Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in the ancient Book of Ecclesiastes we read (3:9-13 NIV):
"What does the worker gain from his toil?
I have seen the burden God has laid on men.
He has made everything beautiful in its time.
He has also set eternity in the hearts of men;
... I know that there is nothing better
for men than to be happy and do good
while they live.
That every man may eat and drink, and
find satisfaction in all his toil...
This is the gift of God."
Let us pray.
Father, we thank Thee that in a world where there is so much trouble and tragedy... and ugliness, there is still so much, so very much, beauty and goodness.
Help us not to miss the beauty and the goodness, especially the beauty of the trees and flowers and promised harvests, the simple things of life like friends and loved ones who are loyal to us, and so many who are trying to live the good life.
In our dealings with each other this day, may we be moved by the good, the true, and the beautiful that surround us... remembering that "This is the gift of God".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Commission of Consumer Affairs, At-large, with term to expire September 1, 1994:
Ms. DeAnna S. Trout, 1108 Quenby Lane, Moncks Corner, S.C. 29461 VICE Ms. Nell Stewart
Referred to the Committee on Banking and Insurance.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Permanent Advisory Council of the State Development Board, Lexington/Saluda, with term to expire July 2, 1994:
Mr. William DeVaughan Bell, Route 1, Box 10, Wade, S.C. 29166 VICE Mr. Mike Taylor
Referred to the Committee on Labor, Commerce and Industry.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Mining Council, Non-Governmental Conservationist, with term to expire June 30, 1990:
Mr. Joseph Charles Northcutt, 1460 Winton Road, Mt. Pleasant, S.C. 29464 VICE Mr. H.W. Hoefer (deceased)
Referred to the Committee on Agriculture and Natural Resources.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Hearing Aid Dealers and Fitters Commission, Dealer #4, with term to expire November 1, 1993:
Mr. Benjamin Wofford Dawsey, Jr., 4460 Grissom Road, Spartanburg, S.C. 29301 VICE Mr. Herbert Lenoy Kyzer
Referred to the Committee on Medical Affairs.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, South Carolina Advisory Board for Victim Assistance, Physician, with term to expire August 1, 1993:
Thomas Walker Messervy, M.D., 128 Holly Ridge Lane, West Columbia, S.C. 29169 VICE Dr. Daniel Paysinger
Referred to the Committee on Corrections and Penology.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Commission on Women, At-Large, with term to expire October 18, 1993:
Mrs. Clara Holland Heinsohn, 1740 Vassar Drive, Charleston, S.C. 29407 VICE Ms. Barbara Draine Ferer
Referred to the Committee on Judiciary.
April 10, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, South Carolina Commission on Archives and History, American Legion, with term to expire June 30, 1995:
Mr. David C. Bryan, Jr., 617 Twelfth Street, West Columbia, S.C. 29169
Referred to the General Committee.
February 21, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 184, R-339, an Act:
TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO PROVIDE THAT IT IS UNLAWFUL ON AN ELECTION DAY WITHIN TWO HUNDRED FEET OF AN ENTRANCE BEING USED BY THE ELECTORS OR INSIDE THE BUILDING WHERE THE POLLING PLACE IS LOCATED, RATHER THAN WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED, TO DISTRIBUTE CAMPAIGN LITERATURE OR PLACE POLITICAL POSTERS, AND PROVIDE THAT THE POLL MANAGER SHALL USE EVERY REASONABLE MEANS TO KEEP THE AREA WITHIN TWO HUNDRED FEET OF AN ENTRANCE BEING USED BY THE ELECTORS OR INSIDE THE BUILDING WHERE THE POLLING PLACE IS LOCATED, RATHER THAN WITHIN TWO HUNDRED FEET OF THE POLLING PLACE, CLEAR OF POLITICAL LITERATURE AND DISPLAYS.
After reviewing this legislation and conferring with members of the General Assembly, I believe there is sufficient ambiguity in the amendments to Section 7-25-180, Code of Laws of South Carolina, 1976, that I must return this without my signature. The current law is clear in prohibiting campaign literature and campaign workers from harassing or intimidating voters as they enter the polling place. This legislation appears to create an ambiguity as to where these campaign workers and literature can actually position themselves.
In particular, the language I am concerned about is the conjunctive phrase, "or inside the building where the polling place is located." This could be interpreted to actually permit campaign workers and materials inside a polling place if the actual voting station is more than two hundred feet from the door. Even if this language were not ambiguous, I believe the current requirement of the law is an important aspect of a free and unhindered electorate. South Carolina has progressed beyond the point where our voters must be barraged by individuals and/or literature promoting political candidates as they walk into a voting place.
Although I am reluctant to veto this legislation, the ambiguity in its language has left me no choice but to express my concerns through a veto.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Senator PASSAILAIGUE moved that the veto by the Governor be sustained.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Total--0
NAYS
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The necessary two-thirds vote having been received, the veto by the Governor was sustained, and a message was sent to the House accordingly.
April 9, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1323, R-466, an Act:
TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.
This veto is based upon an opinion of the Attorney General's Office dated April 9, 1990, which states in concluding:
"The act bearing ratification number 466 amends Act No. 375 of 1947, as amended by Act No. 595 of 1980; the latter act specified that the ex officio member of the board of the Clarendon Hospital District had no voting privileges. S. 1323, R-466 removes the prohibition against voting by the ex officio board member. Act No. 375 of 1947, in Section 1, specifies that the Clarendon Hospital District is comprised of all of the territory within the boundaries of Clarendon County. Thus, S. 1323, R-466, of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 1323, R-466, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7... "
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Senator LAND moved that the veto by the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The necessary vote having been received, the veto by the Governor was overridden, and a message was sent to the House accordingly.
Senator MOORE introduced Dr. Robert Cutting of North Augusta, Doctor of the Day.
Columbia, S.C., April 11, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 11, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3702 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 11, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 11, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1502 -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1990, "WORKERS' MEMORIAL DAY".
Returned with concurrence.
Received as information.
S. 1503 -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR SCANDINAVIANS FOR THEIR HUMANITY AND BRAVERY IN RESCUING PERSONS OF THE JEWISH FAITH FROM THE HOLOCAUST, AND TO COMMEND "THANKS TO SCANDINAVIA" FOR THEIR EFFORTS IN CREATING A LIVING MEMORIAL FOR ALL GENERATIONS OF THE COURAGEOUSNESS OF SCANDINAVIANS IN THE FACE OF NAZI ATROCITIES.
Returned with concurrence.
Received as information.
S. 1504 -- Senators Passailaigue, McConnell, Fielding and Martschink: A CONCURRENT RESOLUTION TO COMMEND ARTHUR MANIGAULT WILCOX, RETIRED EDITOR OF THE CHARLESTON NEWS AND COURIER, FOR HIS FORTY-FOUR YEARS OF DISTINGUISHED SERVICE AS A JOURNALIST, AND TO WISH HIM A HAPPY AND FRUITFUL RETIREMENT.
Returned with concurrence.
Received as information.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
On motion of Senator SETZLER, with unanimous consent, the Report of Committee of Conference was taken up for immediate consideration.
Senator SETZLER explained the Report.
On motion of Senator SETZLER, the Report was adopted as follows:
The General Assembly, Columbia, S.C., April 3, 1990
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
Strike all after the enacting words and insert:
/SECTION 1. Title 29 of the 1976 Code is amended by adding:
Section 29-6-10. Unless the context otherwise requires in this chapter:
(1) 'Contractor' means a person who contracts with an owner to improve real property or perform construction services for an owner.
(2) 'Improve' means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill, or landscape any real property, or to construct driveways and roadways, or to furnish materials, including trees and shrubbery, for any of these purposes, or to perform any labor upon these improvements, and also means and includes any design or other professional or skilled services furnished by architects, engineers, land surveyors, and landscape architects.
(3) 'Improvement' means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways on real property.
(4) 'Owner' means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. 'Owner' includes any state, local, or municipal government agencies, instrumentalities, or entities.
(5) 'Real property' means the real estate that is improved, including lands, leaseholds, tenements, and hereditaments, and improvements placed on the real property.
(6) 'Subcontractor' means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property.
Section 29-6-20. Performance by a contractor or subcontractor in accordance with the provisions of his contract entitles him to payment from the party with whom he contracts.
Section 29-6-30. When a contractor or a subcontractor has performed in accordance with the provisions of his contract, the owner shall pay the contractor by mailing via first class mail or delivering the undisputed amount of any pay request within twenty-one days of receipt by the owner of any pay request based upon work completed or service provided under the contract, and the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, by mailing via first class mail or delivering the full amount received for that subcontractor's work and materials based on work completed or service provided under the subcontract.
Section 29-6-40. Nothing in this chapter prevents the owner, the contractor, or a subcontractor from withholding application and certification for payment because of the following: unsatisfactory job progress, defective construction not remedied, disputed work, third party claims filed or reasonable evidence that claim will be filed, failure of contractor or subcontractor to make timely payments for labor, equipment, and materials, damage to owner, contractor, or another subcontractor, reasonable evidence that contract or subcontract cannot be completed for the unpaid balance of the contract or subcontract sum, or a reasonable amount for retainage.
Nothing in this chapter requires that payments due a contractor from an owner be paid any more frequently than as set forth in the construction documents, nor shall anything in this chapter affect the terms of any agreement between the owner and any lender.
Section 29-6-50. If a periodic or final payment to a contractor is delayed by more than twenty-one days or if a periodic or final payment to a subcontractor is delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor shall pay his contractor or subcontractor interest, beginning on the due date, at the rate of one percent a month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest has been notified of the provisions of this section at the time request for payment is made. Nothing in this chapter shall prohibit owners, contractors, and subcontractors, on private construction projects only, from agreeing by contract to rates of interest and payment periods different from those stipulated in this section, and in this event, these contractual provisions shall control, provided the requirements of Section 29-6-30 and this section are specifically waived, by section number, in conspicuous bold-faced or underlined type. In case of a wilful breach of the contract provisions as to time of payment, the interest rate specified in this section shall apply.
Section 29-6-60. The provisions of this chapter do not apply to:
(1) residential homebuilders;
(2) improvements to real property intended for residential purposes which consist of sixteen or fewer residential units; or
(3) private persons or entities owning improvements to real property when the specific improvements are not financed by a nonowner."
SECTION 2. This act takes effect upon approval by the Governor./
Phil Leventis Milford D. Burriss Hugh Leatherman Paul E. Short, Jr. Nikki Setzler John B. Williams On Part of the Senate On Part of the House
and a message was sent to the House accordingly.
The PRESIDENT appointed Senators J. VERNE SMITH, COURSON, FIELDING, and HAYES to escort the winners of the 1990 South Carolina Folk Heritage Award and members of the 1990 South Carolina Folk Heritage Award Advisory Committee at the Joint Assembly.
The following were introduced:
S. 1516 -- Senator Long: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1990, AS "SOUTH CAROLINA TOURISM MONTH" TO BE OBSERVED WITH SPECIAL EVENTS PARTICULARLY DURING THE WEEK OF MAY 13-19, 1990, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1517 -- Senators McConnell, Fielding, Helmly, Passailaigue, Lindsay, Rose, Pope, Setzler and Martschink: A JOINT RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.
Read the first time and referred to the Committee on Finance.
S. 1518 -- Senator Long: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF FIFTY DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
Read the first time and referred to the Committee on Finance.
S. 1519 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-745 SO AS TO REQUIRE HIV TESTING OF A PERSON CHARGED WITH THE COMMISSION OF CRIMES DURING WHICH BODY FLUIDS MAY HAVE BEEN TRANSFERRED.
Read the first time and referred to the Committee on Judiciary.
S. 1520 -- Senators Bryan and Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-185 SO AS TO PROVIDE FOR THE APPOINTMENT OF COUNTY ENFORCEMENT OFFICERS AND THEIR POWERS AND DUTIES.
Read the first time and referred to the Committee on Judiciary.
S. 1521 -- Senator Shealy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Senator SHEALY spoke on the Joint Resolution.
Senator J. VERNE SMITH spoke on the Joint Resolution.
Read the first time and referred to the Committee on Judiciary.
S. 1522 -- Finance Committee: A BILL TO AMEND CHAPTER 119 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 7 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS.
Read the first time and ordered placed on the Calendar without reference.
S. 1523 -- Finance Committee: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
Read the first time and ordered placed on the Calendar without reference.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Read the first time and ordered placed on the Calendar without reference.
H. 4975 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE ROGER L. FLOWERS, MEMBER OF THE AGRICULTURE COMMISSION OF SOUTH CAROLINA, AND FLOWERS FARMS OF SUMMERTON, CLARENDON COUNTY, UPON THE CELEBRATION OF THEIR TWENTY-FIFTH ANNIVERSARY OF FARM OPERATIONS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4976 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE WILLIAMSBURG COUNTY DEPARTMENT OF SOCIAL SERVICES AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4977 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF LANE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:
S. 431 -- Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "AVERAGE WEEKLY WAGES" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND REDEFINE THE TERM.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 1342 -- Senators Land and Lourie: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO ELIMINATE THAT FUND, DELETE PROVISIONS, ESTABLISH THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND, PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND FROM ENTERING INTO AN AGREEMENT FOR REIMBURSEMENT OF EXPENSES, COSTS, OR BENEFITS PAID BY THE FUND, DEFINE THE TERM "COSTS", AND PROVIDE FOR THE ANNUAL MAINTENANCE OF THIS FUND AT A LEVEL OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS, RATHER THAN THE MINIMAL TWO HUNDRED THOUSAND DOLLARS FOR THE FORMER INSOLVENCY FUND.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
S. 1380 -- Senator Bryan: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING SO AS TO PROVIDE FOR THE CREATION OF A REBUTTABLE INFERENCE THAT A DRIVER INTENDED TO VIOLATE THE PROVISIONS OF THIS SECTION WHEN THE VIOLATION OCCURRED IN A MOTOR VEHICLE OR A BOAT.
Ordered for consideration tomorrow.
Senator POPE, from the Committee on Judiciary, submitted a favorable report on:
S. 1494 -- Senator Passailaigue: A BILL TO ADOPT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Judiciary, submitted a favorable report on:
H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:
H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
H. 4730 -- Rep. J. Bailey: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTOWNE NEIGHBORHOOD ASSOCIATION.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 4783 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANDY RUN CEMETERY ASSOCIATION IN HAMPTON COUNTY.
Ordered for consideration tomorrow.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
The Senate proceeded to a consideration of the Bill. The question being adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 3214J) was adopted as follows:
Amend the bill, as and if amended, page 25, SECTION 42, by striking /The 1976 Code is amended by adding:/ and inserting /Section 62-3-603 of the 1976 Code is amended to read:/ .
Amend the bill further, as and if amended, page 36, by striking SECTION 59 in its entirety.
Amend the bill further, as and if amended, page 44, beginning on line 11 of Section 62-3-1203(a), as contained in SECTION 70, by striking lines 11 through 12 and inserting therein the following: /decedent, the personal representative, after giving notice to creditors required by Section 62-3-801, but without giving additional notice to creditors, may immediately/ .
Amend the bill further, as and if amended, page 46, beginning on line 11 of Section 62-3-1303, as contained in SECTION 72, by striking /discretion,/ through line 14 and inserting therein /discretion requiring them to appear at such time as may be fixed in the summons to show cause, if any they might have, why such real estate should not be sold./
Amend the bill further, as and if amended, page 56, SECTION 90, by striking /62-5-433(C) is amended to read:/ and inserting therein:
/Section 62-5-433(C) of the 1976 Code is amended to read:/ .
Amend the bill further, as and if amended, page 59, beginning on line 11 of Section 62-5-501(c), as contained in SECTION 92, by striking /probated and/ .
Amend the bill further, as and if amended, page 67, line 2 of SECTION 102, by striking /Part 7 to read/.
Amend the bill further, as and if amended, page 76, line 3 of SECTION 108, by striking /Section 69/ and inserting /Section 102/ .
Amend the bill further, as and if amended, page 76, beginning on line 1 of SECTION 109, by striking /Sections 12-7-2600, 12-16-1960 and 62-9-904 of the 1976 Code are repealed./ and inserting /Sections 12-7-2600, 12-16-1960, and subsection (h) of Section 62-3-914 of the 1976 Code are repealed./.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 962 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-601 SO AS TO PROVIDE THAT A JUVENILE MAY NOT BE INCARCERATED IN A JAIL OR OTHER PLACE OF DETENTION FOR CONTEMPT OF COURT FOR COMMITTING OR VIOLATING A COURT ORDER PROHIBITING THE COMMISSION OF A STATUS OFFENSE, AND BY ADDING SECTION 20-7-602 SO AS TO PROVIDE THAT THE TERMS "JAIL OR OTHER PLACE OF DETENTION" AND "DETENTION FACILITIES" INCLUDE A LAW ENFORCEMENT LOCKUP OR HOLDING CELL FOR PURPOSES OF CERTAIN PROVISIONS OF LAW PROHIBITING THE PLACING OF A JUVENILE IN JAIL FOR A STATUS OFFENSE OR THE PLACING OF A JUVENILE LAWFULLY IN JAIL IN THE SAME CELL WITH ADULTS.
S. 1341 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF A LICENSE PERTAINING TO COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE.
S. 1443 -- Senator Waddell: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE DEFINITION OF "BROKER-DEALER" DOES NOT INCLUDE A PERSON ACTING AS A BUSINESS BROKER WITH RESPECT TO THE SALE TO ONE PERSON OF ALL THE STOCK OF A CLOSELY-HELD CORPORATION.
Senator WADDELL explained the Bill.
S. 1465 -- Senators Peeler, Hinds and McGill: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, ADD THREE MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, AND CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS.
S. 1496 -- General Committee: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.
S. 1498 -- Finance Committee: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE THE FIRST PENALTY DATE ON PROPERTY TAXES FOR THAT TAX YEAR.
S. 1499 -- Finance Committee: A BILL TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.
S. 1474 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE PAROLE BOARD TO REVIEW A PRISONER'S DISCIPLINARY RECORD IN DETERMINING WHETHER TO AUTHORIZE PAROLE AND TO PROVIDE THAT A PRISONER'S IN-PRISON DISCIPLINARY RECORD IS SUBJECT TO THE PROVISIONS OF CHAPTER 4 OF TITLE 30.
On motion of Senator MITCHELL, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senator MITCHELL proposed the following amendment (Doc. No. 1176o):
Amend the bill, as and if amended, in Section 24-21-640 of the 1976 Code, as contained in SECTION 1, by striking /disciplinary record/ which begins on line 17 of the section and inserting /disciplinary and other records/.
Amend the bill further, as and if amended, in Section 24-21-640 of the 1976 Code by striking the last paragraph of the section and inserting:
/Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30./
Amend title to conform.
On motion of Senator MITCHELL, the Bill was carried over.
The following Bills were carried over:
S. 1039 -- Senators Mullinax and O'Dell: A BILL TO AMEND SECTION 40-79-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO DELETE THE PROVISIONS ALLOWING WORK EXPERIENCE TO SATISFY THE REQUIREMENTS.
(On motion of Senator MULLINAX)
S. 907 -- Senator Moore: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR AUTOMOBILE INSURERS TO WRITE COVERAGE FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE AND SMALL COMMERCIAL RISKS, SO AS TO REQUIRE NOTICES OF CANCELLATION TO STATE IN BOLD TYPE THE COMPULSORY AUTOMOBILE LIABILITY AND UNINSURED MOTORIST INSURANCE REQUIREMENT OF THE LAWS OF THIS STATE AND THE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE NOTICE LANGUAGE TO BE PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSION.
(On motion of Senator MOORE)
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.
(On motion of Senator McCONNELL)
S. 1401 -- Senator Drummond: A BILL TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.
(On motion of Senator McCONNELL)
On motion of Senator NELL W. SMITH, with unanimous consent, the Senate members of the Joint Legislative Committee on Children were allowed to meet while the Senate was in session and that the Senate members of the Joint Committee were permitted to be counted in any quorum call.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesley, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The PRESIDENT, on behalf of the Senate, appointed Senators J. VERNE SMITH, COURSON, FIELDING, and HAYES to the Escort Committee.
The Speaker, on behalf of the House of Representatives, appointed Reps. Keyserling, Keesley, Whipper, and H. Brown to the Escort Committee.
The Escort Committees of the Senate and House accompanied the winners of the 1990 South Carolina Folk Heritage Award and the members of the 1990 South Carolina Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.
The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates by Representative Keyserling.
The Reading Clerk of the Senate read the Concurrent Resolution:
S. 1433 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.
The PRESIDENT announced that nominations were in order to elect successors for the position of Associate Justice, South Carolina Supreme Court.
Rep. John I. Rogers, III, Chairman of the Judicial Screening Committee, nominated the Honorable Ernest A. Finney, Jr. of Sumter, S.C. for the position of Associate Justice, South Carolina Supreme Court.
Senator MITCHELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Ernest A. Finney, Jr. was duly elected Associate Justice, South Carolina Supreme Court for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Family Court, Fourth Judicial Circuit, Seat #3.
Rep. John I. Rogers, III, Chairman of the Judicial Screening Committee, nominated the Honorable James A. Spruill, III, of Cheraw, S.C.
Senator MITCHELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James A. Spruill, III, was duly elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Family Court, Sixth Judicial Circuit, Seat #2.
Rep. John I. Rogers, III, Chairman of the Judicial Screening Committee, nominated the Honorable Thomas B. Barrineau, Jr. of Winnsboro, S.C.
Senator MITCHELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas B. Barrineau, Jr. was duly elected to the position of Judge, Family Court, Sixth Judicial Circuit, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill an unexpired term of the position of Judge, Seventh Judicial Circuit.
Rep. John I. Rogers, III, withdrew the names of Thomas C. Dillard of Spartanburg, S.C., William E. Winter, Jr. of Gaffney, S.C., and Thomas Earl Foster of Woodruff, S.C. from consideration.
Rep. John I. Rogers, III, Chairman of the Judicial Screening Committee, nominated the Honorable James Cleveland Tee Ferguson of Spartanburg, S.C.
Senator MITCHELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James Cleveland Tee Ferguson was duly elected to fill the unexpired term of the position of Judge, Seventh Judicial Circuit for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate receded until 2:00 P.M.
At 12:43 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:00 P.M.
At 2:07 P.M., the Senate resumed.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Lee Leventis Long Macaulay Martin Martschink Matthews McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
The Senate resumed.
Senator WADDELL requested and was granted a leave of absence for the remainder of the day.
Senator LEATHERMAN requested and was granted a leave of absence for the remainder of the day.
Senator MITCHELL requested and was granted a leave of absence for the remainder of the day.
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.
The House returned the Bill with amendments.
On motion of Senator ROSE, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.
The following was introduced:
S. 1525 -- Senator Matthews: A CONCURRENT RESOLUTION RECOGNIZING THE MANY ACCOMPLISHMENTS OF PATRICK ELMORE OF DORCHESTER COUNTY, STAR BASKETBALL PLAYER AT THE CITADEL.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Travel and Tourism Forum to attend a luncheon at the State House on May 2, 1990, beginning at 11:00 A.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Society of the Plastics Industry, Inc. to attend a reception at Stadium Place on Wednesday, April 18, 1990, beginning at 6:00 P.M.
The invitation was accepted.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators STILWELL and PASSAILAIGUE explained the Bill.
Senator STILWELL moved that the Bill be given a third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Senator HINDS, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 1096o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, it is desirable to accommodate the needs of non-smokers to be free from exposure to tobacco smoke while in public indoor places; and
Whereas, the Clean Indoor Air Act is an appropriate action to achieve this important objective. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Clean Indoor Air Act of 1990.
SECTION 2. It is unlawful for any person to smoke, or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for herein:
(1) Public schools, including pre-schools and day care centers, except in enclosed private offices and teacher lounges.
(2) Health care facilities as defined in Section 44-7-130 of the Code of Laws of South Carolina, except where smoking areas are designated in employee break areas. No section of this act shall prohibit or preclude a health care facility from being smoke free.
(3) Government buildings (except health care facilities as provided for herein), except that smoking shall be allowed in enclosed private offices and designated areas of employee break areas; provided that smoking policies in the State Capitol and Legislative Office Buildings shall be determined by the office of government having control over that area of the buildings. "Government buildings" shall mean buildings or portions thereof which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof which are leased to other organizations or corporations.
(4) Elevators.
(5) Public transportation vehicles, except for taxicabs.
(6) Arenas and auditoriums of public theatres or public performing art centers; except that smoking areas may be designated in foyers, lobbies or other common areas; and smoking is permitted as part of a legitimate theatrical performance.
SECTION 3. In areas where smoking is permitted in Section 2 of this act, the owner, manager, or agent in charge of the premises or vehicle referenced in Section 2 shall conspicuously display signs designating smoking and non-smoking areas alike, except that signs are not required in private offices.
SECTION 4. In complying with Section 3, the owner, manager or agent in charge of the premises shall make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas by the use of existing physical barriers and ventilation systems.
SECTION 5. A person who violates Section 2, 3, or 4 of this act is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars.
SECTION 6. No person in this State is authorized to require any other person to submit to any form of testing to determine whether or not the person has nicotine or other tobacco residue in his body.
SECTION 7. This act takes effect on the first day of the third month following approval by the Governor./
Amend title to conform.
Senator MACAULAY explained the amendment.
On motion Senator HINDS, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1500 -- Senator Long: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL proposed the following amendment (Doc. No. 1534X), which was adopted:
Amend the bill, as and if amended, in Section 5-37-20(2) of the 1976 Code, as contained in SECTION 1, page 1, line 35, by inserting after /purposes,/ /beach renourishment,/.
Amend title to conform.
On motion of Senator LONG, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 4809 -- Rep. Rhoad: A BILL TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
H. 4653 -- Rep. J. Rogers: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
On motion of Senator GIESE, with unanimous consent, H. 4653 was ordered to receive a third reading on Thursday, April 12, 1990.
H. 4873 -- Rep. Moss: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
On motion of Senator SALEEBY, with unanimous consent, H. 4873 was ordered to receive a third reading on Thursday, April 12, 1990.
S. 1514 -- Senators Setzler, Hayes and Moore: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT SCHOOL BUS TRANSPORTATION STUDY COMMITTEE SHALL SELECT UP TO SIX PILOT PROJECTS AUTHORIZED PURSUANT TO THE PROVISIONS OF PART III, ACT 189 OF 1989 BY APRIL 15, 1990.
On motion of Senator SETZLER, with unanimous consent, S. 1514 was ordered to receive a third reading on Thursday, April 12, 1990.
S. 1515 -- Senator Williams: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO APPOINT A CLERK FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION, SO AS TO CLARIFY THAT THE AUTHORITY TO APPOINT A CLERK IS VESTED IN THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION RATHER THAN IN THE COMMISSIONERS OF ELECTION.
On motion of Senator WILLIAMS, with unanimous consent, S. 1515 was ordered to receive a third reading on Thursday, April 12, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 1142o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-59-10 of the 1976 Code is amended to read:
"Section 40-59-10. For the purpose of this chapter, a 'residential home builder' shall be is one who constructs a residential building or structure for sale or who, for a fixed price, commission, fee or wage, undertakes or offers to undertake the construction, or superintending of the construction, of any building or structure which is not over three floors in height and which does not have more than sixteen units in the apartment complex, or the repair, improvement or reimprovement thereof, to be used by another as a residence when the cost of the undertaking exceeds ten five thousand dollars. Nothing herein shall prevent in this chapter prevents any person, or his agents, from performing these acts on his own residence or on his other real estate holdings held for personal or rental, as opposed to speculative, purposes. Anyone who engages or offers to engage in such undertaking in this State shall be deemed is considered to have engaged in the business of residential home building."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-59-15. A residential specialty contractor is an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor or individual property owner to do any construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11 of this title.
Residential specialty contractors include:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) pest controllers;
(h) floor covering installers;
(i) masons;
(j) dry wall installers;
(k) carpenters;
(l) wallpaperers;
(m) painters."
SECTION 3. Section 40-59-20 of the 1976 Code is amended to read:
"Section 40-59-20.There is hereby created the South Carolina Residential Home Builders Commission, hereinafter referred to as the "Commission" commission. The Commission commission shall must be composed of seven persons who shall have been residents of the State for at least five years and three two of whom shall must be consumers not engaged in the business of residential home building, and four of whom have been actively engaged in residential home building for a period of at least five years prior to the date of their appointment, and one of whom has been actively engaged in residential specialty contracting for a period of at least five years prior to the date of his appointment. One member shall must be appointed from each congressional district and one shall must be appointed from the State at large. Members of the Commission commission shall must be appointed by the Governor with the advice and consent of the Senate for a term of four years ,except for those first appointed one shall serve for a term of one year, one shall serve for a term of two years, one shall serve for a term of three years and two shall serve for a term of four years, or until their successors are appointed and qualify. Any vacancy occurring by reason of death, resignation, removal for cause, or otherwise, shall must be filled for the remainder of the unexpired term in the same manner as provided for the original appointments. The Governor may remove any member of the Commission commission for misconduct, incompetency or neglect of duty.
Each member of the Commission commission shall, before entering upon the discharge of the duties of his office, take and file with the Secretary of State, in writing, an oath to perform properly the duties of his office as a member of the Commission commission and to uphold the Constitution of this State and the United States.
SECTION 4. Section 40-59-40 of the 1976 Code is amended to read:
"Section 40-59-40. The Commission commission, at its first meeting after appointment, shall organize by electing a chairman and a vice-chairman who shall serve for a term of one year and until their successors are appointed and qualify. The Commission commission shall adopt bylaws for the purpose of governing the proceedings of the Commission commission and shall adopt a Commission commission seal on which shall appear the words 'South Carolina Residential Home Builders Commission'."
SECTION 5. Section 40-59-50 of the 1976 Code is amended to read:
"Section 40-59-50. The Commission commission may employ an executive secretary a director to serve at the discretion of the Commission commission. The duties of the executive secretary shall director must be prescribed by the Commission commission and shall include, but not be limited to, the following:
(a) Keep a record of the proceedings of the Commission commission;
(b) Receive and account for all moneys received by the Commission commission; and
(c) Keep a register of all applicants for licenses showing for each the date of application, name, qualifications, place of business, place of residence and whether the license was granted or refused.; and
(d) Keep a register of all residential specialty contractors doing business in this State showing for each the date of registration, name, place of business, place of residence and office telephone number. A residential specialty contractor must notify the commission in writing within thirty days of any change in the information required to be on file with the commission.
The executive secretary director shall execute a bond, payable to the Commission commission, for the proper performance of his duties in such that sum as the Commission commission may require.
The Commission commission may also employ clerical and stenographic assistance and such that other personnel as may be necessary to effectuate the provisions of this chapter. The compensation of all employees of the Commission commission including the executive secretary, shall must be fixed by the Commission commission and paid from the fees received by the Commission commission pursuant to the provisions of this chapter. ; provided, however, that the salary of the executive secretary of the South Carolina Residential Home Builders Commission shall remain at $18,500.00 and any increase in such salary shall be approved by the Budget and Control Board."
SECTION 6. Section 40-59-70 of the 1976 Code is amended to read:
"Section 40-59-70. (A) All residential home builders are shall be required to be licensed by the Commission commission annually under the provisions of this chapter. except that any person engaged in residential home building on or before July 1, 1974, shall be duly licensed by the Commission, without examination, after paying the required annual fee by submitting to the Commission within a period of twelve months after such Commission is established the following:
(a) An affidavit showing that such residential home builder has constructed a minimum of one residential home within a year prior to July 1, 1974; and
(b) An executed bond with a surety approved by the Commission in the sum of ten thousand dollars, or proof of financial responsibility acceptable to the Commission.
Except as provided in this chapter, all licenses shall be issued or renewed upon the payment to the Commission of the annual license fee.
(B) The commission shall issue a license upon the applicant's payment of the examination fee and annual license fee, if the commission, as a result of examining the applicant, has determined that he is qualified to engage in residential building, and has obtained an executed bond with a surety approved by the commission in the sum of fifteen thousand dollars, or proof of financial responsibility acceptable to the commission.
(C) Unless otherwise provided under the provisions of this chapter, the commission shall renew all licenses upon the applicant's submission to the commission of the renewal application, proof of financial responsibility or bond, and payment of the annual license fee.
The annual license fee shall be fees for residential builders must be set by the Commission commission after it considers based on its cost of operation. Such The annual fee fees may be increased or decreased by the Commission commission but in no event shall may the Commission commission set such the annual fee fees at an amount which would not provide sufficient revenues to pay all the salaries, costs, and expenses incurred by the Commission commission in enforcing the provisions of this chapter. All fees beginning with those for period July 1, 1990, to June 30, 1991, must be set by regulation of the commission. The annual license fee shall be fees are for the period of twelve months beginning July first of each year. All license fees collected by the Commission commission shall must be paid into the State Treasury as provided by law for payment into the State Treasury of other taxes."
SECTION 7. The 1976 Code is amended by adding:
"Section 40-59-75. (A) Any person who engages in residential specialty contracting within the meaning of this chapter must register with the commission and pay an annual registration fee. It is unlawful for any person to engage in residential specialty contracting without being registered with the commission.
(B) Any person desiring to use the title 'certified residential specialty contractor' within the meaning of this chapter must meet the qualifications as prescribed by regulation of the commission. It is unlawful for any person not qualified and certified in the manner prescribed in this chapter to use the title 'certified residential specialty contractor'. Annual renewal is required for a certificate to remain in effect. A person desiring to be certified as a residential specialty contractor shall make application on a form prescribed and furnished by the commission. The commission shall review the applications submitted to it and make determinations in each case it considers proper and has final disposition of all applications. In the event certification is denied, an applicant may appeal to the commission within sixty days of receipt of the denial for a review of his application.
(C) All assessments, certification and registration fees must be set by regulation of the commission."
SECTION 8. The 1976 Code is amended by adding:
"Section 40-59-77. (A) The commission shall, by regulation, classify residential specialty contractors in a manner consistent with established usage and procedure in the construction business, and may limit the field and scope of the operations of a certified residential specialty contractor to those in which he is to be certified. All residential specialty contractor certificates issued by the commission must be for one or more of the classifications adopted pursuant to this chapter.
(B) Residential specialty contractors must be qualified and experienced in the particular branches or fields of the contracting vocation in which they intend to, and do, engage. A certified residential specialty contractor may make application for classification, and be classified in, more than one classification if he meets the qualifications prescribed by the commission for the additional classification. The application fee fixed by the commission and a certification fee must be paid for each classification.
Residential specialty contractors certified by the commission are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. Any county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality."
SECTION 9. Section 40-59-80 of the 1976 Code is amended to read:
"Section 40-59-80. Any residential home builder who desires to be licensed under the provisions of this chapter shall make and file with the Commission commission thirty days prior to the next meeting of the Commission commission a written application on such form as may be prescribed by the Commission commission. Such The application shall must be accompanied by the payment of the annual license fee required by the Commission commission and an examination fee as set by the commission. A prerequisite for the taking of an examination for a residential builder's license is a minimum of one year of actual experience under the supervision of a licensed residential builder who is engaged in residential building construction involving the trades or crafts for which the license is desired. After the Commission accepts such application and finds that it is in order, the applicant may be examined by the Commission at its next meeting. The Commission commission, in examining such an applicant, shall consider the following qualifications of the applicant:
(a) Experience experience;
(b) Ability ability;
(c) Character character;
(d) Financial conditions financial condition;
(e) Equipment equipment;
(f) Ability ability and willingness to conserve the public health and safety; and
(g) Other other pertinent information the Commission commission may require.
If, as a result of the examination, the Commission commission finds that the applicant is qualified to engage in residential home building in South Carolina, and if the applicant submits an executed bond in the form and with a surety approved by the commission, or proof of financial responsibility acceptable to the commission, the commission shall issue the license for which the applicant is qualified the applicant shall be issued the license required herein. Any applicant rejected by the Commission commission shall must be given the opportunity to be reexamined after he has paid an additional examination fee, except that if the applicant fails the examination three times he shall wait twelve months before being examined again a new application has been filed and an additional annual fee paid.
A record shall_[STOPN] must be made and preserved by the commission of each examination of an applicant and the findings of the commission pertaining to such the examination. A certified copy of such the record shall be furnished to any applicant requesting such the record upon the payment of a fee to the commission that reasonably reflects the cost of furnishing such the record to the applicant."
SECTION 10. Section 40-59-90 of the 1976 Code is amended to read:
"Section 40-59-90. The commission may revoke, or suspend or restrict for a period not to exceed one year the license of residential home builder certificate of a residential specialty contractor, or registration of a residential specialty contractor who, in the opinion of the commission, has committed fraud or deceit in obtaining a license or certificate or in registering as required by the provisions of this chapter or has been guilty of gross negligence, incompetence, or misconduct in the practice of home building or residential specialty contracting. A person, including the commission, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against a residential home builder licensed under this chapter or a residential specialty contractor certified or registered under this chapter. The charges must be made to the commission in writing and sworn to by the person so charging and must be submitted to the executive secretary director of the commission.
The charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing within three months after the date on which they were preferred. A copy of the charges, together with notice of the time and place of the hearing, must be served legally on the residential home builder or residential specialty contractor charged at least thirty days before the fixed date for the hearing. At the hearing the residential home builder or residential specialty contractor charged may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. If, after the hearing, a majority of the commission votes in favor of revoking, or suspending or restricting for a period not to exceed one year the license of the residential home builder or the certificate or registration of the residential specialty contractor charged on the basis of fraud or deceit in obtaining his license or certificate or in registering with the commission or gross negligence, incompetence, or misconduct in the performance of home building or residential specialty contracting, the commission shall order the license of the residential home builder, the certificate of the residential specialty contractor or the registration of the residential specialty contractor revoked or suspended or restricted for a period not to exceed one year. After the commission revokes or suspends or restricts for a period not to exceed one year the license of the residential home builder the certificate or the registration of the residential specialty contractor, he has ten days to file with the commission written notice of his intention to appeal from the order of the commission. All appeals from the order of the commission are governed by the provisions of Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act).
The commission may reissue a license to a residential home builder or certificate to a residential specialty contractor whose license or certificate was previously revoked if a majority of the members of the commission vote in favor of the reissuance."
SECTION 11. The 1976 Code is amended by adding:
"Section 40-59-95. (A) In addition to all other remedies provided by law, when it appears to the director, either upon complaint or otherwise, that any person or combination of persons has engaged in, or is engaging in any act of contracting, practice, or transaction which constitutes a violation of this chapter or any regulation or order of the commission, whether or not the person is properly licensed, certified, or registered with the commission, the director may either:
(1) serve upon the person not licensed, certified or registered under the chapter, by certified mail or by personal service, a cease and desist order requiring the person to cease and desist immediately, upon receipt of the notice, from engaging in the act, practice, or transaction. If the person fails to comply with the order, the director may file an action in the court of common pleas for enforcement of the cease and desist order or file an action pursuant to item (2) of this subsection, in the court of common pleas to restrain and enjoin the person from engaging in the act, practice, or transaction, and for wilful violation of the order. If the court finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars nor more than two thousand dollars for each violation. Any amount collected as a civil penalty must be remitted pursuant to subsection (B) of this section.
(2) apply through the attorney general, the administrator of the Department of Consumer Affairs, the county attorney, or solicitor of the county in which the act, practice, or transaction is alleged to have been committed, to the court of common pleas of that county for an injunction restraining the person from engaging in the act, practice, or transaction, or doing any act in furtherance of the act, practice, or transaction. Upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction may be granted without bond. Process in the action may be served upon the defendant in any county of this State where he transacts business or is found.
(B) In actions brought under item (2) of subsection (A), each violation of this chapter, or regulation or order of the director constitutes a separate offense and the court may impose a civil penalty not to exceed two thousand dollars for each violation which is in addition to all other penalties provided by law. Fifty percent of the penalty must be remitted to the general fund of the county where the case was tried and fifty percent must be deposited in the state general fund if the violation is prosecuted by the county attorney or solicitor. Seventy-five percent of the penalty must be deposited in the state general fund if the violation is prosecuted by the attorney general or the administrator of the Department of Consumer Affairs, and twenty-five percent must be remitted to the prosecuting agency for expenses in trying the case."
SECTION 12. Section 40-59-100 of the 1976 Code is amended to read:
"Section 40-59-100. A complete roster that shows all the names and places of business of the residential home builders and residential specialty contractors licensed, certified, or registered by the Commission commission during the preceding year shall must be prepared annually by the Commission commission and forwarded to and filed with the clerks of court for the several counties."
SECTION 13. Section 40-59-110 of the 1976 Code is amended to read:
"Section 40-59-110. The commission shall annually submit to the Governor and the General Assembly a report of its transactions for the preceding year including a complete statement of the receipts and expenditures of the commission, a roster of all the residential home builders licensed for that year, all the residential specialty contractors certified or registered for that year, and a list of the residential home builders and residential specialty contractors whose license or certificate was revoked, suspended, or restricted by the commission during the preceding year. The commission shall also annually file with the Secretary of State a certified copy of the report at the same time the report is submitted to the Governor and the General Assembly.
SECTION 14. Section 40-59-120 of the 1976 Code is amended to read:
"Section 40-59-120. The Commission commission is authorized to may promulgate such reasonable rules and regulations as may be necessary to effectuate the provisions of this chapter."
SECTION 15. Section 40-59-130 of the 1976 Code is amended to read:
"Section 40-59-130. Any residential home builder or residential specialty contractor who undertakes or attempts to undertake the business of residential home building or residential specialty contracting without first having procured a valid license or certificate or registered with the commission as required in Section 40-59-50 which has neither expired or nor been revoked, required by the provisions of this chapter or who knowingly presents to, or files false information with, the Commission commission false information for the purpose of obtaining such a license or certificate or becoming registered shall deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than one hundred dollars or imprisoned for not less than thirty days.
No A residential home builder who does not have a license or residential specialty contractor who is not certified or registered as required herein may not bring any action either at law or in equity to enforce the provisions of any contract for residential home building or residential specialty contracting which he entered into in violation of this chapter.
Whenever it shall appear appears to the Commission commission that any residential home builder or residential specialty contractor has violated, or is about to violate, the provisions of this chapter, the Commission commission may in its own name petition the court of common pleas of the county wherein the violation occurred or is about to occur to issue a temporary restraining order enjoining such the violation of this chapter, pending a full hearing to determine whether or not the injunction should must be made permanent."
SECTION 16. Section 40-59-140 of the 1976 Code is amended to read:
"Section 40-59-140. The provisions of this chapter do not apply to any person licensed as a general contractor under the provisions of Chapter 11 of Title 40, for the purpose of undertaking the construction, or superintending of construction, of any building, or the improvement, or reimprovement or repair of any building. No residential home builder who is licensed pursuant to the provisions of this chapter is also required to be licensed as a general contractor or mechanical contractor under the provisions of Chapter 11 of Title 40 in order to engage in residential home building as defined in Section 40-59-10. A mechanical contractor is exempt from the provisions of this chapter relating to residential specialty contractors when engaged in contracting in the classification in which he is licensed to perform mechanical contracting. The Residential Home Builders Commission is the sole licensing, certifying and registration board for persons who engage solely in home residential building only as defined in Section 40-59-10 and in residential specialty contracting as defined in Section 40-59-15."
SECTION 17. Section 40-59-160 of the 1976 Code is amended to read:
"Section 40-59-160. It is the duty of the building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county, to refuse to issue a permit for any undertaking which would classify the applicant as a residential home builder or residential specialty contractor under the provisions of this chapter unless the applicant has furnished evidence that he is either licensed, certified or registered as required by this chapter or exempt from the requirements of this chapter. It is also the duty of the building official, or other authority charged with the duty of issuing building or similar permits, to report to the state licensing board the name and address of any person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a residential home builder or residential specialty contractor under the provisions of this chapter."
SECTION 18. Any person engaged in residential specialty contracting must be duly registered by the commission, upon paying the required annual fee, within six months from the effective date of this act.
SECTION 19. The commission may classify or reclassify existing licenses valid on the effective date of this act into the classifications in which the majority of the licensee's contracting is embraced, which fact must be determined according to the information requested by and given to the commission by the licensee. The commission shall give the licensees the opportunity to qualify for, and be classified and certified in, additional classifications in which they intend to, or do, contract.
SECTION 20. The member of the South Carolina Residential Builders Commission required to be engaged in residential specialty contracting pursuant to Section 40-59-20, as amended by this act, must be appointed upon the expiration of the terms of a member or members who are not engaged in residential specialty contracting. All present members of the commission shall serve until their current terms of office expire.
SECTION 21. This act takes effect July 1, 1990./
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 3125J) was adopted as follows:
Amend the bill, as and if amended, page 3, line 44, by inserting /emergency/ after /makes/ in Section 62-5-310(A), as contained in SECTION 3.
Amend the bill further, as and if amended, beginning on page 4, by striking line 3 on page 4 through line 16 on page 5, in Section 62-5-310, as contained in SECTION 3, and inserting therein the following:
/incapacitated;
(2) no guardian has been appointed previously; and
(3) the welfare of the incapacitated person requires immediate action,
then the court, with or without notice, may appoint a temporary guardian for a specified period not to exceed six months in accordance with the priorities set out in Section 62-5-311.
(B) If the court makes emergency preliminary findings that:
(1) the appointed guardian or temporary guardian is not effectively performing his duties; and
(2) the welfare of the allegedly incapacitated person requires immediate action,
then the court may appoint, with or without notice, a temporary guardian for a specified period not to exceed six months in accordance with the priorities set out in Section 62-5-311.
(C) If the court makes emergency preliminary findings that:
(1) no person appears to have authority to act on behalf of the incapacitated person; or
(2) more than one person is authorized to make health care decisions for the incapacitated person, and these authorized persons disagree on whether certain care must be provided;
(3) the person has been adjudicated as being incapacitated, or a physician has certified to the court, orally or in writing, that the person is incapacitated; and
(4) an emergency exists;
then the court may itself exercise the power of a temporary guardian, with or without notice.
For health care purposes, 'emergency' means that a delay caused by (1) further attempts to locate a person authorized to make health care decisions or (2) proceedings for appointment of a guardian would present a serious threat to the life, health, or bodily integrity of the incapacitated person.
(D) If a temporary guardian is appointed without notice under this section, notice and hearing must be held within fourteen days after the appointment of the temporary guardian.
(E) A temporary guardian is entitled to the care and custody of the ward and the authority of any a permanent guardian previously appointed by the court is suspended so long as a temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make any report reports the court requires. In other respects the provisions of this Code law concerning guardians apply to temporary guardians.
(F) A hearing concerning the need for appointment of a permanent guardian must be a hearing de novo as to all issues before the court."/
Amend the bill further, as and if amended, page 5, beginning on line 29, by striking /in a durable power of attorney executed according to Section 62-5-501/ in Section 62-5-311(B)(1), as contained in SECTION 4.
Amend the bill further, as and if amended, beginning on page 5, by striking line 43 on page 5 through line 2 on page 6, and inserting /regarding the status of a common law spouse is for the purpose of guardianship appointment proceedings only and is not binding in any other court of law or in any administrative proceeding;/ in Section 62-5-311(B)(3), as contained in SECTION 4.
Amend the bill further, as and if amended, page 6, line 11, by striking /incapacitated/ in Section 62-5-311(B)(7), as contained in SECTION 4.
Amend the bill further, as and if amended, page 6, by striking lines 20 through 27, in Section 62-5-501(A), as contained in SECTION 5, and inserting therein the following:
/writing contains (1) the words 'This power of attorney shall is not be affected by physical disability or mental incompetence of the principal which renders the principal incapable of managing his own estate', (2) the words 'This power of attorney becomes effective upon the physical disability or mental incompetence of the principal', or (3) similar words showing the/
Amend the bill further, as and if amended, page 6, line 30, by inserting after the word /incompetence/ the words /or either physical disability or mental incompetence/ in Section 62-5-501(A), as contained in SECTION 5.
Amend the bill further, as and if amended, page 7, line 15, by inserting after the word /succession,/ the words /which may include an authorization for the court to appoint a successor,/ in Section 62-5-501(B), as contained in SECTION 5.
Amend the bill further, as and if amended, page 7, line 22, by inserting after the word /appointed/ the words /unless the power of attorney provides otherwise/ in Section 62-5-501(B), as contained in SECTION 5.
Amend the bill further, as and if amended, page 8, beginning on line 1, by striking /probated and/ in Section 62-5-501(C), as contained in SECTION 5.
Amend the bill further, as and if amended, page 8, line 12, by striking /intestate's/ and inserting therein /intestate's a protected person's/ in Section 62-5-501(D), as contained in SECTION 5.
Amend title to conform.
H. 4730 -- Rep. J. Bailey: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTOWNE NEIGHBORHOOD ASSOCIATION.
On motion of Senator McCONNELL, the Bill was taken up for immediate consideration.
On motion of Senator McCONNELL, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator McCONNELL, H. 4730 was ordered to receive a third reading on Thursday, April 12, 1990.
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator NELL W. SMITH proposed the following amendment (Doc. No. 3429R), which was adopted:
Amend the bill, as and if amended, page 2, line 43 by adding an appropriately numbered section to read:
/SECTION ___. The first paragraph of Section 12-43-220(d)(4) of the 1976 Code is amended to read:
"(4) When real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back taxes for each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder. However, when the change in use is from agricultural to residential, involves five acres or less, is the result of a gift from one family member to another, and the property is to be used for the legal residence of the donee, the roll-back provisions of this subitem do not apply. For the purposes of this subitem, 'a gift from one family member to another' is defined as a gift between or among spouses, former spouses, siblings, parents, children, step-children, grandchildren, grandparents, and great-grandparents. In determining the amounts of the roll-back taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back tax years involved ascertain:"/
Amend title to conform.
Renumber sections to conform.
Senator MACAULAY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following Bill and Joint Resolution were carried over:
H. 4262 -- Reps. Wilkins, Nettles and Burch: A BILL TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.
(On motion of Senator POPE)
H. 4733 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LAY MIDWIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(On motion of Senator GIESE)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (Doc. No. 5101P) previously proposed by Senators HOLLAND, MARTIN, LAND, LONG, MULLINAX and HINDS and printed in the Journal of Thursday, April 5, 1990.
Senator HOLLAND argued in favor of the adoption of the amendment.
Senator WILLIAMS spoke on the amendment.
Senator ROSE spoke on the amendment.
Senator LONG argued in favor of the adoption of the amendment.
Senator HOLLAND asked unanimous consent to make a motion that a call of the Senate be made.
Senator McCONNELL objected.
Senator HOLLAND made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
On motion of Senator HOLLAND, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1437 -- Senators Hinson, McConnell, Mullinax, Mitchell, Giese, Setzler, Williams, Macaulay, Shealy, Martschink, Long, Holland, Wilson, Rose, J. Verne Smith, Pope, Passailaigue, Moore, O'Dell, McGill, Patterson, Fielding, Hinds, Russell, Matthews, Helmly, Leventis and McLeod: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE SAFETY BELTS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A VIOLATION TO BE CHARGED WHEN A PERSON IS STOPPED FOR A DRIVER'S LICENSE OR REGISTRATION CHECK AT A CHECKPOINT.
Senator HINSON moved that the Bill be made a Special Order.
Senator ROSE made a Parliamentary Inquiry as to whether the motion could be made inasmuch as a Senator had noted his desire to be present.
The PRESIDENT stated that the Senate was now in the Motion Period and the motion was properly made.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Fielding Giese Hinds Hinson Holland Lee Macaulay Martin Martschink McConnell McGill O'Dell Rose Russell Shealy Smith, J.V. Smith, N.W. Thomas Wilson
NAYS
Hayes Helmly Long Matthews Passailaigue Patterson Peeler Pope Setzler Stilwell Williams
Having failed to receive the necessary vote, the motion failed.
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
Senator ROSE moved to make the Bill a Special Order.
Senator McCONNELL raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator POPE moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Hayes Hinds Holland Land Long Macaulay Martin Martschink Matthews McGill Moore Mullinax Passailaigue Patterson Peeler Pope Russell Saleeby Setzler Shealy Smith, N.W. Williams Wilson
Drummond Giese Helmly Hinson Lee McConnell O'Dell Rose Smith, J.V. Stilwell Thomas
The Bill, S. 592, was made a Special Order.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
Senator GIESE, having voted on the prevailing side, moved to reconsider the vote whereby the Bill was carried over.
Senator McCONNELL raised a Point of Order that under Rule 33, a vote of three-fourths of those members present would be required to vary the order of the day.
Senators HOLLAND and THOMAS spoke on the Point of Order.
On motion of Senator GIESE, with unanimous consent, the motion was withdrawn.
The Point of Order was moot.
Senator GIESE moved that the Senate revert to the category of Interrupted Debate.
Senators McCONNELL and THOMAS spoke on the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Lee Long Macaulay Martin Martschink Matthews McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
NAYS
McConnell
The motion having been adopted, the Senate reverted to the Interrupted Debate.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
The Senate resumed consideration of the Bill. The question being the adoption of the amendment (Doc. No. 5101P) previously proposed by Senators HOLLAND, MARTIN, LAND, LONG, MULLINAX and HINDS and printed in the Journal of Thursday, April 5, 1990.
Senator LONG argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
Senator SHEALY argued contra to the adoption of the amendment and Senator LAND argued in favor.
Senator MARTIN argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator WILLIAMS spoke on the amendment.
Senator POPE argued contra to the adoption of the amendment.
Senator HOLLAND moved that the amendment be adopted.
Senator POPE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Giese Gilbert Helmly Lee Martschink McConnell O'Dell Passailaigue Peeler Pope Rose Russell Shealy Smith, J.V. Smith, N.W. Stilwell Thomas
NAYS
Bryan Fielding Hayes Hinds Hinson Holland Land Long Lourie Macaulay Martin Matthews McGill Moore Mullinax Patterson Saleeby Setzler Williams Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
Senator BRYAN spoke on the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Hayes Hinds Hinson Holland Land Lindsay Long Lourie Macaulay Martin Matthews McGill Moore Mullinax Patterson Saleeby Setzler Williams Wilson
NAYS
Drummond Giese Gilbert Helmly Lee Martschink McConnell O'Dell Passailaigue Peeler Pope Rose Russell Shealy Smith, J.V. Smith, N.W. Stilwell Thomas
The amendment was adopted.
I voted against allowing retired judges who draw retirement pay to practice law before the courts of this State. I did so with reservation, because I understand the financial hardships which judges undergo and the sacrifices they have to make.
I fully support H. 4483 because judges need full retirement benefits for every year of service and should be paid 90% of their salary after 30 years of service. I support salary increases far beyond present levels. But I believe that South Carolina's judiciary is best served by having a totally independent judiciary, one that gives full retirement benefits to its retiring members with the knowledge that their service on the bench and their prestige is fully compensated for.
To allow retired judges to practice in the courts, as I understand it, is prohibited in a majority of the states which have considered the issue. It also creates an appearance which is problematical because of the close bond which judges have with one another. For a former brother or sister on the bench to appear before an active judge creates, in my opinion, the appearance of a conflict of interest. Our court system is based upon the premise that the playing field will at all times remain level for all participants. Our judiciary in S.C. is truly outstanding, but this amendment will create the wrong impression in the eyes of the public. I cannot ignore appearances.
Senator HOLLAND proposed the following amendment (Doc. No. 5126P), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The Code of Laws of South Carolina, 1976 is amended by adding an appropriately numbered Section to read:
"Section ___. No state employee while drawing retirement compensation shall engage in any consulting or contractual relationship with any agency, institution, or political subdivision of the State."/
Amend title to conform.
On motion of Senator HOLLAND, with unanimous consent, the amendment was withdrawn.
Senator POPE proposed the following amendment (Doc. No. 5125P), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. If a former judge practices law and that practice includes appearing in the courts of this State, he shall forfeit his entitlement to retirement compensation for the time period during which he engages in such practice of law./
Amend title to conform.
Senator POPE argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator POPE moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Hayes Helmly Hinds Hinson Holland Land Long Lourie Macaulay Martin Matthews McGill Moore Mullinax Passailaigue Stilwell Williams Wilson
Drummond Gilbert Lee Martschink McConnell McLeod O'Dell Peeler Pope Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Thomas
The amendment was laid on the table.
Senator MARTIN proposed the following amendment (Doc. No. 5127P), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 44, by striking SECTIONS 2 and 3 in their entirety.
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY moved that the Senate do now adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Total--0
NAYS
Bryan Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Lee Long Lourie Macaulay Martschink McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Peeler Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
The Senate refused to adjourn.
Senator SHEALY proposed the following amendment (Doc. No. 0565I):
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. "A retired judge practicing law shall not appear in a judicial or administrative proceeding before any judge who served while said retired judge was serving as a judge."/
Amend title to conform.
Renumber sections to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator WILLIAMS asked unanimous consent to make a motion to carry over the Bill until Tuesday, April 17, 1990, and further, to fix a time certain at 12:30 P.M., to vote on the entire matter.
Senator MOORE objected.
At 5:40 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.
At 5:44 P.M., the Senate resumed.
Senator SHEALY continued arguing in favor of the adoption of the amendment.
On motion of Senator WILLIAMS, with unanimous consent, Senator SHEALY retaining the floor, the Bill was carried over until Tuesday, April 17, 1990, with a time certain of 12:30 P.M., Tuesday, April 17, 1990, fixed to vote on the entire matter, including any further amendments which may be placed on the desk, and including any motions to reconsider made in accordance with the Rules of the Senate; provided, that brief remarks at the discretion of the Presiding Officer would be allowed in explanation of any amendment.
Debate was interrupted.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 4807 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS AND SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE REDUCED UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GIESE was recognized to speak on the Bill.
Senator McLEOD asked unanimous consent, with Senator GIESE retaining the floor, to make a motion to adjourn debate on the Bill.
The motion was adopted.
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
On motion of Senator LONG, with unanimous consent, the vote whereby the Bill received a third reading was reconsidered.
Senators LONG and HINDS proposed the following amendment (Doc. No. 0566I), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Chapter 77 of Title 38 of the 1976 Code is amended by adding:
"Section 38-77-595. The Governing Board may designate an applicant who would otherwise be ineligible for designation because of a direct or indirect connection with any voluntary market outlet for automobile insurance, if that connection is due to the ability to write 'small commercial risks', as defined in Section 38-77-30(11). The Governing Board may designate such an applicant for the limited purpose of servicing risks of 'individual private passenger automobile' insurance, as defined in Section 38-77-30(5.5), when it determines that insufficient market outlets exist in a particular area previously served by the applicant for 'individual private passenger automobile' insurance."/
Amend title to conform.
Renumber sections to conform.
Senator LONG explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4905 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 18, 1990, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, AND WINTHROP COLLEGE, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1990 AND TO FILL VACANT SEATS ON THESE BOARDS THE PRESENT TERMS FOR WHICH EXPIRE IN 1990 AND 1992.
On motion of Senator MACAULAY, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
Senator MACAULAY proposed the following amendment (Doc. No. 1163o), which was adopted:
Amend the resolution, as and if amended, by striking /12:00 noon/ on line 3 following the resolving words and inserting /11:00 a.m./.
Amend the resolution further, as and if amended, by adding the following at the end:
/Be it further resolved that no nominating speeches may be made regarding candidates for these offices, except that members may submit nominating or seconding statements that shall be printed in the journals of the respective houses./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted, ordered returned to the House.
At 5:56 P.M., on motion of Senator McLEOD, the Senate adjourned to meet tomorrow at 11:00 A.M.
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