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:
O Lord our God, we know not what this day will bring, but of one thing we can be assured: that You will be with us all this day. You have promised never to leave us or forsake us. Add, then, to our strength that strength that comes to those who claim Your presence. Lead us moment by moment and step by step in the direction of right conclusions. Give us an inner serenity, an outward courtesy, and an obedience to conscience in all that we think and say and do. Deliver us from confused thinking and unclear speech. Hold us securely to the unchanging laws of the Ten Commandments and the eternal truths of the Sermon on the Mount.
Thank You, our Father, for this privilege of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received from the Senate.
Columbia, S.C., May 29, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4360:
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
and asks for a Committee of Conference and has appointed Senators Holland, Stilwell and Bryan of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 102
Whereupon, the Chair appointed Reps. HAYES, NETTLES and HUFF to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5154 -- Reps. McBride, J. Brown, Faber, Taylor, Quinn, Waites, T. Rogers, Harrison, Corning and T.M. Burriss: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO THE REVEREND DR. MAXIE SYLVESTER GORDON OF COLUMBIA UPON HIS RETIREMENT AS PASTOR OF FIRST CALVARY BAPTIST CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5155 -- Reps. Koon, McEachin, McLeod, Rhoad, G. Brown, Klapman, Sturkie, Derrick and Limehouse: A CONCURRENT RESOLUTION TO CONGRATULATE SPECIAL AGENT MARK A. KEEL, OF COLUMBIA, UPON BEING NAMED THE 1990 LAW ENFORCEMENT OFFICER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1621 -- Senator Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAURENS HIGH SCHOOL RAIDER BASEBALL TEAM FOR WINNING THE CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1622 -- Senator Waddell: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM A. MCINNIS, OF COLUMBIA, UPON HIS RETIREMENT FROM STATE EMPLOYMENT, TO THANK HIM FOR HIS MANY YEARS OF EXCELLENT AND DEDICATED SERVICE, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1623 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICHLAND COUNTY REPUBLICAN WOMEN'S CLUB AND TO THANK THEM FOR DEVOTING NUMEROUS AND TIRELESS HOURS TO PROMOTE THE CONSERVATIVE CAUSE AND REPUBLICAN CANDIDATES.
The Concurrent Resolution was ordered referred to the Richland Delegation.
The following was introduced:
H. 5156 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. BESSIE MCNEILL MELLETTE OF TURBEVILLE IN CLARENDON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND FRIENDS.
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. 5157 -- Rep. Blackwell: A BILL TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD.
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1342 -- Senators Land and Lourie: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO ELIMINATE THAT FUND, DELETE PROVISIONS, ESTABLISH THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND, PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND FROM ENTERING INTO AN AGREEMENT FOR REIMBURSEMENT OF EXPENSES, COSTS, OR BENEFITS PAID BY THE FUND, DEFINE THE TERM "COSTS", AND PROVIDE FOR THE ANNUAL MAINTENANCE OF THIS FUND AT A LEVEL OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS, RATHER THAN THE MINIMAL TWO HUNDRED THOUSAND DOLLARS FOR THE FORMER INSOLVENCY FUND.
Referred to Committee on Labor, Commerce and Industry.
S. 1588 -- Senator Giese: 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.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following was introduced:
H. 5158 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ELIZABETH YARBOROUGH PLAYER OF COLUMBIA, UPON HER RECENT DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5159 -- Rep. Harwell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO USE THEIR INFLUENCE TO CONVINCE PRESIDENT MIKHAIL S. GORBACHEV, PRESIDENT OF THE U.S.S.R. TO REPUDIATE THE INFAMOUS TREATY IMPOSED BY ADOLF HITLER AND JOSEF STALIN WHICH ANNEXED THE BALTIC NATIONS OF ESTONIA, LATVIA, AND LITHUANIA TO THE U.S.S.R. AND TO REMOVE THE SOVIET UNION'S BLOCKADE AND OPPOSITION AGAINST THOSE FREEDOM-LOVING PEOPLE WHO JUSTIFIABLY SEEK THEIR INDEPENDENCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. CORBETT moved that when the House adjourns it adjourn in memory of Mr. Stanley Anthony, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Elliott Faber Fair Fant Farr Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 30, 1990.
Thomas E. Huff Holly Cork Mike Jaskwhich Irene K. Rudnick John Felder Tim Wilkes Ronald P. Townsend Mickey Burriss C. Lenoir Sturkie
DOCTOR OF THE DAY
Announcement was made that Dr. John R. Walters of Columbia is the Doctor of the Day for the General Assembly.
Reps. McLELLAN, CARNELL and WASHINGTON made statements relative to Rep. BLACKWELL'S dedicated service to the House and extended best wishes upon his retirement from the House and in his future endeavors.
Rep. BLACKWELL made a statement relative to his retirement from the House.
Rep. T. ROGERS, from the Richland Delegation, submitted a favorable report, on:
S. 1623 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICHLAND COUNTY REPUBLICAN WOMEN'S CLUB AND TO THANK THEM FOR DEVOTING NUMEROUS AND TIRELESS HOURS TO PROMOTE THE CONSERVATIVE CAUSE AND REPUBLICAN CANDIDATES.
On motion of Rep. T. ROGERS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1623 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICHLAND COUNTY REPUBLICAN WOMEN'S CLUB AND TO THANK THEM FOR DEVOTING NUMEROUS AND TIRELESS HOURS TO PROMOTE THE CONSERVATIVE CAUSE AND REPUBLICAN CANDIDATES.
Whereas, the Richland County Republican Women's Club is a part of The National Federation of Republican Women; and
Whereas, the club members spend thousands of thankless hours working hard for the Republican Party and supporting its candidates; and
Whereas, the Richland County Republican Legislators desire to express their strong appreciation for all of the club members work, not only in Richland County but statewide. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize the Richland County Republican Women's Club and thank them for devoting numerous and tireless hours to promote the conservative cause and Republican candidates.
Be it further resolved that a copy of this resolution be forwarded to the Richland County Republican Women's Club.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Bills and Joint Resolution 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. 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.
S. 1589 -- Senators Mullinax, Macaulay and O'Dell: 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.
S. 472 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING DECEMBER, JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. RAMA moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5132 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-585 SO AS TO PROVIDE THAT A DESIGNATED INSURER PRODUCER OF THE REINSURANCE FACILITY IS ENTITLED TO APPOINT ONE OF ITS OFFICERS OR EMPLOYEES TO THE GOVERNING BOARD OF THE FACILITY UNDER CERTAIN CONDITIONS.
Rep. LIMEHOUSE explained the Bill.
S. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.
S. 912 -- Senator Waddell: A BILL TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.
S. 1389 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 1390 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.
S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: A BILL TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.
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.
H. 5068 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.
The following Bill was taken up.
S. 1391 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Reps. WASHINGTON, RAMA, J. BAILEY, BARBER and KIRSH objected to the Bill.
The following Bill was taken up.
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.
Rep. WRIGHT objected to the Bill.
Rep. HAYES explained the Bill.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Thursday, May 31, which was adopted.
The following Bill was taken up.
S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.
Rep. HAYES explained the Bill.
Reps. MAPPUS, KLAPMAN and HALLMAN objected to the Bill.
The following Bill was taken up.
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1546o).
Amend the bill, as and if amended, by striking SECTION 1, page 2, beginning on line 7, and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-605. (A) For purposes of Section 20-7-600, 'adult jail' or other place of detention for adults includes a state, county, or municipal police station, law enforcement lockup, or holding cell. 'Secure confinement' means an area having bars or other restraints designed to hold one person or a group of persons at a law enforcement location for any period of time and for any reason. Secure confinement in an adult jail or other place of detention does not include a room or a multipurpose area within the law enforcement center which is not secured by locks or other security devices. Rooms or areas of this type include lobbies, offices, and interrogation rooms. Juveniles held in these areas are considered to be in nonsecure custody as long as the room or area is not designed for, or intended for use as, a residential area, the juvenile is not handcuffed to a stationary object while in the room or area, and the juvenile is under continuous visual supervision by facility staff while in this room or area which is located within the law enforcement center.
(B) Juveniles may be held in nonsecure custody within the law enforcement center for only the time necessary for purposes of identification, investigation, detention and intake screening, awaiting release to parents or other responsible adult, or awaiting transfer to a juvenile detention facility or to the court for a detention hearing.
(C) Secure confinement also does not include a room or area used by law enforcement for processing 'booking' purposes, irrespective of whether it is determined to be secure or nonsecure, as long as the juvenile's confinement in the area is limited to the time necessary to fingerprint, photograph, or otherwise 'book' the juvenile in accordance with state law.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another."/
Amend further by striking Section 20-7-600(G), as contained in SECTION 3, page 6, beginning on line 31, and inserting:
/(G) After January 1, 1982, a A child who is taken into custody because of a violation of law which would not be a criminal offense under the laws of this State if committed by an adult must not be placed or ordered detained in a an adult detention facility. A child who is taken into custody because of a violation of the law which would not be a criminal offense under the laws of this State if committed by an adult must not be placed or ordered detained more than twenty-four hours in a juvenile detention facility, unless an order previously has been issued by the court, of which the child has notice and which notifies the child that further violation of the court's order may result in the secure detention of that child in a juvenile detention facility. If a juvenile is ordered detained for violating a valid court order, the juvenile may be held in secure confinement in a juvenile detention facility for not more than seventy-two hours, excluding weekends and holidays. However, nothing in this section precludes a law enforcement officer from taking a status offender in custody./
Amend further, Section 20-7-3230(A)(4), as contained in SECTION 4, page 10, and line 13, by striking /published/ and inserting /announced/ so that when amended Section 20-7-3230(A)(4) reads:
/(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include a secure juvenile detention center. However, this secure juvenile detention center shall cease to be operated as a preadjudicatory juvenile detention center two years after the facility becomes operational unless specifically renewed and reauthorized as a preadjudicatory juvenile detention center by the General Assembly. The size and capacity of this juvenile detention facility must be determined by the department after its consideration and review of recognized national standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of its juvenile detention center and in providing for the construction and operation of the facility. However, the size and capacity of this juvenile detention center may not exceed thirty beds. Upon completion of construction and upon the department's determination that the facility is staffed in accordance with existing standards and, therefore, can be operated in accordance with these standards, the department shall determine and announce the maximum operational capacity of the facility. Before September 2, 1990, the department shall determine and announce the anticipated maximum operational capacity of this facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing this facility upon the facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, of the availability of this facility, and of the per diem and transportation requirements set forth in this section if this facility is to be used by the county. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. A juvenile must not be ordered detained by the court in this juvenile detention center nor may the department accept a juvenile into this facility if his detention causes the department to exceed the announced operational capacity. A juvenile ordered detained in this facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The department shall determine an amount of per diem for each child detained in this center, which must be paid by the committing county. The per diem paid by the county may not exceed the daily average cost of a juvenile committed to the department and must be placed in a separate account by the department for operation of this facility./
Amend further by striking SECTION 5, page 10, beginning on line 32, and inserting:
/SECTION 5. This act takes effect upon approval by the Governor, except Sections 1 and 3 which take effect January 1, 1992./
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. KLAPMAN moved to adjourn debate upon the Bill until Thursday, May 31, which was adopted.
Rep. BAXLEY moved to reconsider the vote whereby debate was adjourned on the following Bill.
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. LIMEHOUSE moved to table the motion to reconsider, which was not agreed to by a division vote of 24 to 58.
The question then recurred to the motion to reconsider, which was agreed to.
Reps. FARR, RAMA, BURCH, LIMEHOUSE, DAVENPORT, HARWELL and D. WILLIAMS objected to the Bill.
The following Bill was taken up.
S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.
Rep. McLEOD proposed the following Amendment No. 1 (Doc. No. 1778o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 56-5-5351. Any truck with more than four wheels or a tractor-trailer does not have to be jacked up or otherwise elevated in order to receive the inspection required by the provisions of this article. Any component of the inspection which can only be accomplished by the jacking up or elevation of a truck with more than four wheels or a tractor-trailer is hereby waived."/
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. ALTMAN explained the Bill.
Rep. SIMPSON proposed the following Amendment No. 2 (Doc. No. 0202o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-5350(a) and (b) of the 1976 Code is amended to read:
"(a) Effective on and after January 1 December 31, 1969 1968, the Highway Department of Highways and Public Transportation shall require that every vehicle registered in this State, except house trailers, shall must be inspected at least once a year and have displayed at all times a Highway department-approved certificate of inspection and approval in a practical location specified by the department. The expiration date of the inspection must be displayed on both sides of the certificate. No person shall may drive or move on any a highway any a vehicle, except house trailers, unless there shall be is in effect and properly displayed thereon a current certificate of inspection.
(b) Such inspection shall Inspection must be made of every such the vehicle and such certificates obtained with respect to the mechanism, lights, safety belts, tires, brakes, license plate, and equipment of such the vehicle as shall be designated by the Highway department. Inspection of the license plate of the vehicle must be made to insure that it is not defaced. All vehicle inspections as provided for in this article must include an inspection to determine if the motor vehicle meets the requirements for the installation of sunscreen devices as provided in Section 56-5-5015. Visual examination of vehicle emission control equipment must be performed as a part of the inspection except for those vehicles which were not required to have the equipment when manufactured."
SECTION 2. Section 56-5-5360(d) of the 1976 Code is amended to read:
"(d) Official inspection stations may charge a fee of not more than two six dollars and fifty cents for each inspection and fifty cents one dollar for the issuance of inspection certificates. Provided, that if any If a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection originally. Inspection forms shall must be prepared by the State Highway Department Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents one dollar each."
SECTION 3. Section 56-5-5360(g) of the 1976 Code is amended to read:
"(g) All such fees collected by the Highway Department shall be credited to the State highway fund and used for the administration of this article, and for other purposes of that Department. All vehicle inspection stations must display to the public a sign easily visible from a distance of at least twenty-five feet from the main entrance of the inspection station. The sign must have the following printed on it: 'Certified Vehicle Inspection Station'."
SECTION 4. Section 56-5-5360 of the 1976 Code, as last amended by Act 616 of 1988, is further amended by adding:
"(h) Official inspection stations must be open for inspection during regular business hours. This is not intended to in any way limit the ability of stations to conduct vehicle inspections at additional times.
(i) All fees collected by the department must be credited to the state highway fund and used for the administration of this article and for other purposes of the department."
SECTION 5. This act takes effect July 1, 1990./
Amend title to conform.
Rep. SIMPSON explained the amendment.
Rep. BRUCE spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. BRUCE having the floor.
Rep. SHARPE moved that the House recur to the morning hour.
Rep. McCAIN moved to table the motion, which was agreed to.
Rep. WOFFORD withdrew her objection to the following Joint Resolution.
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. TAYLOR and FABER withdrew their objections to the following Bill.
S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.
Rep. WASHINGTON withdrew his objection to the following Bill.
S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.
Rep. WHIPPER withdrew her objection to S. 1080 however, other objections remained upon the Bill.
Reps. KIRSH and LIMEHOUSE withdrew their objections to the following Bill.
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.
Rep. BLANDING withdrew his objection to the following Bill.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
Rep. BLANDING withdrew his objection to S. 1080 however, other objections remained upon the Bill.
Rep. BLANDING withdrew his objection to the following Joint Resolution.
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.
Rep. HENDRICKS withdrew his objection to the following Bill.
H. 4981 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.
Rep. LIMEHOUSE withdrew his objection to the following Joint Resolution.
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.
Rep. DAVENPORT withdrew his objection to the following Bill.
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. WHIPPER withdrew her objection to the following Bill.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
Rep. KEESLEY withdrew his objection to S. 593 however, other objections remained upon the Bill.
Rep. KEESLEY withdrew his objection to the following Bill.
S. 543 -- Senators Horace C. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-1075, SO AS TO ALLOW A SELLER TO CONVEY A SUBDIVISION LOT PURSUANT TO A PLAT UNAPPROVED BY THE APPROPRIATE PLANNING COMMISSION AND UNRECORDED IN THE APPROPRIATE OFFICE BY MEANS OF A CONDITIONAL SALES CONTRACT VOIDABLE BY THE PURCHASER IF THE PLAT IS NOT APPROVED AND RECORDED WITHIN ONE YEAR OF THE EXECUTION OF THE CONTRACT AND IF THE CONSIDERATION OF THE CONDITIONAL SALE IS HELD IN ESCROW IN A FEDERALLY INSURED ACCOUNT IN A FINANCIAL INSTITUTION PENDING TIMELY APPROVAL AND RECORDING OF THE PLAT AND SUBJECT TO RETURN OF THE CONSIDERATION TO A PURCHASER WHO VOIDS THE CONTRACT ON THE SELLER'S FAILURE TO MEET THE APPROVAL AND RECORDING TIME LIMIT; AND TO AMEND SECTION 6-7-1080, RELATING TO THE OFFENSE OF SELLING LOTS BY REFERENCE TO AN UNAPPROVED AND UNRECORDED PLAT, SO AS TO EXEMPT FROM THE OFFENSE LOTS SOLD PURSUANT TO THE CONDITIONAL SALES CONTRACT AUTHORIZED IN SECTION 6-7-1075 AS ADDED BY THIS ACT.
Rep. T. ROGERS withdrew his objection to the following Bill.
H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
On motion of Rep. McCAIN, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
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.
Rep. McCAIN moved to reconsider the vote whereby S. 1585 was given a third reading and the motion was noted.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 907 -- Senator Moore: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR AUTOMOBILE INSURERS TO WRITE COVERAGE FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE AND SMALL COMMERCIAL RISKS, SO AS TO REQUIRE NOTICES OF CANCELLATION TO STATE IN BOLD TYPE THE COMPULSORY AUTOMOBILE LIABILITY AND UNINSURED MOTORIST INSURANCE REQUIREMENT OF THE LAWS OF THIS STATE AND THE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE NOTICE LANGUAGE TO BE PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSION.
On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 1374 -- Senator Drummond: A BILL TO AMEND SECTION 48-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.
Rep. GREGORY, with unanimous consent, withdrew his objection to the following Bill.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
Rep. DAVENPORT, with unanimous consent, withdrew his objection to S. 951 however, other objections remained upon the Bill.
Rep. HENDRICKS asked unanimous consent to recall S. 1463 from the Committee on Ways and Means.
Rep. KLAPMAN objected.
Rep. FARR, with unanimous consent, withdrew his objection to S. 951 however, other objections remained upon the Bill.
The Senate amendments to the following Bill were taken up for consideration.
H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
Rep. McLELLAN explained the Senate amendment.
Rep. T. ROGERS spoke in favor of the amendment.
The question then recurred to the motion to concur or non-concur.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Baxley Blackwell Mappus McEachin McElveen McGinnisWilliams, J.
So, 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. FARR moved that the House recur to the morning hour.
Rep. WILKINS moved to table the motion, which was agreed to by a division vote to 49 to 18.
The Senate amendments to the following Bill were taken up for consideration.
H. 4559 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.
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. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
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. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Rep. T.M. BURRISS 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. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.
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.
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. FELDER 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.
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 House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following was received.
Columbia, S.C., May 30, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. J.W. JOHNSON the invitation was accepted.
The Senate amendments to the following Joint Resolution were taken up for consideration.
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.
Rep. KIRSH explained the Senate amendment.
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.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R634) S. 1403 -- Senator Bryan: AN ACT TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-2-109, 62-2-207, 62-2-301, 62-2-302, 62-2-402, 62-2-801, 62-3-108, 62-3-203, 62-3-301, 62-3-603, 62-3-605, 62-3-704, 62-3-706, 62-3-715, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-904, 62-3-1001, 62-3-1003, 62-3-1201, 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, 62-5-103, 62-5-433, 62-6-104, 62-7-302, 62-7-603, ALL AS AMENDED, AND SECTIONS 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-206, 62-2-401, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-3-106, 62-3-109, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-610, 62-3-705, 62-3-707, 62-3-719, 62-3-911, 62-3-914, 62-3-916, 62-3-1002, 62-3-1005, 62-3-1006, 62-3-1202A, 62-3-1203, 62-3-1204, 62-4-205, 62-5-101, 62-5-425, 62-5-503, 62-7-201, 62-7-204, 62-7-205, 62-7-408, 15-51-20, 20-1-80, 34-11-10, 34-11-130, AND 34-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROBATE CODE AND OTHER RELATED PROVISIONS OF LAW, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE AND TO CONFORM RELATED PROVISIONS OR MAKE THEM SUBJECT TO THE REVISED 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; TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT; TO ADD SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED; AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND SUBSECTION (h) OF SECTION 62-3-914 RELATING TO CERTAIN TAX AND ESTATE PROVISIONS.
(R635) S. 1607 -- 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.
(R636) S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
(R637) S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.
(R638) S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R639) S. 1603 -- Senator Bryan: AN ACT TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
(R640) H. 3129 -- Rep. McLellan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-595 SO AS TO PROVIDE FOR THE SELECTION OF APPLICANTS FOR DESIGNATED PRODUCERS BY THE GOVERNING BOARD; TO AMEND SECTION 38-1-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH AN INSURANCE BROKER MAY PLACE INSURANCE AND TO PROVIDE ADDITIONAL INSURANCE COVERAGE AS SURPLUS LINE INSURANCE; TO AMEND SECTION 38-45-10, RELATING TO DEFINITIONS OF INSURANCE BROKER, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH AN INSURANCE BROKER MAY PLACE INSURANCE; AND TO AMEND SECTION 38-77-590, RELATING TO DESIGNATED PRODUCERS, SO AS TO INCREASE TO TEN YEARS THE YEARS OF LICENSURE FOR AN APPLICANT.
(R641) 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.
(R642) H. 5021 -- Rep. Gordon: AN ACT TO AMEND SECTION 7-7-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
(R643) H. 4199 -- Rep. Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.
(R644) H. 4879 -- Rep. Wilkins: AN ACT TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.
(R645) H. 4700 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, AND 23-45-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
(R646) H. 5128 -- Rep. Bruce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.
(R647) H. 5129 -- Rep. Baxley: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.
(R648) H. 5085 -- Rep. McAbee: AN ACT 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.
(R649) 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.
(R650) H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.
(R651) H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: AN ACT 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 THE FIRST PENALTY DATE ON PROPERTY TAXES FOR THAT TAX YEAR.
(R652) H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; AND TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS.
(R653) H. 4924 -- Rep. Blackwell: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.
(R654) H. 4747 -- Reps. Harvin and Blackwell: AN ACT 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 PROVISION FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO AMEND SECTION 58-12-130, RELATING TO CABLE TELEVISION, FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, THE ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT, SO AS TO DELETE CERTAIN PROVISIONS AND TO REQUIRE EACH CABLE TELEVISION COMPANY IN SOUTH CAROLINA TO MAKE AVAILABLE ONE SIX MEGAHERTZ CHANNEL FOR THE TRANSMISSIONS OF THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION.
At 11:55 A.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., May 30, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Moore, and Setzler of the Committee of Conference on the part of the Senate on H. 4800:
H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL);
(Abbreviated Title)
Very respectfully,
President
No. 085
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.
Rep. McEACHIN explained the Senate amendment and moved to adjourn debate upon the Senate amendment, which was adopted.
The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.
Rep. KEYSERLING 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 Joint Resolution were taken up for consideration.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Rep. KIRSH moved to adjourn debate upon the Senate amendments, which was adopted.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
S. 1602 -- Senators Pope, Martin, Lourie and McConnell: 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 IS RETIRING EFFECTIVE SEPTEMBER 30, 1990.
The PRESIDENT announced that nominations were in order for a Judge for the Circuit Court, at Large Seat 3.
Senator McGill nominated M. Duane Shuler of Kingstree as follows:
"Mr. Speaker, our Chief Justices over here on the wall, the members of the Senate and members of the House, ladies and gentlemen...It is certainly a pleasure for me to come up here today. It is certainly an opportunity for me because it is a historic occasion. It is the first time that I have ever had the opportunity to come into the House to speak at a Joint Assembly. But, today it is a very historic occasion for Williamsburg County. It has been over 32 years since we have had a circuit judge come from that area and certainly we are very delighted and I'm happy to put this name in nomination today. This individual is 42 years of age, he's running for Seat No. 3 of the Circuit Court At-large. He's married to Glenda Brown Shuler and has a daughter, Liza, and a son, Jonathan, and he graduated from Clemson University and also, the University of South Carolina Law School. He is an active Presbyterian. He served as city judge in the town of Kingstree for a good many years. He was public defender for Williamsburg County and also, he is now presently the Assistant Solicitor. Ladies and gentlemen, I just wanted to let you know that this man has served 15 years already as an attorney in Williamsburg County and I just wanted to let you know how much I appreciate you giving me the opportunity to come before you to nominate Mr. M. Duane Shuler. Thank you."
Rep. McEACHIN, Rep. NETTLES, Rep. HARWELL, Senator Macaulay, on behalf of the Oconee Delegation; Senator Saleeby on behalf of the Darlington Delegation; Rep. McELVEEN on behalf of the Sumter Delegation; Senator Land on behalf of the Clarendon Delegation; Rep. TIM ROGERS, Rep. GREGORY, Rep. ELLIOTT on behalf of the Horry Delegation; Senator O'Dell on behalf of the Abbeville Delegation and Rep. FELDER seconded the nomination of Mr. SHULER.
On motion of Senator Land nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. M. Duane Shuler was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:10 P.M. the House resumed, the SPEAKER in the Chair.
The following Concurrent Resolution was taken up.
S. 1537 -- Senators Waddell, Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT RESIDENT INDIVIDUALS AND SOUTH CAROLINA CORPORATIONS BIDDING ON STATE OR LOCAL GOVERNMENT CONTRACTS FOR HURRICANE HUGO DEBRIS REMOVAL MAY SUBSTITUTE FOR PERFORMANCE AND PAYMENT BONDS SECURITY IN THE FORM OF CASH, CERTIFICATES OF DEPOSIT, OR OTHER FORMS OF SECURITY CONSIDERED ACCEPTABLE TO THE AGENCY LETTING THE CONTRACT.
Be it resolved by the Senate, the House of Representatives concurring:
That resident individuals and South Carolina corporations bidding on state and local government contracts for Hurricane Hugo debris removal may substitute cash, certificates of deposit, or other forms of security acceptable to the agency letting the contract for the performance and payment bonds required by the South Carolina Consolidated Procurement Code and similar procurement provisions adopted by local units of government.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 5076 -- Reps. Tucker, Quinn, Fant, Townsend, Kay, P. Harris, Hendricks, Beasley, Cooper, T.M. Burriss, Chamblee, Simpson, L. Martin, McLellan, Mattos, Harrison, Limehouse, Rama, Corbett, G. Bailey, Farr, Haskins, Vaughn, T.C. Alexander, Phillips, McAbee, Wright and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY NAME THE BASEBALL FIELD AT THE UNIVERSITY BILL WILHELM FIELD.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Board of Trustees of Clemson University to name the baseball field at the University Bill Wilhelm Field.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of the Board of Trustees.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. BAXLEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5152 -- Reps. Rama, Barber, Hallman, J. Bailey, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE TO THE HOUSE OF REPRESENTATIVES OF THEIR FRIEND AND COLLEAGUE, REPRESENTATIVE TED MAPPUS OF CHARLESTON, ON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.
H. 5153 -- Rep. McLellan: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM A. MCINNIS, OF COLUMBIA, UPON HIS RETIREMENT FROM STATE EMPLOYMENT, TO THANK HIM FOR HIS MANY YEARS OF EXCELLENT AND DEDICATED SERVICE, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
H. 5154 -- Reps. McBride, J. Brown, Faber, Taylor, Quinn, Waites, T. Rogers, Harrison, Corning and T.M. Burriss: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO THE REVEREND DR. MAXIE SYLVESTER GORDON OF COLUMBIA UPON HIS RETIREMENT AS PASTOR OF FIRST CALVARY BAPTIST CHURCH.
H. 5155 -- Reps. Koon, McEachin, McLeod, Rhoad, G. Brown, Klapman, Sturkie, Derrick and Limehouse: A CONCURRENT RESOLUTION TO CONGRATULATE SPECIAL AGENT MARK A. KEEL, OF COLUMBIA, UPON BEING NAMED THE 1990 LAW ENFORCEMENT OFFICER OF THE YEAR.
H. 5156 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. BESSIE MCNEILL MELLETTE OF TURBEVILLE IN CLARENDON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND FRIENDS.
H. 5158 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ELIZABETH YARBOROUGH PLAYER OF COLUMBIA, UPON HER RECENT DEATH.
At 12:15 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Mr. Stanley Anthony to meet at 10:00 A.M. tomorrow.
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