Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God our Father, The Creator of the world and the everlasting Sustainer of it, bless the leaders of this great Nation to be given wisdom to make right decisions and to walk steadfastly in the way of Justice and freedom for all. Help us to be eager to do Your will, obedient to Your commandments and ready to follow Your way.
Bless our Armed Forces at home and abroad. Strengthen their families separated by war. Make us to match fervent prayers with deep dedication to the welfare of our beloved Country. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received.
February 21, 1991
The Honorable Robert J. Sheheen
Speaker, House of Representatives
2105 Lyttleton Street
Camden, S.C. 29020
Dear Speaker Sheheen:
I hereby submit my resignation as a member of the House of Representatives for South Carolina from District 23, Greenville County, effective 12:00 Noon, Friday, February 22, 1991.
Yours Sincerely,
ENNIS M. FANT
Member, House of Representatives
District 23, Greenville County
Received as information.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
February 8, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Petroleum Marketers Association would like to cordially invite the members of the House of Representatives and their staff to a reception on Tuesday, March 5, 1991. The reception will be held from 6:00 P.M. until 8:00 P.M. in the Grand Palm Ballroom at the Columbia Marriott Hotel.
The members of our association look forward to being with you on the evening of March 5.
With kind regards, I am
Sincerely Yours,
Craig Moorehead
Executive Director
October 17, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Re: Manufactured Housing Institute of South Carolina
Drop In
Dear Rep. Foster:
On behalf of the Manufactured Housing Institute of South Carolina, I would respectfully request placement on the House invitation calendar for a reception the evening of March 5, 1991 from 8:00 until 10:00 P.M. at the Carolina Plaza Hotel. The institute plans to honor members of the General Assembly, and at the same time, provide a demonstration of comfortable, affordable housing that can be utilized to meet the housing needs of South Carolinians.
If additional information is needed with regard to this request, I would ask that your staff contact either me or Mr. Steven B. Rogers, Executive Director of the Manufactured Housing Institute.
With my warmest regards.
Yours very truly,
Jay Bender
January 7, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Friends, Trustees and Librarians of South Carolina libraries will be having our annual legislative day on March 6, 1991. All House and Senate members are invited to attend.
Lunch will begin at 12:30 at the Radisson, with a speaker and program to follow. Please put this invitation on the House calendar as an open invitation. If you have any questions or concerns please do not hesitate to contact me.
Thank you for your time.
Virginia Nilles, President
January 10, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The members of the South Carolina Registered Cosmetologist Association would like to again this year have the opportunity to meet and thank the members of the House of Representatives for their work to benefit the State of South Carolina.
We extend to each member and their spouse an invitation to join us for a drop-in to be held Wednesday, March 6, 1991, from 6:00 to 8:00 P.M. at the Town House in Columbia.
We would appreciate your extending this invitation to your colleagues and look forward to seeing each of you.
Sincerely yours,
Sadie Darragh
President, SCRCA
December 17, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Education Legislation Action Network (ELAN) of the South Carolina Chapter of the National Association of Social Workers, I would like to extend an invitation to the members of the House of Representatives to be our guests at a reception to be held at the Marriott Hotel in Columbia, S.C. on March 6, 1991 from 8:00 - 10:00 P.M. We are delighted to be able to honor the members of the General Assembly and hope that you will be able to accept our invitation.
Best of luck in the 109th General Assembly. We look forward to working with you on legislation which impacts and improves the quality of life of the citizens of South Carolina.
Sincerely,
Kathryn Kidd, MSW
January 15, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Carolinas AGC, the construction industry association, is pleased to invite the members of the House to our annual Legislative Reception to be held Tuesday, March 12, 1991, from 6:00 until 8:00 P.M., at the Columbia Embassy Suites Hotel.
Formal invitations will be placed on the Representatives' desks on February 28th. The invitations will include a card requesting the names of attendees, spouses and invited guests (staff).
We look forward to another enjoyable reception and we wish you all great success for 1991.
Sincerely,
Michael D. Covington
SC Director,
Highway-Heavy Division
January 15, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
This letter is to confirm invitation already on the House Calendar.
The South Carolina Federation of Business and Professional Women cordially invite all House Members, as guests, to our Legislative Breakfast which will be at the Carolina Plaza (formerly The Radisson)
on Wednesday, March 13, 1991.
The breakfast will be at 7:30 A.M. and we will be finished in time for you all to get to your meetings.
We look forward to seeing you on March 13th at 7:30 A.M. and promise you all an enjoyable breakfast.
Very truly yours,
Betty B. Bagley
Legislation Chairman
May 24, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Confirming our telephone conversation today, you have reserved Wednesday, March 13, 1991, on the House Calendar for the Legislative Appreciation Dinner to be held by The Electric Cooperatives of South Carolina, Inc.
This event will be held at the Radisson Hotel (Carolina Plaza) beginning with a social hour at 6:00 P.M. and dinner at 7:00 P.M.
Thank you for all your help in reserving this date.
Sincerely,
Janet E. Gerhart
Government Relations Department
November 7, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
I am writing to confirm the date, time and location of the I-85 Business Belt Barbeque at the State House. As we discussed earlier over the phone, we would like to confirm Tuesday, March 19, 1991 as the date for the event on the South Lawn of the State House from 11:00 A.M. to 3:00 P.M. We would also like to hold the lobby in case of rain.
If you have any questions, please do not hesitate to call me. Thank you again for your assistance.
Sincerely,
Anne Revercomb
February 10, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
You and your colleagues in the House are cordially invited to attend a reception in your honor, on Tuesday, March 19, 1991 from 6:00 P.M. to 8:00 P.M. at Stadium Place, 1200 Bluff Road in Columbia.
We have also invited the members of the Senate and Governor, Lt. Governor and their Executive Councils.
We will be mailing invitations to each member, as well as encouraging our industry representatives to contact members personally. Please let me know if there are any other ways we might publicize the event within the legislative community... a calendar, perhaps?
Additionally, if anyone schedules a dinner for the same night as the SPI, reception, please let us know. We would like to contact them and see about coordinating our respective schedules.
Please advise me if you need further information. My direct line is 202/371-5246.
Sincerely yours,
Drew Fleming
Manager, Eastern Section
January 21, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The National Rifle Association would like to hold a legislative reception for all members of the South Carolina House and Senate from 8:00 to 10:00 P.M. on Tuesday, March 19, 1991 at the Columbia Marriott.
Please inform me if this date is still open and if there are any other rules and regulations set forth by the Senate Invitations Committee with which we must comply.
You can contact me at the above address or at (202) 828-6373 -- fax. (202) 861-0306.
Sincerely,
Michael E. Williams
South Carolina State Liaison
November 2, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Santee Cooper's Board of Directors cordially invites the members of the House of Representatives to attend a luncheon on Wednesday, March 20. The luncheon will begin at 12:00 Noon at the Capital City Club.
We look forward to having you join us.
Sincerely,
John S. Rainey
January 8, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Please accept this letter as a formal invitation to the South Carolina House to attend a reception hosted by the South Carolina Medical Association. The reception will be on Wednesday, March 20, 1991, from 6:30 P.M. to 9:00 P.M. at the Capital City Club.
Sincerely,
William F. Mahon
Executive Vice President
February 4, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
South Carolina Woman Involved in Farm Economics (WIFE) would like to invite members of the House to a finger food breakfast in the main lobby of the State House on Thursday, March 21, 1991, in celebration of the arrival of spring, which is National Agriculture Day. The time is 9:00 A.M. to 11:00 A.M.
Yours truly,
Polly Marsh, President
January 14, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina AFL-CIO would like to take this opportunity to invite the members of The House Representatives to a Catfish Supper on Tuesday, March 26, 1991 from 6:00 P.M. to 8:00 P.M.
The supper will be held in Columbia at the South Carolina Army National Guard located at 1225 Bluff Road.
Thank you and we look forward to seeing you.
Sincerely,
G.O. Smoak
President
January 23, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Home Builders Association of South Carolina and the South Carolina Builders Political Action Committee, I am pleased to invite the members of the House of Representatives to be our guests at our annual Bird Supper, Tuesday, March 26, 1991 at the Ellison Building, State Fairgrounds, Columbia, South Carolina. Cocktails will be served at 7:00 P.M. and dinner at 7:45 P.M.
We look forward to this evening with our legislators.
Sincerely,
James A. Brannock
Executive Vice President
January 24, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Due to a conflict with your State of the State Address, the Legislative Reception planned for Wednesday, January 30, 1991 from 6:00 P.M. to 8:00 P.M. at the Capital City Club has been cancelled.
The reception has been rescheduled for Wednesday, March 27, 1991 from 6:00 P.M. to 8:00 P.M. at the Capital City Club. The South Carolina Association for Counseling and Development and the South Carolina Association for Marital and Family apologize for any inconvenience this may have caused you. Please call me at 935-6447 if you need any additional information.
Sincerely,
Robert S. Allen, Ph.D.
Legislative Chairperson
South Carolina Association for
Counseling and Development
Document No. 1338
Promulgated By Board Of Registration For Professional Engineers and Land Surveyors
Minimum Standards Manual For Practice Of Land Surveying In South Carolina
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 7, 1991
Withdrawn and Resubmitted February 21, 1991
The Senate sent to the House the following:
S. 690 -- Senator Land: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO MAKE FEDERALLY- FUNDED MEDICAL PAYMENTS EQUALIZED FOR EQUAL TREATMENT AT ALL MEDICAL FACILITIES ELIGIBLE FOR THESE PAYMENTS SO AS TO ENCOURAGE MORE DOCTORS TO PRACTICE MEDICINE IN RURAL AREAS IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. WAITES, with unanimous consent, the following was taken up for immediate consideration:
S. 697 -- Senators Martschink and Nell W. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS "WOMEN'S HISTORY MONTH" IN SOUTH CAROLINA.
Whereas, the contributions women have made to our state, nation, and world over the centuries is immeasurable; and
Whereas, the members of the General Assembly, by this resolution, in order to publicly recognize these contributions and achievements, are desirous of declaring the month of March as "Women's History Month" in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly declares the month of March as "Women's History Month" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Commission on Women.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 698 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HARRY L. CLINE, LONGTIME CHEROKEE COUNTY PUBLIC DEFENDER, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time and referred to appropriate committees:
H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WERE CONVICTED OF THAT OFFENSE.
Referred to Committee on Judiciary.
H. 3583 -- Reps. McLeod, Sturkie, Fair, Vaughn, Rama, Meacham, A. Young, Haskins, Wright and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-748 SO AS TO PROVIDE FOR THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE TEN DAYS AFTER THE WARRANT FOR HIS ARREST IS ISSUED FOR FAILURE TO PAY CHILD SUPPORT.
Referred to Committee on Judiciary.
H. 3584 -- Reps. R. Young, A. Young, G. Brown, D. Williams, Fulmer, Quinn, G. Bailey, Wright, Rama, McCraw, Jaskwhich, McCain, Phillips, Keegan, Wells, Gonzales, Wofford and Huff: A BILL TO AMEND SECTION 12-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX WITHHOLDING ON SALES OF REAL PROPERTY BY NONRESIDENTS, SO AS TO EXEMPT SALES OF PRIMARY SINGLE FAMILY RESIDENCES FROM THE REQUIREMENT.
Referred to Committee on Ways and Means.
H. 3585 -- Reps. P. Harris, Neilson and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.
Referred to Committee on Labor, Commerce and Industry.
H. 3586 -- Rep. Cato: A BILL TO PROHIBIT RECREATIONAL ACTIVITIES ON LAKES OWNED OR UNDER THE CONTROL OF THE COMMISSION OF PUBLIC WORKS OF THE CITY OF GREENVILLE.
Rep. CATO asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. M.O. ALEXANDER objected.
Referred to Committee on Education and Public Works.
H. 3587 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Referred to Committee on Ways and Means.
H. 3588 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5035 SO AS TO PROHIBIT THE USE OF DEVICES OR MECHANISMS ON MOTOR VEHICLES TO DETECT THE PRESENCE OF RADAR WHICH MEASURES THE SPEED OF MOTOR VEHICLES AND PROVIDE PENALTIES.
Referred to Committee on Education and Public Works.
H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
H. 3590 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-245 SO AS TO PROVIDE THAT WHEN A UNINSURED MOTOR VEHICLE IS INVOLVED IN AN ACCIDENT WHERE THE INSURED DRIVER OF THE OTHER VEHICLE IS AT FAULT, THE UNINSURED DRIVER, IF ANY, IS ENTITLED TO ACTUAL DAMAGES FOR BODILY INJURY ONLY.
Referred to Committee on Labor, Commerce and Industry.
H. 3591 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-51-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF A MOBILE HOME OR MODULAR HOME BY THE OWNER FOR THE NONPAYMENT OF TAXES, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS REDEMPTION INCLUDING THE PERSONS WHO ARE AUTHORIZED TO MAKE THE REDEMPTION, AND TO REPEAL SECTION 12-51-96, RELATING TO CERTAIN CONDITIONS FOR REDEMPTION OF A MOBILE HOME OR MODULAR HOME.
Referred to Committee on Ways and Means.
H. 3592 -- Reps. Snow, Bruce, Bennett and Rhoad: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3594 -- Reps. Cromer, Keegan, Corbett, Baker, Kempe, Vaughn, Cork, J. Bailey, Barber, Waites, J.C. Johnson, A. Young, Rama, L. Elliott, Meacham and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.
Referred to Committee on Judiciary.
H. 3595 -- Rep. Wright: A BILL TO AMEND SECTION 48-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR THE LAND RESOURCES COMMISSION TO PROMULGATE REGULATIONS AND INSPECT FOR IMPLEMENTATION FOR PURPOSES OF THE EROSION AND SEDIMENT REDUCTION ACT OF 1983, SO AS TO DELETE THE EXEMPTION FROM REGULATION FOR LAND OWNED BY OR UNDER THE JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO DELETE THE REQUIREMENT FOR THE DEPARTMENT TO PROMULGATE REGULATIONS FOR EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT PURSUANT TO THE ACT, AND TO REQUIRE THE LAND RESOURCES COMMISSION TO PROMULGATE APPROPRIATE REGULATIONS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-545 SO AS TO ESTABLISH THE CENTURY FARMS PROGRAM ADMINISTERED BY THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3597 -- Reps. Holt, J. Bailey, Barber, G. Bailey, Rama, Whipper, R. Young and Gonzales: A BILL TO AMEND SECTION 55-9-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE AERONAUTICS COMMISSION AND POLITICAL SUBDIVISIONS OF THIS STATE IN REGARD TO THE ESTABLISHMENT OF AIRPORTS, SO AS TO GRANT TO THE POLITICAL SUBDIVISIONS OF THIS STATE BUT NOT TO THE AERONAUTICS COMMISSION CERTAIN ADDITIONAL POWERS IN REGARD TO THE USE AND DISPOSAL OF PROPERTY ACQUIRED FOR AIR TRANSPORTATION AND FACILITIES PURPOSES.
Referred to Committee on Education and Public Works.
S. 226 -- Senators Waddell and Passailaigue: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR INDIVIDUALS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, TO NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.
Rep. McCAIN raised the Point of Order that S. 226 was out of order as it dealt with the disposition of revenue and was inappropriately introduced in the Senate.
The SPEAKER stated that it was in violation of Article III, Section 15 of the Constitution by being introduced in the Senate and he sustained the Point of Order and ordered the Joint Resolution returned to the Senate.
On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:
H. 3593 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 4, 1991, THROUGH SATURDAY, DECEMBER 7, 1991, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, thirty-eight states have successful Youth in Government programs, and thousands of young people have participated in a model legislature and leadership assembly sponsored by the Young Men's Christian Association; and
Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for state-wide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly authorize the Young Men's Christian Association to use the Senate and House of Representatives Chambers Wednesday, December 4, 1991, through Saturday, December 7, 1991, to conduct a Youth in Government program. No charge may be imposed for the use of the chambers by the Young Men's Christian Association for this purpose.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. KINON presented Mr. and Mrs. Andrew Bethea of Dillon County. The Andrew Bethea family has five sons and a daughter-in-law serving in the Armed Forces in Saudi Arabia.
Announcement was made that Dr. Thomas C. Rowland of Columbia is the Doctor of the Day for the General Assembly.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, February 26.
J.B. Williams Rick Quinn Samuel R. Foster Steve Lanford Gene Stoddard Derham Cole L. Morgan Martin
LEAVES OF ABSENCE
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the week due to the death of his wife's sister in Virginia.
The SPEAKER granted Rep. D. MARTIN a leave of absence for the week.
Rep. CARNELL moved that when the House adjourns it adjourn in memory of Brenda Lee Sargent, sister of the wife of Rep. J.C. JOHNSON, which was agreed to.
Rep. WILKES moved to adjourn debate upon the following Bill until Wednesday, March 6, which was adopted.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3181 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO EVALUATE THEIR FACULTIES FOR FLUENCY IN THE ENGLISH LANGUAGE, PROVIDE CERTIFICATES AS TO THAT FLUENCY, PROVIDE FOR PENALTIES FOR NONCOMPLIANCE, AND CONFER POWERS AND DUTIES UPON THE COMMISSION ON HIGHER EDUCATION.
H. 3533 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO LAKE MURRAY - DAILY CREEL AND SIZE LIMIT OF STRIPED BASS (ROCKFISH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1314, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3535 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM/CURRICULUM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3175 -- Rep. Harvin: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CAPTIVE INSURANCE COMPANIES, BY ADDING CHAPTER 91 SO AS TO PROVIDE DEFINITIONS OF TERMS USED IN CONNECTION WITH CAPTIVE INSURANCE COMPANIES; TO PROVIDE RESTRICTIONS ON WHAT INSURANCE BUSINESS MAY BE PERFORMED BY A COMPANY AND TO PROVIDE THE REQUIREMENTS FOR LICENSURE AND FOR CONDUCTING INSURANCE BUSINESS IN THE STATE; TO PROHIBIT THE USE OF A COMPANY NAME THAT MAY BE CONFUSED WITH AN EXISTING BUSINESS NAME; TO PROVIDE UNIMPAIRED PAID-IN CAPITAL REQUIREMENTS; TO PROVIDE FEE SURPLUS REQUIREMENTS; TO PROVIDE FOR REQUIREMENTS SPECIFIC TO THE INCORPORATION OF A CAPTIVE INSURANCE COMPANY; TO REQUIRE FILING OF ANNUAL REPORTS; TO PROVIDE FOR INSPECTIONS AND EXAMINATIONS REGARDING ITS FINANCIAL CONDITION, ABILITY TO FULFILL ITS OBLIGATIONS, AND COMPLIANCE WITH THIS CHAPTER; TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A LICENSE MAY BE SUSPENDED OR REVOKED; TO PROVIDE INVESTMENT REQUIREMENTS; TO AUTHORIZE A COMPANY TO PROVIDE REINSURANCE AND TO PROVIDE REINSURANCE REQUIREMENTS; TO PROVIDE THAT NO COMPANY IS REQUIRED TO JOIN A RATING ORGANIZATION; TO PROHIBIT PARTICIPATION IN OR BENEFIT FROM A PLAN, POOL, ASSOCIATION, OR GUARANTY OR INSOLVENCY FUND; TO PROVIDE A RATE OF TAXATION ON INSURANCE PREMIUMS AND ON ASSUMED REINSURANCE PREMIUMS, TO ESTABLISH A MINIMUM TAX TO BE PAID, TO ESTABLISH PENALTIES FOR FAILURE TO COMPLY, AND TO REQUIRE TEN PERCENT OF THE PREMIUM TAX REVENUES COLLECTED BE APPROPRIATED TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR REGULATING CAPTIVE INSURANCE COMPANIES; TO AUTHORIZE THE PROMULGATION OF REGULATIONS; TO PROHIBIT THE APPLICATION OF OTHER TITLE 38 PROVISIONS TO CAPTIVE INSURANCE COMPANIES; TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND TO PROVIDE FINANCIAL MEANS FOR ADMINISTRATION OF THIS CHAPTER; AND TO PROVIDE THAT TITLE 38 INSURANCE REORGANIZATION, RECEIVERSHIPS, AND INJUNCTIONS APPLY TO CAPTIVE INSURANCE COMPANIES.
H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.
H. 3555 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1304, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3556 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO GROUNDS FOR REVOCATION OF LICENSE; CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1329, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3557 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE ADMINISTRATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1328, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3064 -- Reps. P. Harris, Carnell, Corning, J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1196.AC), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-20-375 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-20-375. Every county or combination of counties establishing a county mental retardation services program, before it comes within the provisions of this article, shall establish a county mental retardation board of not less than five members. The members must be appointed by the Governor, upon the recommendation of the majority of the members of the county legislative delegations of the county or counties participating. The number of members representing each county must be proportional to that county's population in relation to the total population of the counties served by the county board. However, no county participating in a multicounty board may have less than two members. The terms of the members are for four years and until their successors are appointed and qualify. As near an equal number as possible must be appointed each year. Vacancies must be filled for unexpired terms in the same manner as original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.
(A)Before July 1, 1992, county boards of mental retardation must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, and removal of board members and provide for their powers and duties in compliance with state law. The county delegation must appoint members to the board or may designate as the appointing authority county council, a combination of county council and the legislative delegation, or the appointing authority existing on January 1, 1991.
(B) County boards of mental retardation established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A).
(C) After June 30, 1992, the department shall recognize only county boards of mental retardation that plan, administer, or provide services to persons with mental retardation or related disabilities within a county or combination of counties which are created or established pursuant to this section. A county board of mental retardation created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).
(D) A county board of mental retardation is a public entity."
SECTION 2. Section 44-20-378 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-20-378. County Mental Retardation Boards created by actions of county councils have equal status with and shall accept and perform the duties assigned to those created pursuant to Section 44-20-375. The department may contract with them for a full range of mental retardation services. A county board of mental retardation established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard."
SECTION 3. This act takes effect July 1, 1991./
Amend title to conform.
Rep. P. HARRIS moved to table the amendment, which was agreed to.
Reps. P. HARRIS, CARNELL, J. HARRIS and MATTOS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\1223.AC).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-20-375 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-20-375. Every county or combination of counties establishing a county mental retardation services program, before it comes within the provisions of this article, shall establish a county mental retardation board of not less than five members. The members must be appointed by the Governor, upon the recommendation of the majority of the members of the county legislative delegations of the county or counties participating. The number of members representing each county must be proportional to that county's population in relation to the total population of the counties served by the county board. However, no county participating in a multicounty board may have less than two members. The terms of the members are for four years and until their successors are appointed and qualify. As near an equal number as possible must be appointed each year. Vacancies must be filled for unexpired terms in the same manner as original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.
(A)Before July 1, 1992, county boards of mental retardation must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their powers and duties in compliance with state law; however, the appointing authority for board members which existed on January 1, 1991, must be preserved in the ordinance.
(B) County boards of mental retardation established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A).
(C) After June 30, 1992, the department shall recognize only county boards of mental retardation that plan, administer, or provide services to persons with mental retardation or related disabilities within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of mental retardation created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).
(D) A county board of mental retardation is a public entity."
SECTION 2. Section 44-20-378 of the 1976 Code, as added by Act 496 of 1990, is amended to read:
"Section 44-20-378. County Mental Retardation Boards created by actions of county councils have equal status with and shall accept and perform the duties assigned to those created pursuant to Section 44-20-375. The department may contract with them for a full range of mental retardation services. A county board of mental retardation established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard."
SECTION 3. This act takes effect July 1, 1991./
Amend title to conform.
Rep. CARNELL explained the amendment and moved to adjourn debate upon the Bill until Tuesday, March 5, which was adopted.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 5, which was adopted.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, March 5, which was adopted.
H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.
The following Bill was taken up.
H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7242.BD), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 48-27-190 of the 1976 Code is amended to read:
"Section 48-27-190. Licenses shall expire on the last day of the month of June following their issuance or renewal and are invalid on that date unless renewed. It is the duty of the secretary of the board to shall notify, at his last registered address, every person registered under this chapter of the date of the expiration of his license and the amount of the fee required for its renewal for one year. The notice must be mailed at least one month in advance of the date of the expiration of the license. The Board shall set the annual renewal fee by regulation. Renewal of licenses for the following year may be effected at any time during the month of June of the year in which the license has been issued or renewed by the payment of the renewal fee set by the Board. The licenses also may also be renewed during the ensuing three months by the payment of an additional fee set by the Board by regulation for each month or fraction thereof portion of it that payment of the renewal fee is delayed beyond the month of June. The fee must be set by the board by regulation. The board shall make an exception to the foregoing renewal provisions in the case of for a person who is in the Armed Services of the United States. The board shall develop regulations for continuing education or other assessment of continued competence."/
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. M.O. ALEXANDER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3507 -- Rep. J. Bailey: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.
Rep. J. BAILEY explained the Bill.
The following Joint Resolution was taken up.
S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. G. BROWN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The motion of Rep. SHEHEEN to reconsider the vote whereby the following Joint Resolution was rejected was taken up.
H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.
Rep. WILKINS spoke in favor of the motion to reconsider.
Rep. FARR moved to table the motion to reconsider.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Brown, G. Chamblee Fair Farr Foster Gentry Gregory Kirsh McTeer Rudnick Shirley Short Townsend Waldrop White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Beasley Brown, H. Brown, J. Bruce Burch Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fulmer Gonzales Hallman Harris, J. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Keegan Keesley Kempe Keyserling Kinon Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McCain McCraw McGinnis Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Sharpe Sheheen Smith Snow Tucker Vaughn Waites Whipper Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
Rep. WILKINS moved to waive Rule 6.1, which was agreed to.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. BEASLEY moved to recommit the Joint Resolution to the Committee on Judiciary.
Rep. WILKINS moved to table the motion, which was not agreed to by a division vote of 42 to 54.
The question then recurred to the motion to recommit the Joint Resolution to the Committee on Judiciary.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Bailey, K. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, J. Carnell Chamblee Cromer Farr Foster Gentry Glover Gregory Harris, P. Harvin Holt Houck Keesley Kempe Keyserling Kirsh Manly McAbee McCraw McElveen McLeod McTeer Neilson Phillips Rhoad Rudnick Sheheen Shirley Short Smith Townsend Waites Waldrop Whipper White Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Brown, H. Bruce Burch Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, D. Elliott, L. Fair Fulmer Gonzales Hallman Harris, J. Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Kinon Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McCain McGinnis Meacham Nettles Quinn Rama Rogers Ross Sharpe Snow Tucker Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to recommit the Joint Resolution.
Rep. WILKINS moved to adjourn debate upon the Joint Resolution until Wednesday, May 1.
Rep. FOSTER moved that the House do now adjourn, which was rejected by a division vote of 43 to 59.
Rep. WHITE moved to continue the Joint Resolution.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Barber Beatty Brown, G. Carnell Farr Foster Gentry Glover Gregory Harris, P. Harvin Holt Houck Keesley Kempe Kirsh McAbee McCraw McElveen McLeod McTeer Phillips Rudnick Sharpe Shirley Short Townsend Whipper White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Brown, H. Bruce Burch Burriss Cato Chamblee Clyborne Cooper Cork Corning Elliott, L. Fair Fulmer Gonzales Hallman Harris, J. Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Kinon Klapman Littlejohn Marchbanks Martin, L. Mattos McCain McGinnis Meacham Neilson Nettles Quinn Rama Rogers Ross Smith Snow Tucker Vaughn Waldrop Wells Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to continue the Joint Resolution.
Rep. McLEOD moved to table the Joint Resolution.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Beatty Brown, G. Brown, J. Carnell Chamblee Fair Farr Foster Gentry Glover Gregory Harris, P. Holt Houck Kempe Keyserling Kirsh McAbee McCraw McElveen McLeod McTeer Neilson Phillips Rudnick Shirley Short Townsend Waites Waldrop Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Baxley Bennett Brown, H. Bruce Burch Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Gonzales Harris, J. Harvin Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Nettles Quinn Rama Rhoad Rogers Smith Snow Tucker Vaughn Wells Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the Joint Resolution.
The question then recurred to the motion to adjourn debate until Wednesday, May 1, which was agreed to.
I voted as I did on H. 3117 for the following reasons:
1. Several bills or resolutions dealing with government restructure are pending in the Judiciary Committee.
2. I believe that all of these bills and resolutions, including H. 3117, should have been studied, including public hearings and that the House should present the best possible option for any restructure that is necessary.
3. Leaving the Bill, H. 3117, on the calendar makes it likely that other restructure bills will not be considered by the Judiciary Committee and the House. Further, no public input will be received.
Despite the fact that H. 3117 is a proposed constitutional amendment, I feel the House is obliged to submit the best possible plan for necessary restructure to the people of South Carolina. This should not be done "piecemeal".
Respectfully submitted,
Rep. JOE McELVEEN
Rep. HASKINS moved that the House do now adjourn.
Rep. SHARPE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
On motion of Rep. G. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Labor, Commerce and Industry.
H. 3488 -- Reps. M.O. Alexander, T.C. Alexander, J. Bailey, Corning, Sharpe, Klapman, L. Martin, Ross, Smith, Hodges, Koon, Burriss and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.
H. 3575 -- Reps. Manly, Mattos, Cato, Baker, Vaughn, Fair, Jaskwhich and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.
Rep. CORK moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3598 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING ANNE WORSHAM RICHARDSON, WORLD-RENOWNED ARTIST AND NATIVE OF TURBEVILLE, CLARENDON COUNTY, UPON HER RECENT INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3599 -- Reps. Harvin, Baxley, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE ITEM NEWSPAPER AND ITS STAFF ON WINNING THIRTEEN AWARDS FOR NEWSPAPERS AND REPORTING EXCELLENCE FROM THE SOUTH CAROLINA PRESS ASSOCIATION AND TO ENCOURAGE THEM TO CONTINUE THEIR EFFORT IN THE FIELD OF JOURNALISM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time and referred to appropriate committees:
H. 3600 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FORMATION OF SINGLE-MEMBER SCHOOL DISTRICTS IN KERSHAW COUNTY.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3601 -- Rep. Cromer: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR SELL A MOTOR VEHICLE WHICH HAS A SUNSCREEN DEVICE THAT DOES NOT SATISFY THE REQUIREMENTS OF THE SECTION.
Referred to Committee on Education and Public Works.
H. 3602 -- Reps. Townsend and Shirley: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CHILD DAY CARE FACILITIES, SO AS TO INCREASE MAXIMUM ENROLLMENT FOR CHILD DAY CARE CENTERS, GROUP DAY CARE HOMES, AND FAMILY DAY CARE HOMES, AND TO PROVIDE THAT CHILDREN OF THE OPERATOR LIVING IN THE HOME WHERE DAY CARE IS OFFERED ARE EXCLUDED FOR MAXIMUM ENROLLMENT PURPOSES; TO AMEND SECTION 20-7-2730, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES FOR DAY CARE FACILITIES, SO AS TO PROVIDE THAT THE NINETY-DAY PERIOD AFTER WHICH A PROVISIONAL LICENSE MUST BE GRANTED WHEN THE DEPARTMENT OF SOCIAL SERVICES FAILS TO APPROVE OR DENY AN APPLICATION WITHIN THE PERIOD BEGINS TO RUN AFTER WRITTEN NOTICE OF THE APPLICATION IS SENT TO THE APPROPRIATE FIRE SAFETY OFFICIALS; TO AMEND SECTION 20-7-2840, RELATING TO REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO INCREASE THE MAXIMUM ENROLLMENT AND PROVIDE THAT CHILDREN OF THE OPERATOR LIVING AT HOME ARE EXCLUDED FOR MAXIMUM ENROLLMENT PURPOSES; TO AMEND SECTIONS 20-7-2860 AND 20-7-2870, SO AS TO PROVIDE THAT THE POWER OF THE DEPARTMENT OF SOCIAL SERVICES TO WITHDRAW A LICENSE OR CONDUCT OTHER REGULATORY ACTION FOR OVERENROLLMENT MAY BE EXERCISED ONLY AFTER THE LICENSEE HAS RECEIVED THREE WRITTEN VIOLATIONS FOR OVERENROLLMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 20-7-2875 AND 20-7-3097, SO AS TO ALLOW ADDITIONAL DAY CARE ENROLLMENT AFTER SCHOOL HOURS AND DURING SCHOOL VACATIONS IN SCHOOL DISTRICTS WITH ENROLLMENT UNDER FIVE THOUSAND AND TO REQUIRE THE COUNTY DEPARTMENT OF SOCIAL SERVICES TO MAKE CERTAIN MONTHLY REPORTS TO DAY CARE OPERATORS AND INFORM OPERATORS WITHIN THIRTY DAYS OF RECEIVING NOTICE FROM THE STATE DEPARTMENT OF SOCIAL SERVICES OF CHANGES IN LAWS OR REGULATIONS AFFECTING DAY CARE, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO MAKE A CONVICTION GROUNDS FOR DISMISSAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.
Referred to Committee on Judiciary.
H. 3604 -- Reps. Meacham, A. Young, Quinn, Rama, Cromer, Corning, Cato, Wright, Jaskwhich and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-76 SO AS TO REQUIRE BILLS OR RESOLUTIONS AFFECTING STATE AID TO POLITICAL SUBDIVISIONS WHEN REPORTED FROM A COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR SENATE TO HAVE AN IMPACT STATEMENT ATTACHED PREPARED BY THE STATE BUDGET DIVISION DETAILING THE IMPACT OF THE BILL ON STATE AID TO SUBDIVISIONS.
Referred to Committee on Ways and Means.
H. 3605 -- Reps. Waites, Kinon, Keyserling, Rudnick, Kempe, Klapman, McGinnis and Rama: A BILL TO AMEND SECTION 27-18-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT ABANDONED FUNDS BE DEPOSITED IN THE GENERAL FUND OF THE STATE, SO AS TO REQUIRE THAT THESE FUNDS INSTEAD BE DEPOSITED IN THE COUNTY GENERAL FUND.
Referred to Committee on Ways and Means.
H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.
Referred to Committee on Judiciary.
Rep. KIRSH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3284 -- Reps. Keyserling, H. Brown, Rogers, Jaskwhich and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1991 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1991 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 3, 1991, 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.
At 1:20 P.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Brenda Lee Sargent, sister of the wife of Rep. J.C. JOHNSON, to meet at 10:00 A.M. tomorrow.
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