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:
We thank You, Heavenly Father, that You are a God not limited to time or space, but that You are omnipresent and omnipotent: everywhere and all-powerful. So as we shall soon leave this hallowed Hall for awhile, we would hold fast to Your presence that wherever we go or whatever we do that we would be guided by Your wisdom and blessed with Your blessings. At all times and under every circumstance, shelter us under the umbrella of Your love and uphold us in Your strength.
May our daily prayers ascend to You, and let Your never failing blessings descend upon us. With our minds stayed on You, accept our praise as we glorify Your holy Name. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was introduced:
H. 5185 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING J. MICHAEL WITKOSKI FOR HIS EXCELLENT WORK AS DIRECTOR OF RESEARCH FOR THE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE AND FOR HIS UNTIRING EFFORTS ON BEHALF OF THE HOUSE MEMBERSHIP.
The Resolution was adopted.
The following was introduced:
H. 5186 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE STAFF OF WORD PROCESSING OF THE HOUSE OF REPRESENTATIVES FOR THEIR EXCELLENT WORK DURING THE 1990 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5187 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE ACCOUNTING STAFF OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING WORK THEY RENDERED DURING THE 1990 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5188 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING THE 1990 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5189 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR THEIR DEDICATED HARD WORK DURING THE 1990 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5190 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE DESK STAFF FOR THEIR EXCELLENT WORK AND LOYALTY DURING THE 1990 SESSION.
The Resolution was adopted.
The following was introduced:
H. 5191 -- Reps. Harvin and Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT JAMES E. GAMBLE OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND CLARENDON COUNTY FOR HIS COURAGEOUS ACTION IN THE LINE OF DUTY AND TO WISH HIM A SPEEDY RECOVERY FROM THE SERIOUS INJURIES HE INCURRED AS A RESULT OF HIS BRAVERY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1644 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNTY AUDITOR OF MCCORMICK COUNTY, JEWEL MCGRATH, FOR HER MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO HER COUNTY AND STATE AND EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1645 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNTY TREASURER OF MCCORMICK COUNTY, FRANCES SIBERT, FOR HER MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO HER COUNTY AND STATE AND EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Free Conference Report on the following Bill was taken up.
Rep. McLELLAN moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Burch Burriss, T.M. Carnell Chamblee Cooper Corbett Cork Davenport Derrick Fair Farr Felder Foster Gentry Gordon Gregory Hallman Harrison Harwell Hayes Hendricks Holt Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McLellan McLeod Nesbitt Nettles Rama Rhoad Rogers, J. Sharpe Sheheen Short Simpson Smith Snow Stoddard Tucker Waites Waldrop Wells Whipper White Wilder Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
So, Rule 5.14 was waived.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I voted in favor of the Free Conference Committee Report but I must point out that one of the changes in the Bill appears in Section 64 of Part II which changes the definition of a hospital. I have been assured that this change in no way is intended to mandate third party reimbursement.
Rep. MARION P. CARNELL
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on June 7, 1990.
Donna A. Moss Lewis R. Vaughn John B. Williams Roland S. Corning Terry E. Haskins Jean L. Harris Kenneth E. Bailey Alex C. Harvin, III Joseph T. McElveen Thomas E. Huff Timothy C. Wilkes Irene K. Rudnick Rick Quinn Robert A. Kohn Milford D. Burriss Thomas A. Limehouse Larry Koon C. Lenoir Sturkie
DOCTOR OF THE DAY
Announcement was made that Dr. Thomas A. Whitaker of Myrtle Beach is the Doctor of the Day for the General Assembly.
Rep. J.C. JOHNSON moved that when the House adjourns it adjourn in memory of George L. Johnson, Sr., which was agreed to.
Rep. WHIPPER, on behalf of the Charleston Delegation, made a statement relative to Rep. MAPPUS' retirement from the House.
Rep. R. BROWN made a statement relative to Rep. MAPPUS' retirement from the House.
Rep. MAPPUS made a statement relative to his retirement from the House.
Rep. T. ROGERS made a statement relative to Rep. MAPPUS' retirement from the House.
Rep. McLELLAN made a statement relative to Reps. MAPPUS' and BLACKWELL'S retirement from the House.
Rep. MANLY presented Jovanda Floyd, Miss Black U.S.A.
The SPEAKER granted Rep. J. BAILEY a leave of absence for the day.
Rep. McCAIN moved that the House do now adjourn.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Boan Littlejohn McCain McEachin Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Beasley Blackwell Blanding Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Clyborne Cole Corbett Cork Corning Davenport Derrick Faber Farr Felder Foster Gentry Glover Gregory Harrison Harvin Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Lanford Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Taylor Tucker Waites Waldrop Wells White Wilder Williams, J. Winstead Wright
So, the House refused to adjourn.
The following was received.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
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. Chapter 15, Title 17 of the 1976 Code is amended by adding:
"Section 17-15-240. Court officers authorized by law to receive bail bond money may deposit that money in interest-bearing accounts in a financial institution in which deposits are insured by an agency of the United States government. The interest earned on the accounts is considered public funds and must be distributed as follows:
(1) Interest on bail bond money received for offenses triable in municipal court or held for transmittal to the county clerk of court must be credited to the general fund of the municipality.
(2) Interest on bail bond money received for offenses triable in magistrates court or held for transmittal to the county clerk of court must be credited to the general fund of the county.
(3) Interest on bail bond money received by the county clerk of court for offenses triable in family and circuit court must be credited to the general fund of the county.
South Carolina Court Administration shall prescribe appropriate procedures for handling and accounting for bail bond interest."
SECTION 2. This act takes effect July 1, 1990./
Amend title to conform.
/s/Michael T. Rose /s/Robert W. Hayes, Jr. John Drummond /s/H.H. Clyborne, Jr. /s/H. Samuel Stilwell /s/Larry E. Gentry On Part of the Senate On Part of the House
Rep. HAYES explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 7, 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:
having been adopted by both Houses has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 136
Received as information.
The following was received.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, beginning on page 18, by striking SECTION 10 in its entirety.
Amend the bill further, as and if amended, page 22, by striking item (6) of Section 44-53-520(a), as contained in SECTION 12, and inserting therein the following:
/ "(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State unless it is found to conceal, contain, or transport under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a), involving at least one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, more than ten grains of crack, or more than one gram of ice or crank, as defined in Section 44-53-110, or unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(e). The quantities set forth refer to controlled substances or any combination of such substances;"/
Amend the bill further, as and if amended, page 23, by striking SECTION 14 in its entirety and inserting therein the following:
/SECTION 14. Section 56-1-745 of the 1976 Code, as added by an unnumbered Act of 1990, bearing Ratification Number ____ (H. 3028), is further amended to read:
/"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 under Chapter 53 of Title 44, 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 under Chapter 53 of Title 44, 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."/
Amend the bill further, as and if amended, page 26, beginning on line 12, by striking SECTION 17 in its entirety and inserting therein the following:
/SECTION 17. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable./
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION 18. This act takes effect upon approval by the Governor. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced and any administrative penalty or suspension exacted as provided by the law in force at the time of the commission of the crime./
Amend title to conform.
Renumber SECTIONS to conform.
Donald H. Holland Thomas E. Huff James E. Bryan, Jr. E. LeRoy Nettles, Jr. H. Samuel Stilwell Robert W. Hayes, Jr. On Part of the Senate On Part of the House
Rep. HAYES 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.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
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. Chapter 25, Title 50 of the 1976 Code is amended by adding:
Section 50-25-1310. On Lakes William C. Bowen and H. Taylor Blalock in Spartanburg County:
(1) There is established a no wake zone within three hundred feet of all bridges and public docks. No wake zones must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(2) No watercraft of any type may be operated within five hundred feet of any pump station, water intake of a dam, or spillways. These restricted areas must be clearly marked with signs. Signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(3) No watercraft may operate or anchor within one hundred fifty feet of public fishing piers.
(4) No sailing craft with a mast height in excess of thirty feet is permitted to operate.
(5) No wading, bathing, or swimming is permitted within two hundred feet of any public landing, bridge, or restricted area. These restricted areas must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(6) The lake wardens, at their discretion, may limit entrance of watercraft onto the lakes via the public landings when conditions such as overcrowding or adverse weather create an unsafe boating environment.
Section 50-25-1320. On Lake William C. Bowen:
(1) No watercraft with an outboard motor having a horsepower rating in excess of one hundred fifteen horsepower is permitted.
(2) No watercraft with an outboard motor in excess of the United States Coast Guard rating, with Coast Guard rating plate missing or changed, is permitted.
(3) No watercraft powered by an outdrive or inboard motor having an engine automotive horsepower rating in excess of one hundred eighty horsepower is permitted. This restriction does not apply to towboats which have been approved by the American Waterski Association.
(4) There is no minimum or maximum restriction on length of watercraft.
Section 50-25-1330. On Lake H. Taylor Blalock, no watercraft with an engine greater than fifteen horsepower may operate unless:
(1) the gas line has been disconnected and the engine or prop is trimmed out of water, and
(2) an electric trolling motor or engine of fifteen horsepower or less is mounted but pontoon boats with a length greater than sixteen feet may utilize motors not greater than thirty-five horsepower.
Section 50-25-1340. On Lake H. Taylor Blalock, it is unlawful to waterski, or tow rafts, discs, or any other similar floating devices.
Section 50-25-1350. On Lake William C. Bowen it is unlawful to:
(1) waterski or tow rafts, discs, or other similar floating devices within three hundred feet of any bridge or within one hundred feet of public dock facilities of the Spartanburg Water System;
(2) waterski and tow rafts, discs, or other similar floating devices upstream and west of the Interstate Highway 26 bridge which crosses over Lake William C. Bowen;
(3) pull more than two skiers at one time from any boat or to waterski while carrying one or more persons piggyback;
(4) operate a watercraft between midnight and one hour before sunrise.
Section 50-25-1360. The South Carolina Wildlife and Marine Resources Department, after consultation with the Spartanburg Water System, by special permit, may waive the restrictions and provisions of Section 50-25-1310 through 50-25-1350 to allow for boat testing, water and ski shows, and similar activities. It is unlawful to violate the terms and conditions of the permit.
Section 50-25-1370. A person violating a provision of this article is guilty of a misdemeanor and must be punished as provided in Section 50-1-130."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
W. Richard Lee Danny M. Bruce John R. Russell G. Ralph Davenport Horace C. Smith Carole C. Wells On Part of the Senate On Part of the House
Rep. WELLS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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. BLANDING, with unanimous consent, it was ordered that S. 1630 be read the third time the next local legislative day.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO REVISE THE DEFINITION OF BOARD TO DELETE THE REFERENCE TO THE POOL MEMBERS; 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.
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.
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. 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.
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.
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.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.
Reps. TAYLOR and WILKINS proposed the following Amendment No. 2 (Doc. No. 2234X), which was adopted.
Amend the bill, as and if amended, Section 20-7-340(A), as contained in SECTION 1, page 2, line 2, by striking /three/ and inserting /five/.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. McLELLAN proposed the following Amendment No. 3, which was adopted.
Amend Section 12-53-40 to read as follows:
Section 1. Section 12-53-40 is amended to read:
"12-53-40. Notwithstanding any other provision of law, there shall be added as costs to each warrant or tax execution collected, served, or recorded by a duly authorized representative of the Commission, an amount equivalent to five percent of the total of the warrant or tax execution, or the sum of three dollars, whichever is the greater, and, in addition thereto, the sum of two five dollars. Such costs, together with the costs of storage, advertising and sale, shall be deducted from proceeds of sale before any other prior liens or claims are paid. Fees charged by clerks of court for the recording and satisfaction of warrants for distraint or tax executions issued by the Commission shall be paid by the State Treasurer on proper warrant from the Commission from funds appropriated therefor by the General Assembly."
Rep. McLELLAN 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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. KIRSH having the floor.
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 relinquished the floor.
Rep. FOSTER moved to adjourn debate upon the Bill until Tuesday, June 12.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blackwell Clyborne Cooper Foster Haskins Kirsh Rudnick Simpson Vaughn Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Brown, H. Brown, R. Burch Burriss, T.M. Chamblee Cole Corbett Cork Corning Farr Gentry Glover Hallman Harris, J. Harrison Harvin Hayes Huff Keegan Keesley Keyserling Kinon Koon Limehouse Littlejohn Manly Mappus Martin, L. McCain McGinnis McKay McLellan McLeod Neilson Nettles Rama Rhoad Sharpe Sheheen Smith Snow Sturkie Townsend Tucker Waites Wells Winstead Wofford Wright
So, the House refused to adjourn debate.
Rep. McLEOD explained the Bill.
Rep. G. BAILEY spoke in favor of the Bill.
The Bill was read the third time and ordered returned to the Senate with amendments.
Rep. McEACHIN moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., June 7, 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. 1080:
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 CERTAIN PRISON INMATES TO BE EMPLOYED AS LABOR ON A STATE AGENCY, COUNTY, MUNICIPAL, OR PUBLIC SERVICE DISTRICT PROJECTS MAKING BENEFICIAL PUBLIC IMPROVEMENTS, TO PROVIDE FOR THEIR SUPERVISION AND CONTROL, TO PROVIDE THAT PERSONS CONVICTED OF CRIMINAL SEXUAL CONDUCT OR VIOLENT CRIMES WHILE ON A WORK RELEASE PROGRAM MAY NOT BE SO EMPLOYED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 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. 961:
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
Very respectfully,
President
No. 137
Received as information.
The following was received from the Senate.
Columbia, S.C., June 7, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 4423:
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.
Very respectfully,
President
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, GENTRY and HAYES 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 7, 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. 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. 138
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill 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 Senate returned to the House with amendments the following:
H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.
Rep. T. ROGERS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 7, 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. 1332:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 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. 1394:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 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 H. 4531:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the amendments proposed by the House to H. 4531:
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.
Very respectfully,
President
Received as information.
On motion of Rep. KIRSH the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
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.
The following was introduced:
H. 5192 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper, Winstead, M.D. Burriss, Harrison, Hendricks, McBride, McElveen, McTeer, Short, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, L. Martin, Mattos, McAbee, McCain, McEachin, McGinnis, McKay, McLellan, McLeod, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE 1990 CITADEL BULLDOGS BASEBALL TEAM AND COACH CHAL PORT FOR AN OUTSTANDING SEASON AND FOR THEIR EFFORTS IN THE COLLEGE WORLD SERIES, AND TO INVITE THE TEAM AND ITS COACHES TO APPEAR BEFORE THE GENERAL ASSEMBLY ON MONDAY, JUNE 18, 1990.
Whereas, the Citadel Bulldogs baseball team had an outstanding season of play; and
Whereas, the Bulldogs have a school record of winning 45 games, including 26 in a row and have a win-loss record of 45-14; and
Whereas, The Citadel won eight straight tournament games in capturing the Southern Conference and Atlantic Regional Championships; and
Whereas, the team defeated the Miami Hurricanes in Coral Gables, Florida, to win the NCAA Atlantic Regional thereby becoming the first military college in the nation to earn an invitation to the College World Series; and
Whereas, the Citadel Bulldogs baseball team is ranked nationally within the top ten teams, the school's highest ranking ever; and
Whereas, two players from the team were placed on the All-Atlantic Region first team selected by the American Baseball Coaches Association and one player was named to the All-American first team; and
Whereas, Coach Port is the winningest baseball coach in the college's history and surpassed the six-hundred win mark this season, a career winning percentage of 62.3 percent, and has coached the Bulldogs to twenty-two winning seasons out of twenty-six; and
Whereas, Chal Port was named the 1990 Southern Conference Coach of the Year; and
Whereas, the Citadel Bulldogs made a gallant effort in their bid for the College World Series Championship; and
Whereas, the team and its coaches are invited to appear before the General Assembly on Monday, June 18, 1990. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate the 1990 Citadel Bulldogs baseball team and Coach Chal Port for an outstanding season and for their gallant efforts in the College World Series, and invite the team and its coaches to appear before the General Assembly on Monday, June 18, 1990.
Be it further resolved that a copy of this resolution be forwarded to The Citadel and Coach Port.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5193 -- Reps. Fair, M.O. Alexander, Baker, Blackwell, Clyborne, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF MR. CLYDE "BUTCH" LINDLEY OF GREENVILLE COUNTY, OUTSTANDING FORMER NASCAR RACING CHAMPION, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5194 -- Reps. Sheheen, J. Rogers, Rudnick, McTeer, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING RICHARD E. (DICK) PADGETT OF RICHLAND COUNTY FOR HIS EXCELLENT SERVICE AS SERGEANT AT ARMS OF THE HOUSE OF REPRESENTATIVES AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
Whereas, Richard E. (Dick) Padgett of Richland County served as Assistant Sergeant at Arms of the House of Representatives from 1967-1975; and
Whereas, Dick was elected Sergeant at Arms in 1975 and has served continuously in that position since then; and
Whereas, he has been an outstanding Sergeant at Arms and has rendered exceptional service to the membership of this body at all times; and
Whereas, Dick is a beloved friend whom we admire for his dedication and ability; and
Whereas, regretfully, he is retiring at the end of 1990; and
Whereas, we want him to know that we appreciate his excellent service and will always value his friendship. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank Richard E. (Dick) Padgett of Richland County for his excellent service as Sergeant at Arms of the House of Representatives and wish him happiness following his retirement.
Be it further resolved that a copy of this resolution be forwarded to Dick Padgett.
The Resolution was adopted.
The following was introduced:
H. 5195 -- Reps. Sheheen, J. Rogers, Rudnick, McTeer, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, 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 HOUSE RESOLUTION COMMENDING AND THANKING LEROY CAIN, SR., OF LEXINGTON COUNTY FOR HIS DEVOTED AND OUTSTANDING SERVICE AS ASSISTANT SERGEANT AT ARMS OF THE HOUSE OF REPRESENTATIVES AND EXTENDING TO HIM BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT.
Whereas, Leroy Cain, Sr., of Lexington County was elected Assistant Sergeant at Arms of the House of Representatives in 1976 and has served continuously in that position since then; and
Whereas, Leroy has rendered superb service in this office at all times, and the members are greatly appreciative of his helpfulness and dedication to duty; and
Whereas, we consider him a dear friend and a man who has always had the best interests of this body at heart; and
Whereas, it is with deep regret that we accept the fact that he has decided to retire at the end of this year; and
Whereas, we want Leroy to know that we cherish his friendship and his superb service, and we hope that we will have the opportunity to see him in the future many times. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank Leroy Cain, Sr., of Lexington County for his devoted and outstanding service as Assistant Sergeant at Arms of the House of Representatives and extend to him best wishes for happiness following his retirement.
Be it further resolved that a copy of this resolution be forwarded to Leroy Cain.
The Resolution was adopted.
The following was introduced:
H. 5196 -- Rep. Harvin: A CONCURRENT RESOLUTION TO DIRECT CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES TO DELAY INCREASING FEES BY AUTHORITY OF AN ACT OF 1990 BEARING RATIFICATION NUMBER 652 FOR THIRTY DAYS.
Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Ways and Means.
The following was received.
Columbia, S.C., June 7, 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. 3028:
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.
Very respectfully,
President
No. 139
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill 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.
Upon the withdrawal of objections by Reps. HODGES and McEACHIN, the following Bill was taken up.
S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.
Rep. L. MARTIN moved to reconsider the vote whereby Amendment No. 3 was tabled, which was agreed to.
Amendment No. 3 was then adopted.
Reps. NETTLES, HUFF and WILKINS proposed the following Amendment No. 4 (Doc. No. 2135X), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The first paragraph of Section 14-1-210 is amended to read:
"Beginning on July 1, 1985, and continuously thereafter after that date, each conviction for an offense against the State must be assessed a cost of court fee to fund programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13, of Title 24.
An expenditure of these funds pursuant to this section for an expansion of the Shock Incarceration Program after July 1, 1990, may not impact adversely on programs operating pursuant to Chapter 21 of Title 24./
Renumber sections to conform.
Amend title to conform.
Rep. NETTLES 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. NETTLES, with unanimous consent, it was ordered that S. 1451 be read the third time the next local legislative day.
The following was received.
Columbia, S.C., June 7, 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-664, S. 1593 by a vote of46 to 0.
(R664) S. 1593 -- Senators Setzler, Wilson and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
Very respectfully,
President
No. 065
Received as information.
The following was received.
June 6, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1593, R-664, a Joint Resolution:
(R664) S. 1593 -- Senators Setzler, Wilson and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
This veto is based upon the fact that the provisions of this Joint Resolution are identical to the provisions of H. 5090, R-649, which I signed into law on May 31, 1990. It is my view that since the purpose of this Joint Resolution has already been accomplished, the Joint Resolution is unnecessary and should be vetoed.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Those who voted in the negative are:
Klapman Sturkie Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 7, 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. 698:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 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. 1225:
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.
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 7, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4522:
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.
and asks for a Committee of Conference and has appointed Senators Waddell, Pope and Matthews of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 107
Whereupon, the Chair appointed Reps. McLELLAN, WALDROP and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. BLACKWELL moved that the House recede until 2:30 P.M., subject to the Chair being able to ratify Acts, which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., June 7, 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 H. 4531:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 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. 981:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Stilwell and Mullinax of the Committee of Conference on the part of the Senate on H. 4423:
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.
Very respectfully,
President
No. 090
Received as information.
The following was received.
Columbia, S.C., June 7, 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 H. 4628:
H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
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. Section 56-3-1230 of the 1976 Code is amended to read:
"Section 56-3-1230. License plates shall must be at least six inches wide and not less than twelve inches in length and shall must show in bold characters the year of registration, serial number, and either the full name or the abbreviation of the name of the State and such other distinctive markings as in the judgment of the department may be deemed consider advisable, so as to indicate the class of the weight of the vehicle for which the license plate was issued. The plate shall must be of such a strength and quality that the plate shall to provide a minimum service period of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate but at least every six years. Every five years a new license plate shall be provided by the Department for issuance, except that license License plates issued for vehicles in excess of twenty-four twenty-six thousand pounds shall must be issued annually and no revalidation sticker shall may be issued for such the plates, provided that license plates issued in the year 1976 shall be retained by the owner and shall continue to be valid for an additional two (2) years upon the issuance of a revalidation sticker which shall be affixed thereto.
The face of the license plate to be displayed shall must be treated completely with a retroreflective material which will increase increases the night-time nighttime visibility and legibility of the plate. The department, through its engineering and safety facilities, shall prepare the specifications which such for the retroreflective material shall meet.
In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing, including fees for personalized or special license plates."
SECTION 2. Section 56-3-1960(1) of the 1976 Code is amended to read:
"Section 56-3-1960. (1) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege a vehicle must display a distinguishing license plate which must be issued by the department, pursuant to this section or Section 56-3-1110, for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department, and applicants may apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article, and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a licensed physician's certificate, as required by this subsection."
SECTION 3. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5910. An owner of a motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:
(1) was a member of the United States Armed Forces on December 7, 1941;
(2) was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and
(3) received an honorable discharge from the United States Armed Forces.
Section 56-3-5920. The Department of Highways and Public Transportation shall design a Pearl Harbor survivor license plate for motor vehicles. The license plates issued pursuant to this article must be numbered consecutively and contain the words 'Pearl Harbor Survivor'.
Section 56-3-5930. (A) An applicant must be issued a Pearl Harbor survivor license plate for his private motor vehicle, used for personal conveyance and not for commercial purposes, upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars.
(B) All applications for Pearl Harbor survivor license plates must be verified by the South Carolina State Chairman of Pearl Harbor Survivors.
Section 56-3-5940. In those years in which a metal plate is not issued, for a license plate authorized by this article, a revalidation sticker with a distinctive serial number or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing.
Section 56-3-5950. Only one license plate may be issued to an applicant, and the license plate is nontransferable."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Isadore E. Lourie Irene K. Rudnick Kay Patterson David M. Beasley Thomas H. Pope, III R. Linwood Altman On Part of the Senate On Part of the House
Rep. BEASLEY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 7, 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 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.
Very respectfully,
President
No. 122
The Report of the Committee of Conference having been adopted by both Houses, and this Bill 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.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
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. The General Assembly finds that there is a lack of uniformity in the annual audits of the offices of the county assessor, auditor, treasurer, and tax collector and that on occasion important facts are overlooked or not considered. The purpose of this act is to establish the minimum standard of accounting to be followed so as to increase the accuracy of the audits of these offices.
SECTION 2. The 1976 Code is amended by adding:
"Section 4-9-155. (A) The annual audit of the offices of the county assessor, auditor, treasurer, and tax collector must be conducted in accordance with the standards set forth by the Comptroller General of the United States as published in a volume entitled Government Auditing Standards and the manual and guide prescribed by the South Carolina Tax Commission. The Tax Commission's manual and guide must set forth necessary items, entries, transactions, and other data for the accountant to closely examine in the audit of the offices of the county assessor, county auditor, county treasurer, and county tax collector. A copy of the audit of each of these offices must be provided by the accountant to the Tax Commission and Comptroller General of this State.
(B) Any county in which the governing body fails to require the annual audit to be conducted as required in this section is subject to the penalty provisions of Section 12-43-260 and the Tax Commission upon determining that this failure occurred shall take the actions provided in Section 12-43-260 to impose the penalties provided therein."
SECTION 3. (A) Section 12-43-220(g) is amended by adding at the end:
"The commission shall apply an equalization factor to real and personal property owned by or leased to transportation companies for hire as mandated by federal legislation."
(B) Notwithstanding any other provision of this act, this section applies with respect to taxable years beginning after 1989.
SECTION 4. (A) Section 12-3-80 of the 1976 Code is amended to read:
"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."
(B) Notwithstanding any other provision of this act, this section takes effect upon approval by the Governor.
SECTION 5. (A) The last paragraph of Section 12-3-145B of the 1976 Code, as last amended by Act 78 of 1989, is further amended to read:
"The commission, upon receipt of an application and upon proper investigation, has the authority to may declare the real and personal property of any organization qualifying for an exemption from ad valorem taxation identified in this chapter as exempt churches, parsonages, and burying grounds identified in this subsection exempt from ad valorem taxation and shall verify certify the exemption to the auditor's office in the county in which the property is located. Upon verification certification by the commission, the auditor shall void any tax notice applicable to the property."
(B) Notwithstanding any other provision of this act, this section is effective upon approval by the Governor.
SECTION 6. (A) Section 12-3-140(17) of the 1976 Code, as last amended by Act 78 of 1989, is further amended to read:
"(17) Has the sole responsibility for the assessment, appraisal, and equalization of taxable values upon the property and used in the conduct of their business of the following: franchises of street railway companies, mines, electric railways, telephone companies, water, heat, light and power companies, private car lines, pipe line companies, sewer companies, and airlines, and must assess, appraise, and equalize all real and tangible personal property of manufacturers, headquarters, corporate office facilities, distribution facilities, and all additions to establishments. The commission must also assess to the owner all real or personal property leased to or used by the above-mentioned companies using the unit valuation method or other accepted or recognized methods. When the total value of the utility is estimated and the value apportioned to this State, then the value will be distributed to the taxing jurisdiction in each county where the utility has property on a basis of investment in each jurisdiction. It is the responsibility of each county assessor to determine what portion of the total value in each district is to be assessed as real property. The owner of property leased to or used by the above-mentioned companies must make returns to the commission on forms prescribed by the commission. The Tax Commission shall appraise and assess property leased to any taxpayer under its jurisdiction in the name of the lessee when the unit method of valuation is used or when the taxpayer is an airline or private car line if the property is under the control of the taxpayer and the taxpayer is required to pay the tax."
(B) Notwithstanding any other provision of this act, this section is effective for taxable years beginning after 1989.
SECTION 7. Section 6-21-240 of the 1976 Code is amended to read:
"Section 6-21-240. Any city combining its airport with any harbor improvement plan into a single system as provided in Section 6-21-40 may secure such bonds as may be issued therefor by pledges of the revenues from such combined system and it may additionally secure such bonds by pledges of any of the revenues that might from time to time become receivable by said city from any other source or sources except the proceeds of ad valorem taxes. Bonds issued pursuant to this chapter for such purposes may, in the discretion of the governing body of said city, be primarily secured by a pledge of the net revenues from such system, or, as provided by Section 6-21-440, by a pledge of the gross revenues as herein provided."
SECTION 8. Section 6-21-430 of the 1976 Code is amended to read:
"Section 6-21-430. The governing body of the borrower shall designate as custodian of the gross revenues from the operation of the system, project or combined system bond and interest redemption fund established pursuant to Section 6-21-440 a bank, depository or trust company duly qualified and doing business within the State, which shall be satisfactory to the governing body of such borrower. The bank, depository or trust company shall signify its acceptance of such custodianship by a written instrument directed to the governing body of the borrower. All funds Such fund from time to time derived from the operation of such system, project or combined system or funds of the borrower supplemental to the operation and maintenance fund, the depreciation fund or the contingent fund shall be deposited by such borrower with such bank, depository or trust company and be set apart by such bank, depository or trust company pursuant to written instructions from the borrower into the appropriate fund or funds designated in Section 6-21-440. Each of the designated funds from time to time held by such bank, depository or trust company shall be impressed with a trust for the benefit of the persons entitled thereto."
SECTION 9. Section 6-21-440 of the 1976 Code, as last amended by Act 365 of 1980, is further amended to read:
"Section 6-21-440. In the authorizing ordinance the governing body of the borrower shall set aside monthly (or oftener more often if deemed advisable) and shall pledge either the gross revenues or net revenues of the system, project or combined system, as the governing body of the borrower may determine, into separate and special funds as follows: Out of the gross revenues there shall be first set aside a sum sufficient to pay the principal of and the interest upon the bonds as and when they become due and payable. If the gross revenues of any calendar, operating or fiscal year shall be insufficient to pay the principal of and interest on the bonds maturing in any such calendar, operating or fiscal year, an additional amount sufficient to pay the principal of and interest on such bonds outstanding and unpaid shall be set aside out of the gross revenues of the next succeeding calendar, operating or fiscal year and applied to the payment of the principal of and interest on such outstanding and unpaid bonds. This fund shall be designated the 'bond and interest redemption fund.' Out of the remaining gross revenues there also shall be next set aside a sum sufficient to provide for the payment of all expenses of administration and operation and such expenses for maintenance as may be necessary to preserve the system, project or combined system in good repair and working order. This fund shall be designated the 'operation and maintenance fund.' If the pledge made is of gross revenues, the order of the foregoing set asides shall be first to the bond and interest redemption fund and next to the operation and maintenance fund; if the pledge is of net revenues, the order of the foregoing set asides shall be first to the operation and maintenance fund and next to the bond and interest redemption fund. Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for depreciation of the existing system or combined system. This fund shall be designated the 'depreciation fund.' Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for improvements, betterments and extensions to the existing system, project or combined system, other than those necessary to maintain it in good repair and working order as herein provided. This fund shall be designated the 'contingent fund.' Any surplus revenues thereafter remaining shall be disposed of by the governing body of the borrower as it may determine from time to time to be for the best interest of the borrower.
In the event the proceedings for the issuance of bonds provide for their repayment in whole or in part from front-foot assessments, the borrower need not make the payments provided for in this section for application for the payment of principal and interest on a monthly basis but may make them at least annually, provided that the payments shall be in such amounts and at such times that sufficient funds will be available to pay the principal and interest upon the bonds as and when they become due and payable."
SECTION 10 . This act takes effect July 1, 1991./
Amend title to conform.
James M. Waddell, Jr. Herbert Kirsh John W. Matthews, Jr. Robert N. McLellan Thomas H. Pope Dave C. Waldrop, Jr. On Part of the Senate On Part of the House
Rep. McLELLAN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House stood at ease subject to the call of Chair.
At 3:10 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. G. BROWN a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., June 7, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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.
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.
Very respectfully,
President
No. 124
Received as information.
The Senate returned to the House with amendments the following:
H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.
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. 5197 -- Reps. T.M. Burriss, J. Brown, Corning, Faber, Harrison, McBride, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO RECOGNIZE OUR DISTINGUISHED FRIEND AND COLLEAGUE, THE HONORABLE MILFORD DEAL "MICKEY" BURRISS OF RICHLAND COUNTY, UPON HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES FOR HIS YEARS OF SERVICE AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS TO THE GENERAL ASSEMBLY AND THE PEOPLE OF THIS STATE.
Whereas, the Honorable Milford Deal "Mickey" Burriss has decided not to seek another term as a member of the House of Representatives for Richland County District No. 80;
Whereas, Mr. Burriss has represented the Eastover area for three terms and did not offer for reelection so as to be able to devote more time to his business; and
Whereas, Mr. Burriss has served the people of his district with distinction and always has cast his vote and supported the causes so as to serve the best interests of his constituents; and
Whereas, a native of Anderson County, Mr. Burriss graduated from the University of South Carolina and attended the University of Louisville in Kentucky and the Richland Technical Education Center; and
Whereas, an astute businessman as an electrical contractor, Mr. Burriss served as Vice-President of Carolina Electrical Co., Inc. 1962-89; President, Midlands Association of Mechanical Contractors, 1973; and Master Electrician for the City of Columbia and the Municipal Association and has a South Carolina Unlimited Electrical Contractors License and Unlimited Pole Line and Utilities Contractors License; and
Whereas, it is appropriate that the members of the General Assembly express their appreciation to a member who has served his people well and with honor and wish him good health, happiness, and success wherever the future leads him. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize their distinguished friend and colleague, the Honorable Milford Deal "Mickey" Burriss of Richland County, upon his retirement from the House of Representatives for his years of service and thank him for his valuable contributions to the General Assembly and the people of this State.
Be it further resolved that a copy of this resolution be forwarded to Representative Burriss.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. T.M. BURRISS made a statement relative to Rep. "MICKEY" BURRISS' leaving the House.
Rep. T. ROGERS made a statement relative to Rep. "MICKEY" BURRISS' leaving the House.
Rep. "MICKEY" BURRISS made a statement relative to his leaving the House.
Rep. WELLS made a statement relative to Rep. "MICKEY" BURRISS' leaving the House.
The following was received.
Columbia, S.C., June 7, 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. 974:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 7, 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 H. 4522:
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.
Very respectfully,
President
No. 125
The Report of the Committee of Conference having been adopted by both Houses, and this Bill 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 House stood at ease subject to the call of Chair.
At 3:30 P.M. the House resumed, the SPEAKER in the Chair.
On motion of Rep. FARR the House stood at ease subject to the call of Chair.
At 3:45 P.M. the House resumed, the SPEAKER in the Chair.
Rep. WHITE, from the Beaufort Delegation, submitted a favorable report, with amendments, on:
S. 762 -- Senator Waddell: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THE BLUFFTON AND HILTON HEAD PRECINCTS.
On motion of Rep. KEYSERLING, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 762 -- Senator Waddell: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THE BLUFFTON AND HILTON HEAD PRECINCTS.
Reps. KEYSERLING and WHITE proposed the following Amendment No. 1 (Doc. No. 1907o), which was adopted.
Amend the bill, as and if amended, Section 7-7-110, as contained in SECTION 1, page 1, line 32, after /4/ by inserting /-A; Hilton Head 4-B/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that S. 762 be read the third time the next local legislative day.
The Senate sent to the House the following:
S. 1649 -- Senators Shealy, Martschink, Russell, Wilson, Waddell, Peeler and O'Dell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO TAKE NECESSARY STEPS TO AMEND THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO PROHIBIT THE POWER OF THE UNITED STATES SUPREME COURT TO USURP THE AUTHORITY OF THE CONGRESS AND INDIRECTLY ORDER TAX INCREASES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1651 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE ROAD BETWEEN AIKEN ELEMENTARY SCHOOL AND THE HITCHCOCK PARKWAY "RINEHART ROAD" IN HONOR OF MRS. LYNETTE RINEHART, PRINCIPAL OF AIKEN ELEMENTARY SCHOOL.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1652 -- Senators Lindsay, Saleeby, McLeod, Moore, Land, Pope and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The House stood at ease subject to the call of Chair.
At 4:15 P.M. the House resumed, the SPEAKER in the Chair.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1652 -- Senators Lindsay, Saleeby, McLeod, Moore, Land, Pope and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 1652 -- Senators Lindsay, Saleeby, McLeod, Moore, Land, Pope and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.
Be it resolved by the Senate, the House of Representatives concurring:
That the Joint Insurance Study Committee is requested to study the South Carolina Reinsurance Facility with regard to its rates, losses, operation, and effects of cessation limitation.
Be it further resolved that the committee complete its study and make a report to the General Assembly no later than January 8, 1991.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following was received.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
SECTION 1. Section 14-5-610 of the 1976 Code is amended to read:
"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:
(1) The first circuit shall be is composed of the counties of Calhoun, Dorchester, and Orangeburg;.
(2) The second circuit shall be is composed of the counties of Aiken, Bamberg, and Barnwell;.
(3) The third circuit shall be is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg;.
(4) The fourth circuit shall be is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon;.
(5) The fifth circuit shall be is composed of the counties of Kershaw and Richland;.
(6) The sixth circuit shall be is composed of the counties of Chester, Lancaster, and Fairfield;.
(7) The seventh circuit shall be is composed of the counties of Cherokee and Spartanburg;.
(8) The eighth circuit shall be is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry;.
(9) The ninth circuit shall be is composed of the counties of Charleston and Berkeley;.
(10) The tenth circuit shall be is composed of the counties of Anderson and Oconee;.
(11) The eleventh circuit shall be is composed of the counties of Lexington, McCormick, Saluda, and Edgefield;.
(12) The twelfth circuit shall be is composed of the counties of Florence and Marion;.
(13) The thirteenth circuit shall be is composed of the counties of Greenville and Pickens;.
(14) The fourteenth circuit shall be is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort;.
(15) The fifteenth circuit shall be is composed of the counties of Georgetown and Horry; and.
(16) The sixteenth circuit shall be is composed of the counties of York and Union.
One judge shall must be elected from the first, second, sixth, twelfth, fourteenth, fifteenth and sixteenth circuits. and two Two judges shall must be elected from the third, fourth, fifth, seventh, eighth, ninth, tenth, eleventh, and thirteenth fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits.
In addition to the above judges authorized by this section, there shall must be six ten additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. Such These additional judges shall must be elected without regard to county or circuit of residence. Each office of the at-large judges shall be is a separate office and be is assigned numerical designations of Seat No. 1, Seat No. 2, Seat No. 3, Seat No. 4, Seat No. 5 and Seat No. 6 Seat No. 1 through Seat No. 10 respectively."
SECTION 2. The 1976 Code is amended by adding:
"Section 14-1-215. A retired judge or justice from the Supreme Court, Court of Appeals or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within two years of the date of his appointment to serve."
SECTION 3. Section 9-8-120(3) of the 1976 Code is amended to read:
"(3) Any Subject to the limitations contained in Section 14-1-215, a retired justice or judge may be called upon and appointed by the Chief Justice of the Supreme Court to perform such judicial duties in the Supreme Court, Court of Appeals, circuit courts, and family courts as he may be willing and able to undertake. Any A retired justice or judge serving as an acting associate justice or as a judge, special circuit judge or family court judge shall serve without pay except for his actual expenses while serving. If any such a retired justice or judge shall have has performed for a period of three or more consecutive months full judicial duties as an acting associate justice or as a judge, special circuit judge, or special family court judge, his retirement pay for each full month during such this period shall must be increased by an amount equal to the difference between retirement payment and active pay. Upon certification by the Chief Justice setting forth the number of full months of such the service the State Treasurer shall make payment accordingly."
SECTION 4. The 1976 Code is amended by adding:
"Section 14-1-216. No active family court judge may be assigned to preside over any official proceeding in the circuit court."
SECTION 5. Section 9-8-120(4) of the 1976 Code, as last amended by an unnumbered act of 1990, is further amended to read:
"(4) No justice, or judge while drawing retirement compensation shall engage in the practice of law if such practice shall involve appearing in the courts of this State before a jury, administrative tribunal or judge or shall involve appearing before the Supreme Court of this State. A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State."
SECTION 6. No candidate for judicial office may seek directly 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.
SECTION 7. The 1976 Code is amended by adding:
"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."
SECTION 8. Notwithstanding any other provision of law, a retired justice or judge may draw retirement compensation while employed by a public institution of education; provided, however, that a justice or judge while so employed may not contribute to, or receive service credit in, the South Carolina Retirement System for teachers and employees of the State and political subdivisions or agencies or departments thereof.
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./
Amend title to conform.
Donald H. Holland David H. Wilkins H. Samuel Stilwell Robert W. Hayes, Jr. Michael F. Mullinax Larry E. Gentry On Part of the Senate On Part of the House
Rep. WILKINS explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS 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. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Baker Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Faber Fair Farr Felder Foster Gentry Glover Hallman Harris, J. Harvin Harwell Haskins Hayes Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLeod McTeer Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Snow Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, J. 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. WILKINS, J. ROGERS and McELVEEN 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. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. It is proposed that Section 1 of Article XVI of the Constitution of this State be amended to read:
"Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives. However, for the general election elections in 1990, 1992, and 1994 revision of an entire article or the addition of a new article may be proposed as a single amendment with only one question being required to be submitted to the electors. The amendment may delete, revise, and transpose provisions from other articles of the Constitution provided the provisions are germane to the subject matter of the article being revised or being proposed. If it is agreed to by two-thirds of the members elected to each House, the amendment or amendments must be entered on the Journals respectively, with the yeas and nays taken on it and must be submitted to the qualified electors of the State at the next general election for Representatives. If a majority of the electors qualified to vote for members of the General Assembly voting on the question vote in favor of the amendment or amendments and a majority of each branch of the next General Assembly, after the election and before another, ratify the amendment or amendments, by yeas and nays, they become part of the Constitution. The amendment or amendments must be read three times, on three several days, in each House."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1 of Article XVI of the Constitution be amended so as to provide that in addition to 1990, proposals may also be made for the general election years 1992 and 1994 for the revision of an entire article or the addition of a new article in a single amendment proposal with only one question being required to be submitted to the electors, which proposal may change provisions from other articles if those provisions relate to the subject matter of the article being revised or proposed?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Donald H. Holland David H. Wilkins Thomas L. Moore John I. Rogers, III Glenn F. McConnell Joseph McElveen, Jr. On Part of the Senate. On Part of the House.
Rep. WILKINS 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 7, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:20 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FARR the invitation was accepted.
At 4:20 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R691) S. 1281 -- Senator Moore: AN ACT TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO DELETE THE REQUIREMENT THAT EVERY TAXI MUST BE LICENSED IN COUNTIES CONTAINING A CITY HAVING MORE THAN SEVENTY THOUSAND INHABITANTS AND TO AUTHORIZE THE GOVERNING BODY OF A COUNTY OR CITY TO LICENSE TAXIS ONLY IN THE COUNTY OR CITY WHERE THE TAXI PRINCIPALLY IS OPERATED AT THE TIME OF APPLICATION FOR A LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-23-1215 SO AS TO PROVIDE FOR THE EXCEPTION TO THE MEANING OF OPERATING A TAXI.
(R692) S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: AN ACT TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED, AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988, RELATING TO MILITARY FIREARMS MANUFACTURED IN RICHLAND COUNTY.
(R693) S. 1160 -- Senator Lourie: AN ACT 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.
(R694) S. 1620 -- Senator Pope: AN ACT 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.
(R695) S. 1400 -- Senator Drummond: AN ACT 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.
(R696) S. 732 -- Senator Nell W. Smith: AN ACT 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.
(R697) S. 1332 -- Banking and Insurance Committee: AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO REVISE THE DEFINITION OF BOARD TO DELETE THE REFERENCE TO THE POOL MEMBERS; 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.
(R698) 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: AN ACT 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 CERTAIN PRISON INMATES TO BE EMPLOYED AS LABOR ON A STATE AGENCY, COUNTY, MUNICIPAL, OR PUBLIC SERVICE DISTRICT PROJECTS MAKING BENEFICIAL PUBLIC IMPROVEMENTS, TO PROVIDE FOR THEIR SUPERVISION AND CONTROL, TO PROVIDE THAT PERSONS CONVICTED OF CRIMINAL SEXUAL CONDUCT OR VIOLENT CRIMES WHILE ON A WORK RELEASE PROGRAM MAY NOT BE SO EMPLOYED.
(R699) S. 1225 -- Senators Peeler, Lee, Pope and Lourie: AN ACT 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-5351 SO AS TO PROVIDE THAT A TRUCK WITH MORE THAN FOUR WHEELS OR A TRACTOR-TRAILER DOES NOT HAVE TO BE ELEVATED TO BE INSPECTED AND TO EXEMPT A COMPONENT OF SUCH A VEHICLE WHICH MUST BE JACKED UP FROM INSPECTION.
(R700) S. 1485 -- Corrections and Penology Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE "ADULT JAIL", "SECURE CONFINEMENT", AND "BOOKING", PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE HELD IN NONSECURE CUSTODY, AND REQUIRE LAW ENFORCEMENT AGENCIES TO MAINTAIN JUVENILE ADMISSION AND RELEASE RECORDS; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, TRANSPORTATION, CONFINEMENT, DETENTION, PLACEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
(R701) S. 1374 -- Senator Drummond: AN ACT 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.
(R702) S. 1401 -- Senator Drummond: AN ACT 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.
(R703) S. 1463 -- Senator Nell W. Smith: AN ACT 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 PROVIDE THAT A PERSON MUST SELL A MINIMUM OF TEN WATERCRAFT OR OUTBOARD MOTORS A YEAR TO QUALIFY AS A MARINE DEALER.
(R704) S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE LAKE MURRAY COUNTRY VISITORS CENTER.
(R705) S. 906 -- Senators Courson, Lourie, Wilson, Shealy, Giese, Patterson and Setzler: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 26 TO THE CONGAREE RIVER AND FROM LEESBURG ROAD TO INTERSTATE 20 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.
(R706) S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: AN ACT TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.
(R707) H. 5089 -- Rep. T. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC., AND TO RESTORE THE CHARTER OF LIN WOOD DEVELOPERS, INC.
(R708) H. 5098 -- Rep. G. Brown: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC., OF BISHOPVILLE, S. C., IN LEE COUNTY.
(R709) H. 4476 -- Rep. Moss: AN ACT 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, EXCEPT FOR INFORMATION OR VITAL RECORDS FURNISHED BY AGENCIES UNDER FEDERAL MANDATE TO BE REIMBURSED FOR INFORMATION PROVIDED TO ANY FEDERAL OR STATE AGENCY.
(R710) H. 3904 -- Rep. Altman: AN ACT TO AMEND SECTIONS 56-19-240, 56-19-290, AND 56-19-670, 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, TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES, AND TO PROVIDE THAT THE DELIVERY OF AN ASSIGNMENT BY A LIENHOLDER IS DISCRETIONARY.
(R711) H. 5157 -- Rep. Blackwell: AN ACT TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD AND TO PROVIDE FOR THE BOARD TO HEAR PETITIONS AND PUBLIC CONCERNS ON A PERIODIC BASIS.
(R712) H. 4195 -- Reps. Sharpe, Bruce and Smith: AN ACT 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 WITH DOGS IN ENCLOSURES APPROVED BY THE DEPARTMENT.
(R713) H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: AN ACT TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO INCLUDE THE UNLAWFUL PURCHASING OF A CONTROLLED SUBSTANCE AS A CRIMINAL OFFENSE, SO AS TO EXPAND THE SCOPE OF THE CRIME TO INCLUDE BEING IN A PUBLIC OR PRIVATE SCHOOL, ON A PUBLIC PLAYGROUND OR PARK, AND IN, OR WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF, A PUBLIC VOCATIONAL OR TRADE SCHOOL OR TECHNICAL EDUCATION CENTER, OR A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, PROVIDE FOR A VIOLATION INVOLVING THE DISTRIBUTION, SALE, MANUFACTURE, OR POSSESSION WITH INTENT TO DISTRIBUTE CRACK COCAINE, PROVIDE A PENALTY FOR THE PURCHASE OF A CONTROLLED SUBSTANCE, INCLUDING CRACK COCAINE, CHANGE REFERENCES "PRESUMPTIONS OF INTENT TO DISTRIBUTE" TO "INFERENCES OF INTENT TO DISTRIBUTE", AND CHANGE CODE SECTION REFERENCES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT"; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP BY REGULATION A MODEL SAFE SCHOOLS CHECKLIST TO BE USED BY SCHOOL DISTRICTS TO ASSESS THEIR SCHOOLS' SAFETY STRENGTHS AND WEAKNESSES; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE BY DECEMBER 31, 1990, THE REGULATION REQUIRED PURSUANT TO THE ITEM ADDED TO SECTION 59-5-65 BY THIS ACT; AND TO AMEND SECTION 16-3-1040, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO EXTEND THE PROVISIONS OF THIS SECTION TO A TEACHER OR PRINCIPAL OF AN ELEMENTARY OR SECONDARY SCHOOL.
(R714) H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: AN ACT TO AMEND SECTION 56-5-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THE CIRCUMSTANCES WHEN AN AUTHORIZED EMERGENCY VEHICLE BEING OPERATED AS A POLICE VEHICLE NEED NOT USE AN AUDIBLE AND VISUAL SIGNAL, TO PROVIDE THAT THE CRIMINAL JUSTICE ACADEMY SHALL PROMULGATE REGULATIONS TO PROVIDE UNIFORM GUIDELINES AND TRAINING PROGRAMS FOR LAW ENFORCEMENT AGENCIES WHICH OPERATE EMERGENCY VEHICLES, AND TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL USE THE REGULATIONS TO PROVIDE WRITTEN GUIDELINES AND TRAINING PROGRAMS WITH REGARD TO THE USE OF EMERGENCY VEHICLES BY THEIR OFFICERS AND EMPLOYEES.
(R716) H. 4770 -- Rep. McLellan: AN ACT TO AMEND SECTIONS 13-17-30, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME AND PROPERTY TAXES AND FROM SALES AND USE TAXES UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
(R717) H. 4922 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND THE CONDITIONS UNDER WHICH THE ABOVEGROUND STORAGE, HANDLING, AND USE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS ARE PERMITTED, AND TO PROVIDE FOR THE APPLICATION OF THESE PROVISIONS AND FOR CERTAIN EXCEPTIONS.
(R718) 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 EXTEND THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.
(R719) H. 4531 -- Rep. Beasley: AN ACT 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 PETITIONS OR STATEMENTS OF CANDIDACY.
(R720) H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R721) H. 4256 -- Reps. Blackwell and Cooper: AN ACT TO AMEND SECTION 38-79-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE FOR IT TO BE USED TO PAY GENERAL LIABILITY AS WELL AS MEDICAL MALPRACTICE CLAIMS, SETTLEMENTS, AND JUDGMENTS.
(R722) H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: AN ACT TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF GROUNDWATER AND OTHER WATER RESOURCES OF THE STATE INCLUDING PROVISIONS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT AND TO NEGOTIATE CERTAIN AGREEMENTS, ACCORDS, OR COMPACTS, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
(R723) H. 4727 -- Reps. Bennett and Rhoad: AN ACT TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.
(R724) H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90 AND PROVIDE THAT OF THE FUNDS APPROPRIATED 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.
(R725) H. 4630 -- Reps. McAbee, Felder and Kinon: AN ACT 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.
(R726) H. 3878 -- Reps. McEachin, Hayes and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-7-25 SO AS TO PROVIDE THAT IF PROPERTY IS NOT CONDEMNED UNDER CHAPTER 7 OF TITLE 58, THE FORMER OWNER HAS THE RIGHT TO REPURCHASE THE PROPERTY WITHIN A ONE-YEAR PERIOD; TO AMEND SECTIONS 58-7-20 AND 58-7-30, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY, AND REQUIRE THE COUNTY TO PASS AN ORDINANCE AUTHORIZING A COMPANY TO CONDEMN PROPERTY NECESSARY TO PROVIDE SEWER SERVICES.
(R727) H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE UNINSURED EMPLOYERS' FUND AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE FUND MUST BE ADMINISTERED AND FOR THE PAYMENT OF CLAIMS FROM THE FUND; AND TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT AS A PREREQUISITE TO REIMBURSEMENT FROM THE FUND, THE INSURER IS REQUIRED TO CERTIFY THAT THE MEDICAL AND INDEMNITY RESERVES HAVE BEEN REDUCED TO THE THRESHOLD LIMITS OF REIMBURSEMENT.
(R728) H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: AN ACT TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SEVEN SINGLE-MEMBER ELECTION DISTRICTS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.
(R729) H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-59 SO AS TO MAKE FINDINGS AND DECLARATIONS BY THE GENERAL ASSEMBLY WITH RESPECT TO THE DISPOSAL OF HAZARDOUS WASTE IN THIS STATE AND TO AMEND SECTION 44-56-60, AS AMENDED, RELATING TO THE REQUIREMENT FOR OBTAINING AND ISSUING PERMITS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EVALUATE ANNUALLY TECHNOLOGIES AND METHODS TO REDUCE THE VOLUME OF HAZARDOUS WASTE AND REPORT ITS RESULTS TO THE GENERAL ASSEMBLY BEFORE THE FIRST DAY OF FEBRUARY BEGINNING IN 1991, AND TO REDUCE OVER TWO YEARS THE AMOUNT OF HAZARDOUS WASTE THAT MAY BE DISPOSED OF ANNUALLY BY BURIAL FROM ONE HUNDRED THIRTY-FIVE THOUSAND TONS TO ONE HUNDRED TEN THOUSAND TONS, TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ALLOW LAND DISPOSAL IN EXCESS OF THE ANNUAL LIMIT UPON THE APPROPRIATE CERTIFICATION, TO REQUIRE THE OPERATOR OF A HAZARDOUS WASTE DISPOSAL FACILITY OR SITE TO RESERVE ANNUALLY CAPACITY TO DISPOSE OF SOUTH CAROLINA GENERATED HAZARDOUS WASTE AT LEAST EQUAL TO THE IN-STATE WASTE DISPOSED OF AT THAT SITE OR FACILITY IN THE PREVIOUS YEAR, AND TO PROVIDE EXCEPTIONS, AND TO PROHIBIT THE BURIAL IN A TWELVE-MONTH PERIOD IN THIS STATE OF MORE OUT-OF-STATE GENERATED HAZARDOUS WASTE THAN WAS BURIED IN THE PREVIOUS TWELVE MONTHS.
At 4:35 P.M. the House resumed, the SPEAKER in the Chair.
The Senate returned to the House with amendments the following:
H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.
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 sent to the House the following:
S. 1653 -- Senators Martschink, Passailaigue, Fielding, McConnell, McLeod, Macaulay, Mullinax, O'Dell, Waddell and Moore: A CONCURRENT RESOLUTION TO CONGRATULATE THE 1990 CITADEL BULLDOGS BASEBALL TEAM AND COACH CHAL PORT FOR AN OUTSTANDING SEASON AND FOR THEIR EFFORTS IN THE COLLEGE WORLD SERIES, AND TO INVITE THE TEAM AND ITS COACHES TO APPEAR BEFORE THE GENERAL ASSEMBLY ON MONDAY, JUNE 18, 1990.
The Concurrent Resolution was ordered referred to the Charleston Delegation.
The following was received.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
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. Section 34-11-90(e) of the 1976 Code is amended to read:
"(e) After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf, to apply to the court for an order expunging the records of the arrest and conviction. This provision shall does not apply to any crime classified as a felony. If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person shall have has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act or any other provision of law, except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."
SECTION 2. Section 34-11-60(a) of the 1976 Code, as last amended by Act 517 of 1988, is further amended to read:
"(a) It is unlawful for any a person, with intent to defraud, in his own name or in any other capacity, to draw, make, utter, issue, or deliver to another any a check, draft, or other written order on any a bank or depository for the payment of money or its equivalent, whether given to pay rent, make a payment on a lease, obtain money, services, credit, or property of any kind or nature whatever, or anything of value which includes an obligation or debt of state taxes which is past due or presently due, when at the time of drawing, making, uttering, issuing, or delivering the check or draft or other written order the maker or drawer does not have an account in such the bank or depository or does not have sufficient funds on deposit with the bank or depository to pay the same on presentation, or if the check, draft, or other written order has an incorrect or insufficient signature on it to be paid upon presentation."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John Drummond /s/Jennings G. McAbee /s/James E.Bryan, Jr. Larry E. Gentry /s/H. Samuel Stilwell /s/J. Michael Baxley On Part of the Senate On Part of the House
Rep. McABEE explained the Conference Report.
Rep. LIMEHOUSE raised the Point of Order that the Conference Report was out of order as it was not in compliance with Rule 5.14.
The SPEAKER sustained the Point of Order.
Rep. McABEE moved to waive Rule 5.14.
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. Baker Barber Barfield Baxley Blackwell Blanding Boan Brown, H. Brown, R. Bruce Chamblee Clyborne Cooper Corbett Cork Corning Davenport Fair Farr Felder Foster Gentry Glover Hallman Harris, J. Harvin Harwell Haskins Hayes Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Koon Lanford Littlejohn Mappus Martin, D. Martin, L. Mattos McEachin McGinnis McKay McLellan McLeod Neilson Nesbitt Nettles Phillips Rama Rhoad Short Simpson Smith Snow Sturkie Townsend Vaughn Waldrop Washington Wells Whipper White Wilder Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Limehouse Rudnick
So, Rule 5.14 was waived.
Rep. LIMEHOUSE spoke against the Conference Report and moved to recommit the Report to the Conference Committee.
Rep. BAXLEY moved to table the motion, which was not agreed to by a division vote of 5 to 56.
The question then recurred to the motion to recommit, which was agreed to.
The following was received.
Columbia, S.C., June 7, 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 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.
Very respectfully,
President
No. 140
Received as information.
The House stood at ease subject to the call of Chair.
At 4:58 P.M. the House resumed, the SPEAKER in the Chair.
The Senate returned to the House with concurrence the following:
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.
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.
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.
H. 5191 -- Reps. Harvin and Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT JAMES E. GAMBLE OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND CLARENDON COUNTY FOR HIS COURAGEOUS ACTION IN THE LINE OF DUTY AND TO WISH HIM A SPEEDY RECOVERY FROM THE SERIOUS INJURIES HE INCURRED AS A RESULT OF HIS BRAVERY.
H. 5197 -- Reps. T.M. Burriss, J. Brown, Corning, Faber, Harrison, McBride, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO RECOGNIZE OUR DISTINGUISHED FRIEND AND COLLEAGUE, THE HONORABLE MILFORD DEAL "MICKEY" BURRISS OF RICHLAND COUNTY, UPON HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES FOR HIS YEARS OF SERVICE AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS TO THE GENERAL ASSEMBLY AND THE PEOPLE OF THIS STATE.
Rep. WILKINS moved that the Committee of Conference on the following Concurrent Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
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.
The yeas and nays were ordered.
Rep. McCAIN was recognized.
Rep. McTEER raised the Point of Order that the member could not be recognized as the roll call had already been ordered.
The SPEAKER sustained the Point of Order.
Rep. BAKER raised the Point of Order that 5:00 having arrived, and in accordance with Section 2-1-180 of the Code of Laws, the House should stand adjourned Sine Die.
The SPEAKER sustained the Point of Order.
The SPEAKER appointed Reps. J. ROGERS, WILKINS and WASHINGTON as a committee to notify the Governor that the House pursuant to Section 2-1-180, had adjourned Sine Die.
The SPEAKER appointed Reps. WHIPPER, GREGORY and HASKINS as a committee to notify the Senate that the House pursuant to Section 2-1-180, had adjourned Sine Die.
At 5:00 P.M. the House in accordance with Section 2-1-180 of the Code of Laws adjourned Sine Die in memory of George L. Johnson, Sr.
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