Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for the further accomplishments of our Country and her allies. We are grateful for heros' valor and for the toil of hand and brain that have brought freedom to so many people. Continue to direct all to a deep devotion and dedication to tasks unfinished that great things may be accomplished. Keep firm every effort to make permanent the blessings of liberty for both this generation and generations to come. May all of us do what we ought to do that law and order prevail, justice be done, and people live together in peace.
We pray to our God in the words of the Psalmist: "I put my trust in You" (Psalm 25:20a). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3339 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3376 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES WITHOUT LIMITATION AS TO WIDTH, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3491 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT, UPON VERIFICATION BY THE COUNTY VETERANS' AFFAIRS OFFICER THAT THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS HAS RATED A NONSERVICE-CONNECTED VETERAN AS ENTITLED TO CERTAIN BENEFITS, A PLACARD MUST BE ISSUED PURSUANT TO SECTION 56-3-1960 (FREE PARKING FOR HANDICAPPED PERSONS) WITHOUT THE NECESSITY OF PHYSICIAN'S STATEMENT AND WITHOUT FEES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 3615 -- Rep. Sheheen: A HOUSE RESOLUTION TO FIX TUESDAY, MARCH 5, 1991, AT 12:15 P.M., AS THE TIME FOR THE HOUSE OF REPRESENTATIVES TO ELECT TWO OF ITS MEMBERS TO THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE.
Be it resolved by the House of Representatives:
That Tuesday, March 5, 1991, at 12:15 p.m., is fixed as the time for the House of Representatives to elect two of its members to the Legislative Audit Council Nominating Committee.
The Resolution was adopted.
The following was introduced:
H. 3616 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROBERT S. TURNER OF GEORGIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 27, 1991.
The Concurrent Resolution was ordered placed on the Calendar.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3617 -- Reps. Hayes, Fair, Huff, Keesley, Altman, Koon, L. Martin, Sharpe, Smith, Waites and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1025 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON BEER EQUAL TO FORTY-TWO HUNDREDTHS CENTS AN OUNCE AND ON WINE EQUAL TO SIXTY-THREE HUNDREDTHS CENTS AN OUNCE AND TO DEDICATE A PORTION OF THE REVENUE FROM THE TAX FOR ALCOHOL AND DRUG ABUSE PROGRAMS AND ENFORCEMENT.
Referred to Committee on Ways and Means.
H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.
On motion of Rep. L. ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: A BILL TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.
On motion of Rep. J. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3620 -- Rep. Hodges: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED FOR THE PERSONAL MOTOR VEHICLE OF A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED.
Referred to Committee on Ways and Means.
H. 3621 -- Medical, Military, Public and Municipal Affairs 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.
Without reference.
H. 3622 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITION OF TERMS APPLYING TO PRIVATE NURSING PRACTICE FOR REGISTERED NURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1265, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3624 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-95 SO AS TO PROVIDE FOR THE ESTABLISHMENT BY THE STATE DEPARTMENT OF SOCIAL SERVICES OF WRITTEN CRITERIA FOR EVALUATING A COUNTY DEPARTMENT, AN ADVISORY COMMITTEE, EVALUATIONS, CORRECTIVE ACTION PLAN, IMPROVEMENTS, ESCROW OF FUNDS, AND COUNTY DIRECTORS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
Referred to Committee on Judiciary.
H. 3626 -- Reps. McAbee, Sharpe, Smith, Keegan, Snow, Holt, Jaskwhich, Felder, Chamblee, D. Elliott, Rama, Gonzales, Altman and Phillips: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO INCLUDE TOURISM FACILITIES AND DEFINE THE TERM.
Referred to Committee on Ways and Means.
H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.
Referred to Committee on Ways and Means.
H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Education and Public Works.
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. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Cooper Corbett Cork Corning Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McAbee McCain McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, February 28.
Roger Young E. Dewitt McCraw J.L. Mann Cromer Grady Brown Lewis R. Vaughn Lenoir Sturkie Thomas E. Huff Howell Clyborne Michael F. Jaskwhich Timothy Rogers Dell Baker Rick Quinn Steve Lanford Derham Cole Maggie Glover
LEAVE OF ABSENCE
The SPEAKER granted Rep. D. MARTIN a leave of absence for the day.
Reps. HARVIN, KOON and M. MARTIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 27.
Announcement was made that Dr. Julius Leary of Greenwood is the Doctor of the Day for the General Assembly.
Rep. WILDER moved that when the House adjourns it adjourn in memory of Mrs. Thelma Kitchings of Williston, which was agreed to.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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.
Rep. RAMA moved to adjourn debate upon the following Bill until Wednesday, March 6, which was adopted.
H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill was taken up.
H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.
Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3041 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3176 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9203.JM).
Amend the bill, as and if amended, by striking Section 15-75-50, as contained in SECTION 1 of the bill, and inserting:
/"Section 15-75-50. (A) As used in this section:
(1) 'Person' means any individual, firm, organization, partnership, association, or corporation.
(2) 'Unsolicited advertising material' means advertising material other than material transmitted:
(a) in response to an express request of the person receiving the material;
(b) to any person with whom the person transmitting the material has an existing business relationship or has had a previous business relationship.
(B) No person may use a machine that electronically transmits facsimiles of documents through connection with a telephone network to transmit within this State unsolicited advertising material for the sale of any real property, goods, or services.
(C) The Attorney General may bring an action to impose a civil penalty upon, and to seek injunctive relief against, anyone who violates the provisions of subsection (B). The civil penalty may not exceed five hundred dollars a violation. Each transmission is considered a separate violation."/
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.
H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.
Rep. ALTMAN explained the Bill.
H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.
Rep. McABEE explained the Bill.
Rep. CARNELL asked unanimous consent that H. 3558 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. WALDROP asked unanimous consent to recall S. 641 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. KLAPMAN objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 27, by Rep. McCAIN.
Rep. McLEOD spoke against the amendment and moved to adjourn debate upon the Senate Amendments until Wednesday, March 6, which was adopted.
The motion period was dispensed with on motion of Rep. J.W. JOHNSON.
Debate was resumed on the following Bill, the pending question being the consideration of Amendments.
H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Corning, Quinn, Marchbanks, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Reps. MANLY and CROMER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11303.DW), which was rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 2. Section 56-5-5360(d) of the 1976 Code is amended to read:
"(d) Official inspection stations may charge a fee of not more than two five dollars and fifty cents for each inspection and fifty cents for the issuance of each inspection certificate. Provided, that if any If a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection originally. Inspection forms shall must be prepared by the State Highway Department South Carolina Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents each."
SECTION 3. This act takes effect ninety days after approval by the Governor./
Amend title to conform.
Rep. MANLY explained the amendment.
Rep. CROMER spoke in favor of the amendment.
Rep. BRUCE spoke against the amendment and moved to table the amendment.
Rep. CORK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baxley Boan Brown, G. Bruce Burch Carnell Cato Chamblee Cole Cooper Fair Farr Foster Fulmer Gentry Gonzales Hallman Harris, J. Haskins Holt Johnson, J.W. Kirsh Littlejohn Marchbanks Martin, L. McAbee McCain McCraw McGinnis McLeod McTeer Phillips Quinn Rama Rhoad Rudnick Sharpe Shirley Smith Townsend Tucker Vaughn Waldrop Wells Whipper Wilder Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beasley Beatty Bennett Brown, H. Brown, J. Burriss Clyborne Corbett Cork Corning Cromer Elliott, L. Gregory Harris, P. Harvin Harwell Hayes Hendricks Hodges Houck Huff Jaskwhich Keegan Keesley Kempe Keyserling Kinon Klapman Manly Martin, M. Mattos McElveen McKay Meacham Neilson Nettles Rogers Scott Sheheen Stoddard Waites White Wilkes Wilkins Williams, D.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beasley Beatty Bennett Brown, H. Brown, J. Burriss Clyborne Cork Corning Cromer Elliott, D. Elliott, L. Gregory Harris, P. Harvin Hayes Hendricks Hodges Houck Huff Jaskwhich Keegan Keesley Kempe Keyserling Klapman Manly Martin, M. McElveen Neilson Rogers Scott Sheheen Short Stoddard Waites White Wilkes Wilkins Williams, J.
Those who voted in the negative are:
Alexander, T.C. Baxley Boan Brown, G. Bruce Burch Carnell Cato Chamblee Cole Cooper Corbett Fair Farr Foster Fulmer Gentry Gonzales Hallman Harris, J. Haskins Johnson, J.W. Kinon Kirsh Koon Littlejohn Marchbanks Martin, L. McAbee McCain McCraw McGinnis McLeod McTeer Meacham Phillips Quinn Rama Rhoad Ross Rudnick Sharpe Shirley Smith Snow Sturkie Townsend Tucker Vaughn Waldrop Wells Whipper Wilder Wofford Wright Young, A.
So, the amendment was rejected.
Rep. HENDRICKS spoke against the Bill.
Rep. BRUCE spoke in favor of the Bill.
Rep. WILKES spoke against the Bill and moved to adjourn debate upon the Bill until Thursday, March 7.
Rep. BEASLEY moved to table the Bill.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beasley Beatty Bennett Brown, J. Cato Clyborne Corbett Cork Cromer Elliott, D. Elliott, L. Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Houck Jaskwhich Keegan Keesley Kempe Keyserling Manly Martin, M. McElveen McTeer Neilson Rogers Rudnick Scott Snow Stoddard Waites Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, T.C. Baker Baxley Boan Brown, G. Brown, H. Bruce Burch Carnell Chamblee Cole Cooper Corning Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harwell Haskins Holt Huff Johnson, J.W. Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCain McCraw McGinnis McLeod Meacham Phillips Quinn Rama Rhoad Ross Sharpe Sheheen Short Smith Sturkie Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the motion to adjourn debate until Thursday, March 7.
Rep. BRUCE moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baker Baxley Brown, G. Brown, H. Bruce Burch Carnell Cato Cole Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Gonzales Hallman Harris, P. Haskins Johnson, J.W. Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCain McCraw McGinnis McLeod Phillips Quinn Rama Rhoad Ross Sharpe Shirley Short Smith Sturkie Townsend Tucker Vaughn Waldrop Wells Wilkins Williams, D. Wofford Wright Young, A.
Those who voted in the negative are:
Altman Bailey, G. Bailey, J. Bailey, K. Barber Beasley Beatty Bennett Boan Brown, J. Burriss Chamblee Clyborne Cooper Corbett Cork Corning Cromer Harris, J. Harvin Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Keegan Keesley Kempe Keyserling Klapman Manly Martin, M. McElveen McTeer Meacham Neilson Rogers Rudnick Scott Sheheen Snow Stoddard Waites Whipper White Wilkes
So, the motion to adjourn debate was tabled.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Baxley Boan Brown, G. Brown, H. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corning Fair Farr Foster Fulmer Gentry Gonzales Hallman Harris, J. Harwell Haskins Hodges Holt Huff Jaskwhich Johnson, J.W. Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCain McCraw McGinnis McLeod Phillips Quinn Rama Rhoad Ross Sharpe Sheheen Smith Sturkie Townsend Tucker Vaughn Waldrop Wells Wilder Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Barber Beasley Beatty Bennett Brown, J. Burriss Corbett Cork Cromer Elliott, D. Elliott, L. Harris, P. Harvin Hayes Hendricks Houck Keegan Keesley Kempe Keyserling Klapman Manly Martin, M. McElveen McTeer Meacham Neilson Rogers Rudnick Scott Shirley Short Snow Stoddard Waites Whipper White Wilkes Wilkins Williams, D.
So, the Bill was read the second time and ordered to third reading.
Rep. HUFF moved to reconsider the vote whereby H. 3092 was given a second reading and the motion was noted.
Rep. ROGERS moved that the House recur to the morning hour, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1380
Promulgated By Board Of Physical Therapy Examiners
Exemptions From Licensure; Examinations, Scheduling And Grading; Fees
Received By Speaker February 28, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 28, 1991
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3629 -- Rep. Koon: A BILL TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT NO PUBLIC HEARING IS REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED FIVE PERCENT RATHER THAN ONE PERCENT OF THE TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS FOR THAT YEAR.
Referred to Committee on Labor, Commerce and Industry.
H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.
Referred to Committee on Labor, Commerce and Industry.
H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.
Referred to Committee on Labor, Commerce and Industry.
H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.
Referred to Committee on Labor, Commerce and Industry.
H. 3634 -- Reps. Hayes, Clyborne, Barber, Haskins, Wilkins, Kinon and Beasley: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.
Referred to Committee on Judiciary.
H. 3635 -- Reps. Rama, Hallman, Cork, Fulmer, Sheheen, Holt, Wilkins, J. Bailey and Wright: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.
Referred to Committee on Labor, Commerce and Industry.
Rep. T.C. ALEXANDER moved that the House do now adjourn, which was adopted.
At 11:00 A.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Mrs. Thelma Kitchings of Williston, to meet at 10:00 A.M. tomorrow.
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