Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Gracious God, we are grateful for Your handiwork in the world all around which makes our earth a tapestry of beauty and holiness. As the flowers and the trees respond to the sunshine and the showers, may we respond equally to Your guidance. Give us the determination to do our work well, eyes to see clearly Your truths, and wills to follow unfalteringly Your way. May Your mighty plans and purposes find their coronation in our deliberations and decisions this day and always.
Hear favorably our prayer which we offer in thanksgiving to a good and caring Heavenly Father. 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 Reps. COOPER and KLAPMAN.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The question of a quorum was raised.
A quorum was later present.
The following was received.
June 5, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 5085, R-648, 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.
This veto is based upon an opinion of the Attorney General's Office dated June 4, 1990, which states in concluding:
"The act bearing ratification number 648 of 1990, as described above, clearly relates only to McCormick County. Thus, H. 5085, R-648 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 5085, R-648, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...
"In addition, this act is a special act. Article III, Section 34 (IX) prohibits the adoption of a special law where a general law may be made applicable. By general law as expressed in Section 3 of Act No. 283 of 1975 (the Home Rule Act), a county council has been authorized to amend or modify local legislation such as Act No. 102 of 1973. Thus, a court considering the issue could conclude that H. 5085, R-648 also violates Article III, Section 34 (IX)."
Yours Sincerely,
Carroll A. Campbell, Jr.
Governor
June 4, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of May 31, 1990, you have asked for the opinion of this office as to the constitutionality of H. 5085, R-648, an act amending Act No. 102 of 1973, to devolve the duties of the tax collector of McCormick County from the treasurer of McCormick County to a person selected by McCormick County Council with the consent of the treasurer. For the reasons following, it is the opinion of this office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this office may comment upon potential constitutional problems, it is solely within the province of the Courts of this State to declare an act unconstitutional.
The act bearing ratification number 648 of 1990, as described above, clearly relates only to McCormick County. Thus, H. 5085, R-648 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 5085, R-648 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
In addition, this act is a special act. Article III, Section 34 (IX) prohibits the adoption of a special law where a general law may be made applicable. By general law as expressed in Section 3 of Act No. 283 of 1975 (the Home Rule Act), a county council has been authorized to amend or modify local legislation such as Act No. 102 of 1973. Thus, a court considering the issue could conclude that H. 5085, R-648 also violates Article III, Section 34 (IX).
Based on the foregoing, we would advise that H. 5085, R-648 would be of doubtful constitutionality. Of course, this office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
McAbee
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 5, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference 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.
having been adopted by both Houses has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 118
Received as information.
The following was received from the Senate.
Columbia, S.C., June 5, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 5072:
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
and asks for a Committee of Conference and has appointed Senators Williams, Holland and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 103
Whereupon, the Chair appointed Reps. J. ROGERS, WILKINS and WASHINGTON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 5, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Stilwell and Bryan of the Committee of Free Conference on the part of the Senate on 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.
Very respectfully,
President
No. 089
Received as information.
On motion of Rep. WILKINS the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
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 Senate returned to the House with amendments the following:
H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.
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. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING STATEMENTS OF CANDIDACY.
Rep. BEASLEY proposed the following Amendment No. 1 (Doc. No. 2206X), which was adopted.
Amend the bill, as and if amended, in Section 7-11-15 of the 1976 Code, as contained in SECTION 1, page 1, line 33, by inserting after /candidacy/ /or petitions/.
Amend further in SECTION 2, page 1, line 41, by inserting after /candidacy/ /or petition/.
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate sent to the House the following:
S. 1635 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO COMMEND MARGARET RHINE OF LEXINGTON, A FIFTH GRADE STUDENT AT LEXINGTON ELEMENTARY SCHOOL, FOR WINNING THE LEXINGTON SCHOOL DISTRICT ONE AND REGIONAL SPELLING BEE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1636 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION OF THE GENERAL ASSEMBLY TO THE HONORABLE HOLMES C. DREHER FOR HIS MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO LEXINGTON COUNTY AND TO THE STATE OF SOUTH CAROLINA AND EXTENDING BEST WISHES TO HIM ON THE OCCASION OF HIS RETIREMENT AS A MEMBER OF THE SOUTH CAROLINA WORKER'S COMPENSATION COMMISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. 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 Cork Davenport Derrick Elliott Faber Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, P. 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 Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on June 6, 1990.
Ennis M. Fant John J. Snow, Jr. Jim Harrison Juanita M. White Linwood Altman T.M. Burriss Mickey Burriss Joseph McElveen Roland S. Corning Alex Harvin III Gene Stoddard Mike Fair
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARRISON a temporary leave of absence.
The SPEAKER granted Rep. J. HARRIS a leave of absence for the day.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, June 5.
Reps. KOON, RHOAD, McTEER, WILDER and McLEOD presented Mark A. Keel of Columbia, the 1990 Law Enforcement Officer of the Year.
Announcement was made that Dr. Terri Teller of Anderson is the Doctor of the Day for the General Assembly.
Rep. McLELLAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
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 Baxley Beasley Bennett Blackwell Blanding Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Cork Davenport Derrick Elliott Faber Fant Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkins Williams, D. Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McLELLAN, CARNELL and WINSTEAD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The Committee of Free Conference, to whom was referred:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Beg leave to report that they have considered the same and recommend that the resolution, as and if amended, pass amended as follows:
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1989-90 the following amounts:
(1) (a) Higher Education Formula Funding 8,641,200
(b) Commission on Higher Education
Cutting Edge 500,000
(c) TEC Equipment 85,000
1.1 Of the funds appropriated in this item
for the Cutting Edge, a minimum of
$200,000 must be allocated to the
Palmetto Fellows Scholarship.
(2) Department of Corrections
(a) New Facilities Equipment 780,000
(b) Vehicle Replacement 250,000
(c) FY 90 Personal Service Shortfall 1,700,000
(3) Department of Education
Textbooks 2,000,000
(4) Wil Lou Gray Opportunity School
Recondition Cooling System 163,646
(5) Tax Commission
Furniture Lease Payment 375,000
(6) School for the Deaf and Blind
Vehicles 50,000
(7) Budget and Control Board -
Financial Data Systems
Mainframe Lease Payment 359,227
(8) Probation, Parole and Pardon
Statewide Data Network 308,500
(9) Budget and Control Board -
State Auditor
Computer Equipment and Printers 66,400
(10) Educational Television
School Reception Equipment 100,000
(11) Wildlife and Marine Resources
Research Vessel Lab Equipment 127,861
TOTAL CAPITAL RESERVE
FUND APPROPRIATION 16,306,834
SECTION 2. Of the funds appropriated herein for higher education formula funding, the Commission on Higher Education shall allocate these funds to the state's public colleges and universities and to the State Board for Technical and Comprehensive Education in no other manner than according to the formula for funding higher education as officially approved by the commission as of March 1, 1990.
SECTION 3. This act takes effect thirty days after the completion of the 1989-90 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend title to conform.
Robert N. McLellan James M. Waddell Marion P. Carnell Nikki Setzler Daniel E. Winstead Thomas L. Moore On the Part of the House On the Part of the Senate
The yeas and nays 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 Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Burch Carnell Chamblee Clyborne Cole Cooper Elliott Faber Fair Fant Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, P. Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McLellan McLeod Moss Neilson Nesbitt Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
So, having received the necessary vote of two-thirds of the members present and voting, but not less than three-fifths of the total membership, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
Reps. SHEHEEN and WILKINS proposed the following Amendment No. 15 (Doc. No. 1888o), which was adopted.
Amend the bill, as and if amended, in Section 14-5-610 of the 1976 Code, as contained in SECTION 1, by striking the last paragraph of the section which begins on line 27 of page 3 in its entirety.
Amend the bill further, as and if amended, by striking SECTION 6 of the bill in its entirety.
Amend the bill further, as and if amended, by striking Section 2-19-80, as contained in SECTION 7, and inserting:
/Section 2-19-80. Where the joint committee finds an incumbent judge for a family court, circuit court, court of appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates./
Amend the bill further, as and if amended, by striking SECTION 9 and inserting:
/SECTION 9. This act takes effect July 1, 1991, except that: (1) upon approval of this act by the Governor, the joint committee to review judicial candidates established pursuant to Chapter 19 of Title 2 of the 1976 Code may begin screening candidates for the additional circuit judgeships authorized by this act and the General Assembly may elect these circuit judges, who shall take office on July 1, 1991; (2) the provision of this act relating to the practice of law by a retired judge or justice shall take effect upon approval by the Governor; (3) the provisions of this act relating to a justice or judge's employment by an institution of public education shall take effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. J. ROGERS spoke in favor of the amendment.
The amendment was then adopted.
Rep. M.O. ALEXANDER proposed the following Amendment No. 16 (Doc. No. 1887o), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. No candidate for judicial office may seek, directly or indirectly, the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee./
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Reps. WILKINS, FOSTER, HARWELL and HUFF spoke against the amendment.
Rep. CORBETT spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Barfield Bennett Blanding Boan Brown, G. Brown, J. Burch Carnell Cole Cooper Elliott Fant Felder Foster Glover Gregory Harris, P. Harrison Harwell Hayes Hodges Holt Huff Johnson, J.W. Keesley Martin, D. Martin, L. McAbee McBride McKay McLeod McTeer Nesbitt Nettles Rudnick Short Simpson Snow Taylor Tucker Waldrop Washington Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Baxley Beasley Blackwell Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Corbett Cork Davenport Faber Fair Farr Gentry Hallman Haskins Hendricks Jaskwhich Johnson, J.C. Kay Keegan Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Mattos McCain McEachin McElveen McGinnis McLellan Moss Neilson Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Smith Sturkie Townsend Vaughn Waites Wells Wilkes Wofford Wright
So, the House refused to table the amendment.
Reps. L. MARTIN, HODGES and WASHINGTON spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Blackwell Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Corbett Cork Davenport Elliott Faber Fair Farr Gentry Hallman Harvin Haskins Hendricks Jaskwhich Johnson, J.C. Keegan Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Mappus Mattos McBride McCain McEachin McElveen McGinnis McLellan Moss Neilson Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Townsend Vaughn Waites Wells Wilkes Wofford Wright
Those who voted in the negative are:
Altman Bailey, K. Barber Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Burch Carnell Cole Cooper Derrick Fant Felder Foster Glover Gregory Harris, P. Harrison Harwell Hayes Hodges Holt Huff Johnson, J.W. Keesley Kinon Limehouse Martin, D. Martin, L. McAbee McKay McLeod McTeer Nesbitt Nettles Rudnick Short Simpson Smith Snow Taylor Tucker Washington Whipper White Wilder Wilkins Williams, J. Winstead
So, the amendment was adopted.
Rep. J. ROGERS proposed the following Amendment No. 17 (Doc. No. 2215X), which was adopted.
Amend the bill, as and if amended, by adding at the end of Section 2-19-10, on page 3 of the amendment /This section takes effect upon approval by the Governor./
Amend title to conform.
Rep. RUDNICK moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. MAPPUS, HALLMAN and T.M. BURRISS proposed the following Amendment No. 18, which was ruled out of order.
Amended as and if amended.
No sitting member of the General Assembly may seek an office elected by the General Assembly until 3 years after holding Office.
Rep. MAPPUS explained the amendment.
Rep. WILKINS raised the Point of Order that Amendment No. 18 was out of order as it was not germane to the Bill in that the Amendment dealt with the general blanket prohibition for any elected office and the Bill dealt with the creation of nine new Circuit Court judges.
Rep. MAPPUS argued contra the Point.
Rep. T.M. BURRISS stated that the judgeships in question were offices elected by the General Assembly.
The SPEAKER stated that that was not the Point of Order. He further stated that the Point was that the Amendment would apply to the Clerk of the House, Reading Clerk, Sergeant-At-Arms and other offices that were elected by the General Assembly and the Bill in question dealt with nine new circuit judges and he sustained the Point of Order and ruled the Amendment out of order.
Rep. PHILLIPS moved to reconsider the vote whereby Amendment No. 16 was adopted.
Rep. WILKINS was recognized.
Rep. BLACKWELL moved that the House recede until 2:30, which was rejected by a division vote of 43 to 64.
Rep. BAXLEY moved that the House do now adjourn.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Burriss, M.D. Faber Harris, P. Kay Limehouse Nettles Taylor Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Fair Farr Foster Gentry Glover Gregory Hallman Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Tucker Vaughn Waites Wells White Wilder Wilkes Winstead Wofford Wright
So, the House refused to adjourn.
Rep. WILKINS spoke in favor of the motion to reconsider.
Rep. BAKER raised the Point of Order that 1:00 having arrived, the House should stand in recess until 2:15 in compliance with Rule 6.1.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by the House receding until 2:15, the pending question being consideration of the motion to reconsider, Rep. WILKINS speaking in favor of the motion to reconsider.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. MATTOS a temporary leave of absence.
Debate was resumed on the Senate Amendments, the pending question being the consideration of the motion to reconsider the vote whereby House Amendment No. 16 was adopted, Rep. WILKINS having the floor.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
Rep. WILKINS continued speaking in favor of the motion to reconsider.
Rep. KEYSERLING spoke against the motion to reconsider.
Reps. HODGES and WILKINS spoke in favor of the motion to reconsider.
Rep. CORBETT moved to table the motion to reconsider.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Bennett Blackwell Brown, R. Bruce Burriss, M.D. Corbett Cork Davenport Fair Farr Gentry Hallman Haskins Jaskwhich Johnson, J.C. Keegan Keyserling Kirsh Klapman Lanford Manly Mappus McCain McGinnis McLellan Neilson Phillips Rama Rogers, J. Rogers, T. Sheheen Sturkie Vaughn Waites Wells Wright
Those who voted in the negative are:
Altman Barfield Baxley Beasley Boan Brown, G. Burch Chamblee Cole Cooper Derrick Fant Glover Gregory Harris, P. Harrison Hayes Hendricks Hodges Holt Huff Johnson, J.W. Kay Limehouse Martin, D. Martin, L. McElveen McKay McLeod McTeer Moss Nesbitt Quinn Rudnick Short Smith Snow Taylor Townsend Tucker Waldrop Washington Whipper White Wilder Wilkes Wilkins Williams, D. Winstead
Wofford (Present) Aye
H. Brown (Absent) Nay
Keesley (Present) Nay
Mattos (Absent) Aye
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Baxley Beasley Bennett Boan Brown, G. Burch Chamblee Cole Cooper Derrick Fant Glover Gregory Harris, P. Harrison Hayes Hodges Holt Huff Johnson, J.W. Keesley Limehouse Martin, D. Martin, L. McKay McLeod McTeer Moss Nesbitt Rudnick Short Smith Snow Stoddard Taylor Townsend Tucker Waldrop Washington Whipper Wilder Wilkins Winstead Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Blackwell Brown, R. Bruce Burriss, M.D. Corbett Cork Davenport Fair Farr Gentry Hallman Haskins Hendricks Jaskwhich Johnson, J.C. Keegan Keyserling Kirsh Klapman Kohn Lanford Manly Mappus McCain McGinnis McLellan Neilson Phillips Quinn Rama Rogers, J. Rogers, T. Sheheen Sturkie Vaughn Waites Wells White Wilkes Williams, D. Wright
So, the House refused to reconsider the vote whereby the amendment was adopted.
Reps. MAPPUS, HALLMAN, CORK, RAMA, L. MARTIN, NEILSON, TOWNSEND, McGINNIS, ALTMAN, KLAPMAN, WRIGHT, T.M. BURRISS, KIRSH, SHARPE, SIMPSON, DAVENPORT, PHILLIPS, LANFORD, WOFFORD and WELLS proposed the following Amendment No. 19 (Doc. No. 2218X), which was tabled.
Amend the bill, as and if amended, in Part IV, by adding an appropriately numbered section to read:
/SECTION ___. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-105. No member of the General Assembly is eligible to be elected to a judicial office sooner than three years after the date he last was a member of the General Assembly./
Renumber sections to conform.
Amend title to conform.
Rep. MAPPUS explained the amendment.
Reps. HUFF, McLELLAN, NETTLES and J. ROGERS spoke against the amendment.
Reps. WINSTEAD and MAPPUS spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. MAPPUS 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. Barber Baxley Beasley Bennett Blanding Boan Brown, J. Brown, R. Burch Burriss, M.D. Cole Cooper Corbett Derrick Faber Fant Farr Foster Gentry Glover Gregory Harrison Harvin Haskins Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Limehouse Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McLellan McLeod McTeer Nesbitt Nettles Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Sturkie Taylor Tucker Waldrop Washington Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead
Those who voted in the negative are:
Baker Barfield Blackwell Brown, G. Bruce Carnell Chamblee Clyborne Cork Davenport Fair Hallman Harris, P. Jaskwhich Kirsh Klapman Kohn Koon Lanford Littlejohn Mappus McAbee McCain Moss Phillips Quinn Rama Townsend Vaughn Waites Wells Wofford Wright
So, the amendment was tabled.
Rep. LIMEHOUSE proposed the following Amendment No. 20 (Doc. No. 1893o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 6 of PART IV, page 4423-6, beginning on line 32, and inserting:
/SECTION 6. No candidate for judicial office may directly seek, nor may any member of the General Assembly seek on a candidate's behalf, the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. M.O. ALEXANDER raised the Point of Order that Amendment No. 20 was out of order as it was not germane to the Bill in that it changed the thrust of Amendment No. 16, which had been clinched, by eliminating one of the major words in it indirectly.
The SPEAKER stated that the Amendment was substantially different. He further stated that there were two things different, one being that it said "directly seek" and the other Amendment had a prohibition against members pledging and he overruled the Point of Order.
Rep. LIMEHOUSE continued speaking.
Rep. CORBETT moved to table the amendment, which was not agreed to by a division vote of 33 to 61.
The question then recurred to the adoption of the amendment.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Brown, G. Burch Burriss, M.D. Chamblee Clyborne Cole Cork Derrick Faber Fair Fant Farr Foster Glover Gregory Hallman Harris, P. Harrison Harvin Haskins Hayes Hendricks Hodges Holt Johnson, J.W. Kay Keesley Klapman Koon Limehouse Mappus Martin, L. McBride McCain McElveen McLeod McTeer Moss Nesbitt Nettles Quinn Rama Rogers, J. Sharpe Sheheen Short Smith Snow Stoddard Townsend Tucker Waldrop Washington Whipper White Wilkins Williams, D. Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Blackwell Brown, J. Bruce Corbett Davenport Gentry Johnson, J.C. Keegan Keyserling Kirsh Lanford Littlejohn Martin, D. Mattos McEachin McGinnis McLellan Phillips Rudnick Taylor Vaughn Waites Wells
So, the amendment was adopted.
Rep. RUDNICK proposed the following Amendment No. 21, which was ruled out of order.
To add that all judges in S.C. shall be elected by the people of S.C.
Rep. RUDNICK explained the amendment.
Rep. McEACHIN raised the Point of Order that Amendment No. 21 was out of order under Article 5, Section 9 of the Constitution.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina State Board of Funeral Service is reauthorized for six years.
SECTION 2. Section 40-19-90 of the 1976 Code is amended by adding at the end:
"The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. 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 shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. 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."
SECTION 3. Section 40-19-100(1) of the 1976 Code is amended to read:
"(1) (A) No person may be issued a license as an embalmer unless he:
(i) is at least eighteen years of age.;
(ii) is of good moral character, as evidenced by at least two affidavits to that effect has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude.;
(iii) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board in its discretion.;
(iv) has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the board.;
(v) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. Any A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(B) No person may be issued a license as a funeral director unless he:
(i) is at least eighteen years of age.;
(ii) is of good moral character, as evidenced by at least two affidavits to that effect and has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;. The board may have an independent investigation made by its inspector and a full report of the investigation may be submitted to the executive secretary at least ten days before the applicant is to appear.
(iii) has a high school education or the equivalent of a high school education, together with a minimum of two years of successful attendance at any an accredited academic college or successful completion of a regular course of not less than one year (twelve scholastic months) in an accredited mortuary college.;
(iv) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. Any A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination."
SECTION 4. Section 40-19-170 of the 1976 Code is amended by adding at the end:
"A licensee or funeral home found to be in violation of a provision of this chapter or failing, omitting, or neglecting to obey, observe, or comply with a lawful order of the board is subject to a penalty of not less than twenty-five nor more than five hundred dollars for each offense. Jurisdiction of actions to recover penalties must be brought in the name of the State in magistrate's court."
SECTION 5. Funeral homes, funeral establishments, or mortuaries licensed before January 1, 1984, may apply to the board for an exemption of requirements found in Section 40-19-10(3) of the 1976 Code.
SECTION 6. Section 40-19-230 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
John C. Drummond Steve Lanford Herbert U. Fielding Donna A. Moss Sam Stilwell Thomas C. Alexander On the Part of the Senate On the Part of the House
Rep. MOSS explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.
Beg leave to report that they have duly and carefully considered the same and recommend:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 56-1-1030 of the 1976 Code is amended to read:
"Section 56-1-1030. When any person is convicted of one or more of the offenses listed in Section 56-1-1020 (a), (b) or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below. If after appropriate proceedings the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo."
SECTION 2. Section 56-1-1090 of the 1976 Code is amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the department that a person is an habitual offender and, if, upon appeal, the finding is sustained by a court magistrate unless the period is reduced to two years as permitted in item (c);
(b) until the time financial responsibility requirements are met;
(c) until upon petition, and for good cause shown, the department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department. If the two-year period is not granted, no petition may be again filed again until after a period of five years has have expired from the date of the decision of the department. However, a petition or court order is not required for the restoration of driving privileges and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-1-745. (A) The driver's license of a person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of one year. If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall order the driver's license to be suspended for an additional six months or one year, as the case may be. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense.
(B) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(C)(1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION 4. Section 56-1-1320 of the 1976 Code is amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee."
SECTION 5. Chapter 1, Title 56 of the 1976 Code is amended by adding:
Section 56-1-746. (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months.
(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(D) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
Section 56-1-747. For purposes of this article, a conviction is defined as provided in Section 56-1-710."
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Donald H. Holland Robert L. Altman Hugh Leatherman, Sr. Jackson V. Gregory W. Richard Lee Harry H. Clyborne, Jr. On the Part of the Senate On the Part of the House
Rep. GREGORY explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Very respectfully,
President
No. 121
The report of the Committee of Free Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1160:
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 391:
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
and asks for a Committee of Conference and has appointed Senators Hayes, McConnell and Long of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 104
Whereupon, the Chair appointed Reps. STURKIE, BENNETT and BARBER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4276:
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
and asks for a Committee of Conference and has appointed Senators Lourie, Patterson and Pope of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 106
Whereupon, the Chair appointed Reps. BEASLEY, ALTMAN and RUDNICK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4691:
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.
and asks for a Committee of Conference and has appointed Senators Drummond, Bryan and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 105
Whereupon, the Chair appointed Reps. McABEE, GENTRY and BAXLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1238:
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.
Very respectfully,
President
No. 119
Received as information.
The following was received.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-648, H. 5085 by a vote of 46 to 0:
(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.
Very respectfully,
President
No. 064
Received as information.
The following was received.
Columbia, S.C., June 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-639, S. 1603 by a vote of 46 to 0:
(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.
Very respectfully,
President
No. 063
Received as information.
June 5, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1603, R-639, an Act:
TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
This veto is based upon an opinion of the Attorney General's Office dated June 4, 1990, which states in concluding:
"The act bearing ratification number 639 of 1990 provides a mechanism for appointment of members of the governing body of the Laurens County Health Care System. In opinions of this Office dated April 16, 1985; April 17, 1985; and May 23, 1985, this Office noted that the Laurens County Health Care System is a special purpose district located wholly within Laurens County. Thus, S. 1603, R-639 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 1603, R-639, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
June 4, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of May 31, 1990, you have asked for the opinion of this office as to the constitutionality of S. 1603, R-639, an act providing the method of appointment of members of the governing body of the Laurens County Health Care System for the reasons following, it is the opinion of this office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this office may comment upon potential constitutional problems, it is solely within the province of the Courts of this State to declare an act unconstitutional.
The act bearing ratification number 639 of 1990, provides a mechanism for appointment of members of the governing body of the Laurens County Health Care System. In opinions of this office dated April 16, 1985; April 17, 1985; and May 23, 1985, this office noted that the Laurens County Health Care System is a special purpose district located wholly within Laurens County. Thus, S. 1603, R-639 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 1603, R-639 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Op. Atty. Gen. dated April 17, 1985, wherein these constitutional concerns were expressed if a special law should be adopted as to the Laurens County Health Care System by the General Assembly.
Based on the foregoing, we would advise that S. 1603, R-639 would be of doubtful constitutionality. Of course, this office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Johnson, J.W. Stoddard
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. KEESLEY moved that when the House adjourns it adjourn in memory of John Lake Reel, which was agreed to.
The Senate returned to the House with amendments the following:
H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.
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 following was introduced:
H. 5179 -- Reps. Mattos, Wilkins, M.O. Alexander, Baker, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Vaughn, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Barber, Barfield, Baxley, Beasley, Bennett, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DILL BLACKWELL OF TRAVELERS REST FOR HIS TRULY DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM GREENVILLE COUNTY, UPON HIS RETIREMENT FROM THE HOUSE.
Whereas, the members of the South Carolina House of Representatives recently learned with deep regret that Representative Dill Blackwell of Travelers Rest would be retiring as a member of the House from Greenville County; and
Whereas, Dill Blackwell first began his service in the House in 1981 and during his tenure in the General Assembly has been a strong and effective voice for sound and fiscally responsible government on the Ways and Means Committee and in the Greenville Delegation; and
Whereas, in addition to being a highly respected member of the General Assembly for his views, he is also loved and appreciated by his colleagues for his interesting and entertaining attendant activities including such things as his appearance in the movie "Chiefs" and his play on the legislative basketball team; and
Whereas, Dill Blackwell always has or makes the time to talk to a colleague with a problem, to a constituent who needs help, to a visitor to the State House, or to a friend in need; and
Whereas, the members of the General Assembly, by this resolution, would like to commend this tall and delightful South Carolinian for his exceptional service as a member of the House from Greenville County and wish to him the very best as he returns to Greenville to assume other duties. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Dill Blackwell of Travelers Rest for his truly distinguished service as a member of the South Carolina House of Representatives from Greenville County, upon his retirement from the House.
Be it further resolved that a copy of this resolution be forwarded to Representative Blackwell.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Reps. MATTOS, WASHINGTON, WILKINS, WHITE, M.O. ALEXANDER and RHOAD made statements relative to Rep. BLACKWELL'S retirement from the House.
The following was introduced:
H. 5180 -- Reps. Sheheen, J. Rogers, Gentry, Boan, J.W. Johnson, Nettles, McElveen, Short, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Sharpe, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION COMMENDING REPRESENTATIVE D. MALLOY MCEACHIN, JR., OF FLORENCE COUNTY FOR HIS TWELVE YEARS OF SUPERB SERVICE IN THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, for the past twelve years, the Honorable Daniel Malloy McEachin, Jr., has represented the citizens of District No. 63 in Florence County with great distinction as a member of the House of Representatives; and
Whereas, Malloy has lent his outstanding legal training and background to the deliberations of the General Assembly on countless legislative matters; and
Whereas, we, his colleagues in the House and Senate, hold Malloy in the highest esteem for his intelligence, his integrity, his independent-thinking, his grasp of the issues, his friendship, and his passionate determination to make South Carolina the very best place in which to work and live; and
Whereas, he has been a genuine leader in the General Assembly, and is a man who commands the respect and admiration of all who know him; and
Whereas, he has decided not to seek re-election to the House of Representatives this year and plans instead to devote more of his time to his wonderful family; and
Whereas, we will greatly miss Malloy's presence as a member in the State House but trust we will see him on many occasions in the future; and
Whereas, we want him to know that we consider him a model legislator -- an individual who can be trusted and relied upon, one who labors unceasingly for the common good -- and that we wish him the very best life can offer in all of his future plans and pursuits. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend Representative D. Malloy McEachin, Jr., of Florence County for his twelve years of superb service in the General Assembly and wish him happiness and success in all of his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to our very dear friend, the Honorable D. Malloy McEachin, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Reps. NETTLES, HODGES and R. BROWN made statements relative to Rep. McEACHIN'S retirement from the House.
Rep. McEACHIN made a statement relative to his retirement from the House.
On motion of Rep. LIMEHOUSE, with unanimous consent, the following was taken up for immediate consideration:
H. 5181 -- Reps. Limehouse, R. Brown, T.C. Alexander, Kohn, Derrick and J. Bailey: A HOUSE RESOLUTION TO REQUEST THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO INVESTIGATE THE REDUCTION OF THE NUMBER OF COMPANIES PROVIDING AUTOMOBILE INSURANCE BEFORE THE NEXT GENERAL ASSEMBLY CONVENES AND FORMULATE PROPOSALS INTENDED TO ENCOURAGE COMPANIES TO WRITE AUTOMOBILE INSURANCE FOR CONSUMERS IN SOUTH CAROLINA.
Whereas, a number of companies have discontinued writing automobile insurance in South Carolina; and
Whereas, the reduction in the number of companies is resulting in fewer choices for automobile insurance for the South Carolina consumer; and
Whereas, the House of Representatives is concerned about the impact the withdrawal is having on the consumer in South Carolina; and
Whereas, the House of Representatives wants to find solutions to encourage companies to continue to provide automobile insurance to South Carolina consumers. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives requests the Labor, Commerce and Industry Committee to investigate this problem before the next General Assembly convenes and formulate proposals intended to encourage companies to write automobile insurance for consumers in South Carolina.
The Resolution was adopted.
On motion of Rep. T. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 5182 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR THE UPCOMING UNITED NATIONS WORLD SUMMIT FOR CHILDREN.
Whereas, it is estimated that forty thousand children die each day throughout the world from malnutrition and disease with forty thousand children's deaths each year in the United States, and the vast majority of these deaths are preventable; and
Whereas, on February 8, 1990, United Nations Secretary General, Javier Perez de Cuellar, announced a World Summit for Children to be held September 29-30, 1990, in New York City. The summit is intended to enhance political commitment for the benefit of children both nationally and internationally; and
Whereas, the members of the General Assembly, by this resolution, believe that this important event should be supported wholeheartedly by the United States and its citizens, and that the nations of the world should make children's well-being a top priority. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of South Carolina hereby declare their support for the World Summit for Children on September 29-30, 1990.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, 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 agreed to and ordered sent to the Senate.
The following was introduced:
H. 5183 -- Rep. Keesley: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JAMES F. MARTIN OF EDGEFIELD UPON BEING NAMED THE SMALL BUSINESSMAN OF THE YEAR FOR SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1637 -- Senator Land: A CONCURRENT RESOLUTION TO RECOGNIZE MISS ERNESTINE COSKREY PLAYER, OF COLUMBIA, AS SHE RETIRES FROM HER POSITION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO THANK HER FOR TWENTY-EIGHT YEARS OF FAITHFUL SERVICE TO THE DEPARTMENT AND TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HER WELL IN HER 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. 1638 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE ANDREW RHINE OF LEXINGTON, AN EIGHTH GRADE STUDENT AT LEXINGTON MIDDLE SCHOOL, FOR ACHIEVING THE HIGHEST VERBAL AND HIGHEST TOTAL SCORE ON THE PRELIMINARY SCHOLASTIC APTITUDE TEST IN THE SOUTH CAROLINA JUNIOR SCHOLARS PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1639 -- Senators Shealy, Martschink, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING BRIST SHEALY OF LEXINGTON COUNTY ON THE VERY SPECIAL OCCASION OF THE FIFTIETH ANNIVERSARY OF HIS BUSINESS, SHEALY'S SANDWICH SHOP -- AN ESTABLISHMENT KNOWN AND LOVED BY COUNTLESS RESIDENTS OF THE MIDLANDS FOR MANY YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1640 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE DEREK BRUFF OF LEXINGTON, AN EIGHTH GRADE STUDENT AT LEXINGTON MIDDLE SCHOOL, UPON ACHIEVING THE HIGHEST MATH SCORE ON THE PRELIMINARY SCHOLASTIC APTITUDE TEST IN THE SOUTH CAROLINA JUNIOR SCHOLARS PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1646 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. DEAN G. KILPATRICK OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA FOR HIS RECENT HONOR AND FOR HIS OUTSTANDING SERVICE ON BEHALF OF VICTIMS OF CRIME.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1647 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. MAKIO OGAWA FOR HIS RECENT NATIONAL AWARD AND HIS OUTSTANDING WORK IN HEMATOLOGY AND BIOMEDICAL RESEARCH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1630 -- Senators Leventis and Land: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.
On motion of Rep. McLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5184 -- Reps. Koon, Derrick, Klapman, Sharpe, Wright, Felder and Sturkie: A BILL TO PROHIBIT A PORTION OF LEAPHART ROAD IN LEXINGTON COUNTY FROM BEING CLOSED.
On motion of Rep. KOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. KOON, with unanimous consent, it was ordered that H. 5184 be read the second time tomorrow.
On motion of Rep. KOON, with unanimous consent, it was ordered that H. 5184 be read the third time the next local legislative day.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5169 -- Rep. Gentry: A BILL TO AMEND ACT 1015 OF 1970, RELATING TO THE SALUDA COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE THE MEMBERSHIP FROM FIVE TO SEVEN.
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. 1620 -- Senator Pope: A BILL TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.
The following Bill was taken up.
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.
Reps. SHARPE, G. BAILEY, McLEOD, WELLS and FOSTER 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.
Reps. BAXLEY and BLANDING objected to the Bill.
The following Bill was taken up.
S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Rep. G. BROWN proposed the following Amendment No. 2 (Doc. No. 2105X).
Amend the bill, as and if amended, by adding the following appropriately-numbered SECTION:
/SECTION __. Solid waste shipped or transported in any manner whatever into the State of South Carolina to a central distribution point where the solid waste is repackaged for distribution to an in-state solid waste landfill may not under any conditions or circumstances be considered in-state solid waste./
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. RAMA raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.
The SPEAKER stated that the House had already adopted Amendment No. 1, which dealt with solid waste and was now a part of the Bill, and therefore, the Amendment was germane and he overruled the Point of Order.
Reps. RAMA and L. MARTIN objected to the Bill.
Rep. McLELLAN made a statement relative to H. 4800, the General Appropriation Bill.
Rep. BLACKWELL moved to adjourn debate upon the following Bill until Friday, June 15, which was adopted.
H. 4736 -- Reps. Washington, Hallman, Mappus, Holt, Winstead and J. Bailey: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWERAGE, AND WASTE DISPOSALS BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR THE LICENSING OF PERSONS ENGAGED IN THE BUSINESS OF INSTALLING OR SERVICING SEPTIC TANKS, TO REQUIRE THESE PERSONS TO MAINTAIN CERTAIN RECORDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill was taken up.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Debate was resumed on Amendment No. 3, which was proposed on Thursday, May 10, by Rep. BRUCE.
Rep. BRUCE moved to table the amendment, which was agreed to.
Reps. WOFFORD, VAUGHN and CHAMBLEE and proposed the following Amendment No. 5 (Doc. No. 1764X), which was adopted.
Amend the amendment of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, Section 24-3-130, as contained in SECTION 1, by adding at the end of subsection (A):
/No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section./
Amend title to conform.
Rep. WOFFORD 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. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.
The House Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1427o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1310. As used in this article:
(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of twenty-six years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60;
(d) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e) who physically is able to participate in the program;
(f) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program.
(2) 'Shock incarceration program' means a program pursuant to which eligible inmates are selected directly at reception centers to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.
(3) 'Commissioner' means the Commissioner of the Department of Corrections.
Section 24-13-1320. (A) The commissioner of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.
(B) For each reception center the commissioner shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services and which shall meet on a regularly scheduled basis to review all applications for a program.
(C) A program may be established only at an institution classified by the commissioner as a shock incarceration facility.
(D) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met.
Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application.
(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner or his designee for approval or disapproval.
(C) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.
(E) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 2. Section 24-21-475 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 3 (Doc. No. 1772o), which was tabled.
Amend the bill, as and if amended, Article 13, Chapter 13 of Title 24, as contained in SECTION 1, page 1451-3, by inserting after line 39 and before the quotes:
/Section 24-13-1340. (A) A court may order that a defendant who has not reached twenty-six years of age and who has not been convicted of a violent crime as defined in Section 16-1-60, but who is found guilty of an offense for which a term of imprisonment of five years or more may be imposed or who is being revoked from a sentence of probation, be evaluated by the shock incarceration screening committee. The inmate then must be transferred to the custody of the department for evaluation.
(B) The commissioner shall submit his findings, along with recommendations for sentencing, to the court within fifteen working days after an inmate has been received into the custody of the department.
(C) After the findings are submitted, the court may impose sentence as appropriate, which may include:
(1) suspending the sentence and placing the defendant on probation;
(2) sentencing the defendant to the shock incarceration program, with or without his consent;
(3) sentencing the defendant to another term as provided by law./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. NETTLES moved to table the amendment, which was agreed to.
Reps. McEACHIN, HODGES and T. ROGERS objected to the Bill.
Rep. PHILLIPS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
Rep. McABEE moved that the House recur to the morning hour, which was agreed to.
The Senate returned to the House with amendments the following:
H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
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 returned to the House with amendments the following:
H. 4630 -- Reps. McAbee, Felder and Kinon: A BILL TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.
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 following Bills were taken up, read the second time, and ordered to a third reading:
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.
S. 1463 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 50-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE FROM THE DEFINITION OF A MARINE DEALER THE REQUIREMENT OF SELLING A MINIMUM OF TWENTY WATERCRAFT OR OUTBOARD MOTORS A YEAR.
H. 5168 -- Rep. Kohn: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE CHARLESTON ASSOCIATION OF RETARDED CITIZENS, INC. IN CHARLESTON COUNTY.
S. 1400 -- Senator Drummond: A BILL TO AMEND SECTIONS 40-7-230 AND 40-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS, SO AS TO PROVIDE THAT EACH REGISTERED BARBER AND APPRENTICE SHALL RENEW HIS CERTIFICATE ANNUALLY AND TO EXEMPT COSMETOLOGISTS FROM LICENSURE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-125 SO AS TO ALLOW A LICENSED COSMETOLOGIST TO OBTAIN A CERTIFICATE OF REGISTRATION AS A MASTER HAIR CARE SPECIALIST.
S. 1401 -- Senator Drummond: A BILL TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.
On motion of Rep. HENDRICKS, with unanimous consent, it was ordered that S. 1463 be read the third time tomorrow.
On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 5168 be read the third time tomorrow.
On motion of Rep. DERRICK, with unanimous consent, it was ordered that S. 1400 be read the third time tomorrow.
On motion of Rep. DERRICK, with unanimous consent, it was ordered that S. 1401 be read the third time tomorrow.
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.
Debate was resumed on Amendment No. 3, which was proposed on Thursday, May 31, by Reps. BRUCE, et al.
Rep. BRUCE moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. G. BAILEY moved to adjourn debate upon the following Bill until Tuesday, June 12, which was adopted.
H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
The following Bill was taken up.
S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.
Reps. NEILSON, R. BROWN and MAPPUS proposed the following Amendment No. 1 (Doc. No. 1787o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. R. BROWN, with unanimous consent, it was ordered that S. 1332 be read the third time tomorrow.
Rep. BLACKWELL moved to adjourn debate upon the following Bill until Tuesday, June 12, which was adopted.
H. 4622 -- Reps. Wilkins, Baxley, Boan, Koon, Felder, Altman, McLellan, Kinon, Winstead, Harwell, L. Martin, G. Bailey, Limehouse, Harvin, Barfield, Fair, Kohn, Blanding, McElveen and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL OF A REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE CONTINUING EDUCATION PROGRAM.
The following Bill was taken up.
H. 4923 -- Reps. Felder and Harvin: 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. DAVENPORT moved to table the Bill, which was agreed to.
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.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2015X), which was adopted.
Amend the bill, as and if amended, by striking the third paragraph of Section 50-17-520, as contained in SECTION 1, and inserting:
/It is unlawful for any a person to take or have in possession more than twenty ten spotted sea trout or twenty ten red drum in any one day. It is unlawful for a person to have in possession more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact. The Marine Resources Division may promulgate emergency regulations for size and catch limits on red drum, spotted sea trout, and flounder in the event of natural or man-induced phenomena which threaten the future status of the resource./
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
Rep. HOLT proposed the following Amendment No. 2 (Doc. No. 1834o), which was rejected.
Amend the report of the Committee on Agriculture and Natural Resources, as and if amended, by striking /ten/ on line 31 of page 1391-1 and inserting /twenty/.
Amend title to conform.
Rep. MAPPUS moved to table the amendment, which was not agreed to by a division vote of 35 to 37.
Rep. HOLT explained the amendment.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 26 to 57.
Reps. HOLT and J. BAILEY objected to the Bill.
Upon the withdrawal of objections by Reps. LIMEHOUSE and DAVENPORT the following Bill was taken up.
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.
Reps. LIMEHOUSE, WOFFORD and DAVENPORT proposed the following Amendment No. 7 (Doc. No. 1890o), which was adopted.
Amend the bill, as and if amended, Section 24-13-1520(2), as contained in SECTION 1, page 1, by striking lines 38 and 39 and inserting:
/(2) 'Court' means a circuit or family court having criminal/
Amend further, by deleting Section 24-13-1540(7), as contained in SECTION 1, page 3, beginning on line 32; Section 24-13-1540(5), line 28, after /;/ by inserting /or/; and Section 24-13-1540(6), line 31, by striking /; or/ and inserting /./.
Amend further, by striking Section 24-13-1560, as contained in SECTION 1, page 4, beginning on line 5, and inserting:
/Section 24-13-1560. The participant shall use an approved electronic monitoring device as instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home, or on his person./
Amend further, by striking Section 24-13-1570, as contained in SECTION 1, page 4, beginning on line 20 and inserting:
/Section 24-13-1570. (A) The participant shall obtain approval from the department before he changes his residence or the schedule described in Section 24-13-1540.
(B) Notice must be given to the participant by the department that violation of the order for home detention subjects the participant to prosecution for the crime of escape as a misdemeanor, that commission of another crime revokes the order for home detention, and that if there is a violation or commission, the court shall sentence him to imprisonment.
(C) The participant shall abide by other conditions set by the department.
(D) The victim of the participant's crime, or his immediate family, must be provided the opportunity of oral or written input and comment to the department or court, or both, regarding the participant's home detention sentence./
Amend further, by striking Section 24-13-1590, as contained in SECTION 1, page 974-6, beginning on line 14, and inserting:
/Section 24-13-1590. Nothing in this article:
(1) applies to a person, regardless of age, who violates the illicit narcotic drugs and controlled substances laws of this State; or
(2) diminishes the lawful authority of the courts of this State, the Department of Youth Services, or the Board of Probation, Parole and Pardon Services to regulate or impose conditions for probation or parole./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LIMEHOUSE, with unanimous consent, it was ordered that S. 974 be read the third time tomorrow.
The SPEAKER granted Rep. G. BROWN a leave of absence for the day.
Upon the withdrawal of an objection by Rep. WRIGHT 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. BAXLEY moved to adjourn debate upon the Bill.
Rep. DAVENPORT objected to the Bill.
Rep. R. BROWN withdrew his objection to the following Bill whereupon an objection was raised by Rep. TAYLOR.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.
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. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO PERMIT THE EXTENSION OF THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.
The Senate amendments were agreed to, and the Joint Resolution, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
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. 4922 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO DETAIL THE REQUIREMENTS FOR STORAGE, DELETE THE REQUIREMENT THAT THE STATE FIRE COMMISSION PROMULGATE REGULATIONS FOR STORAGE, AND PROVIDE FOR THE APPLICATION OF AND EXCEPTIONS TO THE SECTION.
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. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Rep. KIRSH proposed the following Amendment No. 3 (Doc. No. 2212X), which was adopted.
Amend the bill, as and if amended, by striking Section 12-3-80, as contained in SECTION 4, page 2, and inserting:
/Section 12-3-80. The chairman of the commission shall devote the his entire time required to perform the duties of the office and shall may not:
(a) hold any other position of trust or profit,
(b) (a) engage in any occupation or business interfering with or inconsistent with his duty,;
(c) (b) serve on or under any committee of a political party; or
(d) (c) contribute, directly or indirectly, money or other thing of value in support of any candidate for office or to any political organization."/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Bill was taken up.
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. KIRSH moved that the House do now adjourn.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baxley Bennett Blackwell Blanding Burch Chamblee Cole Cooper Faber Foster Gentry Hallman Harvin Harwell Haskins Hendricks Hodges Holt Huff Johnson, J.W. Kay Keyserling Kirsh Lanford Martin, D. Mattos McBride McCain McGinnis McKay McLellan Nesbitt Nettles Phillips Sheheen Smith Taylor Townsend Tucker Vaughn Washington Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Barfield Beasley Boan Brown, R. Cork Davenport Elliott Fair Farr Harrison Hayes Jaskwhich Johnson, J.C. Keegan Keesley Kinon Klapman Limehouse Littlejohn Mappus Martin, L. McEachin McLeod Moss Neilson Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Snow Sturkie Waites Waldrop Wells White Winstead Wofford Wright
So, the House refused to adjourn.
Rep. KIRSH spoke against the Bill.
Rep. LITTLEJOHN raised the question of a quorum.
A quorum was later present.
Rep. KIRSH continued speaking.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. R. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey,J. Bailey, K., Barfield, Baxley Bennett Blackwell Blanding Boan Burch Chamblee Cole Cooper Corbett Davenport Elliott Faber Fair Foster Gentry Glover Hallman Harvin Haskins Hendricks Holt Huff Kay Keyserling Kirsh Kohn Lanford Littlejohn Mappus Martin, D. Mattos McBride McEachin McGinnis Nesbitt Rogers, J. Rogers, T. Sharpe Sheheen Smith Taylor Townsend Vaughn Washington Whipper White Winstead Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Barber Brown, R. Cork Farr Harrison Hayes Jaskwhich Johnson, J.C. Keegan Keesley Kinon Klapman Martin, L. McLeod Moss Quinn Rama Rudnick Snow Sturkie Tucker Waites Waldrop Wells Wright
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. KIRSH having the floor.
The Senate returned to the House with concurrence the following:
H. 5161 -- Reps. Barfield, McLeod, Bennett, Harvin, McKay, Harwell, G. Brown, Rhoad, Keegan, J. Rogers and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO INCLUDE IN THE 1990 FARM BILL A HOMESTEAD PROTECTION PROVISION WHEREBY FARMERS AND THEIR SPOUSES WHO ARE AT LEAST SIXTY YEARS OLD AND WHOSE DEBT RESTRUCTURING PLANS LEAVE NO REASONABLE ALTERNATIVE BUT FORECLOSURE OR HOMESTEAD PROTECTION WOULD BE OFFERED HOMESTEAD PROTECTION AS DEFINED IN THE 1987 AGRICULTURAL CREDIT ACT (THE HOUSE AND UP TO TEN SURROUNDING ACRES) AND THAT THIS HOMESTEAD PROTECTION BE PUT IN THE FORM OF A LIFE ESTATE FOR THE FARMER AND HIS SPOUSE.
At 6:05 P.M. the House in accordance with the motion of Rep. KEESLEY adjourned in memory of John Lake Reel to meet at 11:00 A.M. tomorrow.
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