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:
O God of all mankind, bless with Your guidance people throughout the world. Especially now do we ask Your wisdom to those working for peace among nations - that peace be established not just for now, but for all generations to follow. Keep us steadfast to tasks unfinished, causing us to know that peace is not just to enjoy at the present time, but that it is a trust for us to perpetuate. Hasten the day when Your people everywhere will live under the Fatherhood of God and the brotherhood of mankind.
Enable us to pray steadfastly the admonition of The Holy Scripture: "Trust in the Lord with all your heart; and lean not unto your own understanding (Proverbs 3:5). 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.
Document No. 1338
Promulgated By Board of Registration for Professional Engineers and Land Surveyors
Article 4. 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Withdrawn and Resubmitted February 21, 1991
Withdrawn February 27, 1991
The following was received and referred to the appropriate committee for consideration.
Document No. 1357
Promulgated By Commission For The Blind
Randolph-Sheppard Vending Machine Program
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 was received.
Columbia, S.C., February 27, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.3, S. 463 by a vote of 42 to 0.
S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.
Very respectfully,
President
No. 077
Received as information.
February 22, 1991
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 463, R-3, a Joint Resolution:
TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated February 22, 1991, which states in concluding:
"The Joint Resolution in question dissolves the Beaufort County Recreation District of Beaufort County and transfers the functions and assets of the District to a department of Beaufort County government. Such is required by S.C. Code Ann. Section 4-9-80 following a successful referendum, which was held in November 1990. The Recreation District is located wholly within Beaufort County. Thus, S. 463, R-3 of 1991 is clearly a Joint Resolution for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 463, R-3, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
February 22, 1991
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of February 21, 1991, you have asked for the opinion of this Office as to the constitutionality of S. 463, R-3, a Joint Resolution approving the dissolution of the Beaufort County Recreation District in Beaufort County. For the reasons following, it is the opinion of this Office that the Joint Resolution is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The Joint Resolution in question dissolves the Beaufort County Recreation District of Beaufort County and transfers the functions and assets of the District to a department of Beaufort County government. Such is required by S.C. Code Ann. Section 4-9-80 following a successful referendum, which was held in November 1990. The Recreation District is located wholly within Beaufort County. Thus, S. 463, R-3 of 1991 is clearly a Joint Resolution for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 463, R-3 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Spartanburg Sanitary Sewer District v. City of Spartanburg, 283 S.C. 67, 321 S.E.2d 258 (1984) (Part II of the opinion).
Based on the foregoing, we would advise that S. 463, R-3 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act or joint resolution of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Cork
Those who voted in the negative are:
Keyserling White
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., February 27, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.2, S. 151 by a vote of 42 to 0.
S. 151 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.
Very respectfully,
President
No. 076
Received as information.
February 22, 1991
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 151, R-2, an Act:
TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.
This veto is based upon an opinion of the Attorney General's Office dated February 22, 1991, which states in concluding:
"The act in question would amend Act No. 375 of 1947, relating to the Clarendon Hospital District, to authorize the District's governing body to convey real estate, water rights, and property rights in addition to its other granted powers. The Clarendon Hospital District is located wholly within Clarendon County. Thus, S. 151, R-2 of 1991 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 151, R-2, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
February 22, 1991
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of February 21, 1991, you have asked for the opinion of this Office as to the constitutionality of S. 151, R-2, an Act pertaining to the Clarendon Hospital District of Clarendon County. For the reasons following, it is the opinion of this Office that the act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The act in question would amend Act No. 375 of 1947, relating to the Clarendon Hospital District, to authorize the District's governing body to convey real estate, water rights, and property rights in addition to its other granted powers. The Clarendon Hospital District is located wholly within Clarendon County. Thus, S. 151, R-2 of 1991 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 151, R-2 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Op. Atty. Gen. dated March 20, 1980 (an act of the General Assembly to increase the membership of the Clarendon Hospital District and altering the method of selection was most probably violative of Article VIII, Section 7).
Based on the foregoing, we would advise that S. 151, R-2 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Harvin McLeod
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 710 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT LEGISLATIVE COMMITTEE STUDYING AND REVIEWING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
On motion of Rep. WAITES, with unanimous consent, the following was taken up for immediate consideration:
S. 721 -- Senators Courson and Lourie: A CONCURRENT RESOLUTION TO AFFIRM THE STATE OF SOUTH CAROLINA'S CONTINUED COMMITMENT TO UTILIZE ALL APPROPRIATE MEANS TO ENSURE THAT ALL SOUTH CAROLINIANS HAVE ACCESS TO SAFE, DECENT, SANITARY, AND AFFORDABLE HOUSING.
Whereas, the State of South Carolina recognizes the need of all citizens of South Carolina to have safe, decent, sanitary, and affordable housing; and
Whereas, in 1990 the South Carolina General Assembly enacted Act No. 617, which established a Task Force to study homelessness in South Carolina and to recommend to the General Assembly solutions for this serious problem; and
Whereas, individuals without adequate housing have difficulty in securing and maintaining gainful employment and achieving economic and social independence; and
Whereas, access to affordable housing will assist individuals in securing employment, becoming independent, and enhancing their quality of life, thus, enhancing the quality of life of the community and the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State of South Carolina by January 1, 2001, will utilize all appropriate means to ensure that all South Carolinians have access to safe, decent, sanitary, and affordable housing.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3637 -- Reps. Wright, H. Brown, Fair, Bruce, Altman, Keegan, Waldrop and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROHIBIT THE USE OF RADAR DETECTORS ON THE HIGHWAYS OF THIS STATE AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works.
H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3639 -- Reps. Huff and Keesley: A BILL TO AMEND SECTIONS 22-3-540 AND 22-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION FROM A FINE OF NOT EXCEEDING ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BOTH.
Referred to Committee on Judiciary.
H. 3640 -- Reps. J. Brown, Hallman, McLeod, Wright, Smith, Corning, Harvin, Altman, Jaskwhich, Farr, Shirley, McCraw, Waldrop, A. Young, Littlejohn, McGinnis, Cato and Snow: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.
Referred to Committee on Judiciary.
H. 3641 -- Rep. Harvin: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 22 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
Referred to Committee on Labor, Commerce and Industry.
S. 177 -- Senators Martschink and Wilson: 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 FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.
Referred to Committee on Labor, Commerce and Industry.
S. 262 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.
Referred to Committee on Labor, Commerce and Industry.
S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUNE 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.
Without reference.
The following was introduced:
H. 3642 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JEAN KNAPP SIMONS OF AIKEN COUNTY, WIFE OF UNITED STATES DISTRICT COURT JUDGE CHARLES SIMONS, JR., AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. BOAN moved that H. 3650, The General Appropriations Bill, be set for Special Order on Monday, March 11 at 2:00 P.M., immediately after the Roll Call, and continue each day thereafter until given a second reading, and that the Bill be set for Special Order for third reading immediately after the Roll Call, and continue each day thereafter until final disposition, which was agreed to.
Rep. BOAN moved that when the House adjourns on Thursday, it adjourn to meet in Local Session on Friday, March 8 and to convene at 2:00 P.M. on Monday, March 11, in Statewide Session, which was agreed to.
Rep. FARR moved that when the House adjourns it adjourn in memory of Cary Green, Jr. of Union, which was agreed to.
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, G. Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Gregory Hallman Harris, P. Harvin Haskins Hayes Hendricks Hodges Holt Houck Huff Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Short Smith Snow Townsend Tucker Vaughn 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 Tuesday, March 5.
Michael F. Jaskwhich John B. Williams Roger Young C. Lenoir Sturkie Dell Baker Maggie W. Glover B. Hicks Harwell Tim Rogers J.W. Johnson, Jr. T.M. Burriss Gene Stoddard Derham Cole Steve Lanford Paul M. Burch
LEAVES OF ABSENCE
The SPEAKER granted Rep. J. HARRIS a leave of absence for the day due to illness.
The SPEAKER granted Rep. WHITE a leave of absence for the day.
The SPEAKER granted Rep. SHIRLEY a leave of absence for the day.
Announcement was made that Dr. John B. Dubose of Camden is the Doctor of the Day for the General Assembly.
The Reading Clerk of the House read the following House Resolution:
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.
The SPEAKER announced that nominations were in order for two members of the Legislative Audit Council Nominating Committee.
Rep. FOSTER nominated Rep. KIRSH and Rep. WHIPPER.
On motion of Rep. GENTRY nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the SPEAKER announced that Reps. KIRSH and WHIPPER were duly elected for the term prescribed by law.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, February 26, by Reps. P. HARRIS, CARNELL, J. HARRIS and MATTOS.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. NETTLES moved to adjourn debate upon the following Bill until Wednesday, March 6, which was adopted.
H. 3036 -- Rep. Kirsh: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.
The following Bill was taken up.
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. HODGES moved to recommit the Bill to the Committee on Judiciary, retaining its place on the calendar, which was agreed to.
Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, March 12, 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 Joint Resolution was taken up.
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.
Rep. CHAMBLEE explained the Joint Resolution.
Rep. VAUGHN moved to adjourn debate upon the Joint Resolution until Tuesday, March 12, which was adopted.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11306.DW), which was adopted.
Amend the bill, as and if amended, in Section 20-7-954(B) of the 1976 Code, as contained in SECTION 1, page 1, line 42, by inserting after /submit to/ /the/ and on line 43, by inserting after the first /testing/ /, as provided for in subsection (A),/ so that when amended Section 20-7-954(B) shall read:
/(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that the individual involved has good cause for refusing to submit to genetic testing because of (a) the potential for emotional or physical harm to the child, (b) the potential for emotional or physical harm to the custodial parent where the harm reduces the person's ability to care for the child, (c) the potential for physical or emotional harm to the putative parent where that harm outweighs the child's interest in paternity determination, or (d) the potential or violation of an overriding religious belief of either the custodial parent or the putative parent./
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Reps. HASKINS, CORNING, RAMA, LITTLEJOHN, H. BROWN, CORBETT, HALLMAN and CORK objected to the Bill.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11320.DW), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-1080, as added to the 1976 Code in SECTION 1, page 1, lines 27 through 41, and inserting:
/Section 16-3-1080. (A) For purposes of this section, 'rental dwelling unit' means any dwelling unit held out for the use of tenants or intended for the use and occupancy by tenants. The terms 'dwelling unit', 'owner', 'person', and 'tenant' are as defined in Section 27-40-210.
(B) No owner of any rental dwelling unit, or structure in which the unit is located, may install a security measure which would hinder the exit of a person from the rental dwelling unit in case of a fire. The owner shall insure that all exits to the rental dwelling unit or structure must be accessible easily.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed five hundred dollars and imprisoned for a period not to exceed one year./
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. QUINN moved to adjourn debate upon the following Bill, until Wednesday, March 6, which was adopted.
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 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. McABEE 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 statewide day.
The SPEAKER overruled the Point of Order.
Rep. ALTMAN explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18245.SD).
Amend the bill, as and if amended, by striking Section 27-37-30 of the 1976 Code, as contained in SECTION 1 and inserting:
/Section 27-37-30. (A) The copy of such the rule may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas of this State upon an individual by delivery to him personally as provided by law for the service of the summons in actions pending in the court of common pleas of this State or,
(B) when no person can be found in possession of the premises and the premises shall have remained unoccupied for a space of fifteen days or more immediately prior to the date of such service, the copy of such rule may be served by leaving it on the premises, the copy of the rule may be served by depositing it in the United States mail with sufficient postage affixed thereto addressed to that individual and by leaving a copy of the rule affixed to the most conspicuous part of the premises. Both requirements must be accomplished on the same day and this day is the date of service./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. SCOTT 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7294.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-53-70 of the 1976 Code is amended to read:
"Section 40-53-70. A person is qualified to receive a license as an examiner if he:
(a)(1) Who is at least twenty-one years of age;
(b)(2) Who is a citizen of the United States;
(c)(3) Who establishes that he is a person of honesty, truthfulness, integrity, and moral fitness;
(d)(4) Who has not been convicted of a felony or a misdemeanor involving moral turpitude;
(e)(5) Who holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers, or in lieu thereof, is a graduate of an accredited high school and has five consecutive years of active investigative experience immediately preceding his application;
(f) Who is a graduate of a polygraph examiners' course approved by the division and has satisfactorily completed not less than six months of internship training;
(g)(6) Who is a graduate of a polygraph examiners' course approved by the division and has satisfactorily has completed not less than six months of internship training, provided. However, that if the applicant is not a graduate of an approved polygraph examiners course, satisfactory completion of not less than twelve months of internship training may satisfy this subdivision item;
(h)(7) Who has passed an examination conducted by the division, or under its supervision, to determine his competency to obtain a license to practice as an examiner; and
(i)(8) Prior to before the issuance of a license, the applicant must furnish furnishes to the division evidence of a surety bond, or insurance policy, or other surety acceptable to the division. The surety bond, or insurance policy, or other surety acceptable to the division shall must be in the sum of five thousand dollars and shall be conditioned that the obligor therein will pay to the extent of the face amount of such the surety bond, or insurance policy, or other surety acceptable to the division all judgments which may be recovered against the licensee by reason of any wrongful or illegal acts committed by him in the course of his examinations. To retain licensure a surety bond, insurance policy, or other surety acceptable to the division must be maintained, and a change in coverage must be reported to the division within thirty days."
SECTION 2. Section 40-53-160 of the 1976 Code is amended to read:
"Section 40-53-160. Each A polygraph examiner's license shall must be issued for the term of one year and shall, unless suspended or revoked, must be renewed annually as prescribed by the division upon evidence of a current surety bond, insurance policy, or other surety acceptable to the division of five thousand dollars. A polygraph examiner whose license has expired may at any time within two years after the its expiration thereof may obtain a renewal license without examination by making a renewal application therefor and satisfying Section 40-53-70(b)(2), (c)(3), and (d)(4). However, any a polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the National Guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two years after termination of such service, training, or education, except under a condition other than honorable, he furnishes the division with an affidavit to the effect that he has been so engaged, and that his service, training, or education has been so terminated. He also shall comply with Section 40-53-70(b)(2), (c)(3) and (d)(3) shall also be complied with(4)."
SECTION 3. Section 40-53-200 of the 1976 Code is repealed.
SECTION 4. In accordance with Section 1-20-60 of the 1976 Code the existence of the Polygraph Examiners is reauthorized for six years.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1263.JM).
Amend the bill, as and if amended, by striking Section 56-5-4185, as contained in SECTION 1 of the bill, and inserting:
/Section 56-5-4185. Notwithstanding Section 56-5-4030 or any other provision of this chapter, the department shall issue, under terms and conditions as in its judgment are in the public interest for safety on the highways, an open end or annual permit for the use on the public highways of cotton modular vehicles. For the purposes of this section, 'cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must not exceed a width of one hundred seven inches and must not exceed a length of forty-six feet extreme overall dimensions and inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for any person to violate any provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. The department may promulgate regulations to carry out the provisions of this section.
A person violating (1) the provisions of this section, (2) any provision, term, or condition of the permit, or (3) any regulation promulgated by the department pursuant to the authority of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not exceeding two hundred dollars or imprisoned for a term not exceeding thirty days./
Amend title to conform.
Rep. FARR 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9199.AL), which was adopted.
Amend the bill, as and if amended, Section 56-5-4140 as contained in Section 1, by striking lines 26 and 27 on page 1, and inserting:
/display prominently the name of the owner or lessor on the vehicle. The letters or figures used may not be less than three (3) inches high./ so that when amended, Section 56-5-4140 shall read:
/"(4) All for hire motor carrier trucks and tractors and all private trucks and tractors in excess of 26,000 pounds gross vehicle weight must display prominently the name of the owner or lessor on the vehicle. The letters or figures used may not be less than three (3) inches high."/
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
The Bill as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9198.AL).
Amend the bill, as and if amended, Section 56-3-1240 as contained in Section 1, by striking line 39 on page 1 and inserting:
/equipment, except as permitted in Section 56-5-4350, tag, sign, monogram, tinted cover, or inscription of/ so that when amended Section 56-3-1240 shall read:
/"Section 56-3-1240. License plates issued for motor vehicles shall must be attached to the outside rear of the vehicle, open to view, except that on truck tractors and road tractors the plates shall must be attached to the outside front of the vehicle. Every license plate, shall at all times, must be securely fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate shall must be at a height of not less than twelve inches from the ground in a place and position to be clearly visible as provided in Section 56-5-4530, and it shall must be maintained free from foreign materials and in a clearly legible condition to be clearly legible. No other license plate, lighting equipment, except as permitted in Section 56-5-4350, tag, sign, monogram, tinted cover, or inscription of metal or other material shall may be displayed above, around, or upon the plate other than that which is authorized and issued by the department for the purpose of validating the plate. Any A motor vehicle owner may attach a trailer hitch to any a motor vehicle so long as such provided the hitch does not obscure more than two inches of the license plate issued to such the motor vehicle. Operating or driving It is unlawful to operate or drive a motor vehicle with the license plate missing shall be unlawful and any a person who is convicted hereunder shall for violating this section must be punished as provided by Section 56-3-2520."
Amend title to conform.
Rep. FARR 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1250.AC), which was adopted.
Amend the resolution, as and if amended, page 1, line 43, by striking /develop/ and inserting /recommend/. When amended the paragraph shall read:
/Whereas, the General Assembly finds that a study to recommend an effective system for reporting, investigating, and prosecuting adult abuse, neglect, and exploitation would be beneficial to the quality of life for dependent adults in South Carolina. Now, therefore,/.
Amend further, Section 1(A), page 2, line 9, by striking /develop/ and inserting /recommend/. When amended subsection (A) shall read:
/(A) The Long Term Care Council shall study and recommend an effective system for reporting, investigating, and prosecuting adult abuse, neglect, and exploitation in this State including clarification of the roles and responsibilities of agencies involved in this system./
Amend further by striking Section 2 and inserting:
/SECTION 2. The Long Term Care Council shall submit to the Governor and the Joint Legislative Committee on Aging a status report on December 1, 1991, and its study and recommendations no later than one year after this joint resolution takes effect./
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The motion that the House do now adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 3642 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JEAN KNAPP SIMONS OF AIKEN COUNTY, WIFE OF UNITED STATES DISTRICT COURT JUDGE CHARLES SIMONS, JR., AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
At 12:59 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Cary Green, Jr., of Union, to meet at 10:00 A.M. tomorrow.
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