenditures made or incurred by a lobbyist in the performance of his lobbying activity for the benefit of a public official or public employee in the preceding year. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, contributions, office expenses, or that portion of total office expenses attributable to activities covered under the provisions of this chapter, including rent and the wages paid for staff assistance, and other expenses or services, and the total number of individual public officials or employees on whose behalf such expenditures were made, and a list of the names of public officials or employees on whom more than one hundred dollars was spent in any calendar day.
(b) In the case of special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of the public body or bodies invited, and total expense incurred by the person filing must be stated.
(c) any expenditure directly or indirectly related to lobbying if expended while engaged in the general course of lobbying activities and the expenditure is reimbursed by the lobbyist's employer; however, contributions of political action committees which are already disclosed on other public statements are excluded from disclosure.
(7) a statement of any money promised or loaned to any member of the General Assembly, Governor, or public official or public employee;
(8) a statement detailing any direct business association with any current member of the General Assembly, Governor, or public official or public employee.
When total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
Section 2-17-50. The provisions of Section 2-17-20 are not intended and shall not be construed to apply to the following:
(a) An individual expressing a personal opinion on legislative matters to his own legislative delegation or other members of the General Assembly.
(b) A person appearing before a legislative committee at the invitation or request of the committee or a member thereof and who engages in no further activities in connection with that legislative matter.
(c) Any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district or public service district, when appearing only and solely on matters pertaining to his office and public duties.
(d) A person performing professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where such professional services are not otherwise, directly or indirectly, connected with legislative action.
(e) Persons who own, publish or are employed by a newspaper or other regularly published periodical, or who own or are employed by a radio station, television station, wire service or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns or other comments, if such persons engage in no further activities and represent no other person in connection with a legislative matter.
(f) Persons who represent established churches solely for the purpose of protecting the rights of their own members or to protect the doctrines of such churches or on matters deemed to have an adverse effect upon the moral welfare of the membership thereof.
(A) Each state agency or department shall, no later than thirty days after the last day of an annual filing period, file a report with the commission covering the agency's lobbying activities during that annual filing period. Each report must be in that form and contain information as the commission shall prescribe, including, but not limited to:
(1) an identification of each agency official, employee, or other person who engaged in lobbying during the covered period;
(2) each legislative, executive, or state agency action the persons identified in item (1) above sought to influence by subject matter during the covered period;
(3) the identification of each person from whom income is received and the amount received but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contributions to the organization from the member are more than five hundred dollars during that annual filing period;
(4) the totals of all expenditures made or incurred by these persons identified in item (1) above in the performance of his lobbying activities for the benefit of a public official or public employee during the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, contributions, office expenses, including rent and the wages paid for staff assistance, and other expenses or services, and the total number of individual public officials or employees on whose behalf the expenditures were made, and a list of the names of public officials or employees on whom more than one hundred dollars was spent in any calendar day.
(B) In the case of special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of public body or bodies invited, and total expenses incurred by the person filing must be stated.
When total amounts are required to be reported, totals must be reported for the entire year to date.
The reports required by this section are not required from any agency whose only activity is appearing before any committee of the General Assembly at the request of that committee or any members of that committee.
Section 2-17-60. Any legislative counsel or agent and any employer of such legislative counsel or agent violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred nor more than five hundred dollars or imprisoned not exceeding sixty days, within the discretion of the court. Provided, that any person convicted of a violation of the provisions of this chapter shall not serve, register or otherwise act in the capacity of a lobbyist in this State for a period of two years following his conviction.
The commission has the power:
(1) to require any person to submit in writing reports and answers to questions as the commission may prescribe. The submission must be made within a reasonable period and under oath or otherwise as the commission may determine;
(2) to administer oaths;
(3) to require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;
(4) to order testimony to be taken in any proceeding or investigation by deposition before any person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony and the production of evidence in the same manner as authorized under item (3) of this subsection;
(5) to request the Attorney General to initiate through civil proceedings for injunctive relief and through presentation to grand juries, prosecute, defend, or appear in any civil or criminal action in the name of the commission for the purpose of enforcing the provisions of this chapter;
(6) to promulgate regulations to carry out the provisions of this chapter; however, regulations promulgated by the commission under the provisions of this chapter must be limited to and include only the forms necessary to accomplish the purposes of this chapter;
(7) in addition to any other penalty in this chapter, to require any person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within five days after the established deadline provided in this chapter;
(b) a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars.
Section 2-17-70. The Attorney General shall, upon complaint made to him, take appropriate action to enforce the provisions of this chapter.
The commission has the following duties:
(1) to develop forms for the filing of notices of registration, representation, and reports required by this chapter, and to furnish the forms to lobbyists upon request;
(2) to issue identification cards to each lobbyist before the lobbyist can engage in lobbying and prior to January tenth of each succeeding year;
(3) to prepare a manual setting forth recommended uniform methods of bookkeeping and reporting and to furnish a manual to lobbyists upon request;
(4) to develop a filing, coding, and cross-indexing system consonant with the purpose of this chapter;
(5) to make the notices of registration and reports filed with it available for public inspection and copying as soon as may be practicable after receipt of them and to permit copying of any report or statement by hand or by duplicating machine, as requested by any person, at the expense of the person;
(6) to preserve the originals or copies of notices and reports for a period of three years from date of receipt;
(7) to ascertain whether any lobbyist has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations prescribed by the commission under this chapter;
(8) to have information, so compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period;
(9) to receive complaints and make investigations with respect to the notices and reports filed under the provisions of this chapter, and with respect to alleged failures to file any statement or reports required under the provisions of this chapter, and, upon complaint by any individual, with respect to alleged violations of any part of this chapter;
(10) to prepare a special study or report upon request of any member of the House of Representatives or the Senate from information in the records of the commission;
(11) to prepare and publish those other reports as considered appropriate;
(12) to recommend to the General Assembly legislation considered necessary to carry out the purposes of this chapter.
Section 2-17-80. No person may be employed as a lobbyist for compensation dependent in any manner upon the passage or defeat of any proposed legislation or administrative matter or upon any other contingency connected with the action of the Governor, the General Assembly or any committee thereof, or any state agency.
Section 2-17-90. Any lobbyist who acts in violation of the provisions of this chapter where the lobbyist either knew or should have known that such action was in violation of the provisions of this chapter, any person who falsifies all or part of any notice of representation or report which he files with the commission under this chapter, and any person who falsifies or forges all or part of any communication to influence legislative or executive action is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than ninety days or both. In addition, any lobbyist convicted of a misdemeanor under the provisions of this section is barred from acting as a lobbyist for a period of three years from the date of the conviction."
SECTION 2. This act takes effect January 1, 1991./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Reps. SHEHEEN, McEACHIN and WILKINS proposed the following Amendment No. 2 (Doc. No. 1530o), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, in Section 2-17-90 of the 1976 Code by inserting immediately after /chapter,/ on line 19 of page [1524-14] /or/; and by striking /and/ on line 22 of page [1524-14] and inserting /or/.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Reps. SHEHEEN, McEACHIN, McELVEEN, WILKINS, HENDRICKS, GENTRY, CLYBORNE, HAYES, HUFF, HODGES, KEESLEY, BOAN, J.W. JOHNSON, HARRISON and BARBER proposed the following Amendment No. 3 (Doc. No. 1886X), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, in Section 2-17-20(9)(a) of the 1976 Code, as contained in SECTION 1, by inserting immediately after /employee/ on line 26, page [1524-4] the following: /, or any individual who receives no compensation to engage in lobbying activities and does not make expenditures or incur obligations in an aggregate amount in excess of one thousand dollars to or for the benefit of any public officials or public employees in an annual filing period/.
Amend the report of the Committee on Judiciary further, as and if amended, in Section 2-17-30(A) of the 1976 Code, as contained in SECTION 1, by striking /fifty/ on line 7 of page [1524-6] and inserting /ten/.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Reps. SHEHEEN, McEACHIN, McELVEEN, WILKINS, HENDRICKS, GENTRY, CLYBORNE, HAYES, HUFF, HODGES, KEESLEY, BOAN, J.W. JOHNSON, HARRISON and BARBER proposed the following Amendment No. 4 (Doc. No. 1545o), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, in Section 2-17-30(D)(2) by inserting immediately after /dollars/ on line 14 of page [1524-7] /and more than ten percent of the total contributions to the organization/.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN spoke in favor of the Bill.
Reps. SHEHEEN, McEACHIN, McELVEEN, WILKINS, HENDRICKS, GENTRY, CLYBORNE, HAYES, HUFF, HODGES, KEESLEY, BOAN, J.W. JOHNSON, HARRISON and BARBER proposed the following Amendment No. 5 (Doc. No. 1888X), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, in Section 2-17-20 of the 1976 Code, as contained in SECTION 1, page 1524-5, lines 3 through 12, by striking subitem (e) and inserting:
/(e) persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, or other comments, if these persons engaged in no further activities and represent no other person in connection with a legislative matter. This exception applies to a publication which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The motion to adjourn was then agreed to.
The Senate returned to the House with concurrence the following:
H. 5114 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND DICKIE FELDER OF SUMMERTON FOR HIS OUTSTANDING SERVICE AS A TOWN COUNCILMAN OF THE TOWN OF SUMMERTON.
At 3:05 P.M. the House in accordance with the motion of Rep. KEEGAN adjourned in memory of Francis J. Perna of Lake Murray to meet at 10:00 A.M. tomorrow.
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