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:
We thank You, Lord, for these unique opportunities of service which are ours. Make us worthy of the trust imposed in us by others and of Your expectation of us. May we devote so much time to the improvement of self that we have no time left to criticize our fellow beings. God forbid that we should want others to be better than we are willing ourselves to be. We are grateful for our freedom, and cause us to use it not as a right to do as we please, but as a liberty to do as we ought.
We make our prayer to our God more ready to answer than we are to pray. 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.
March 6, 1991
The Honorable Marshall B. Williams
President Pro Tempore, Senate
State House
Columbia, South Carolina
The Honorable Robert J. Sheheen
Speaker, House of Representatives
State House
Columbia, South Carolina
Gentlemen:
Following the State of the Judiciary address to the General Assembly Wednesday past, I announced that I would retire as Chief Justice no later that December 31st. By this letter, I confirm in writing my retirement as of December 31, 1991. This allows the General Assembly to elect a successor this session to ensure an orderly transition in the office of Chief Justice.
Public service still has its rewards for many of us. To the General Assembly and the people of South Carolina, I express my deep and abiding appreciation for the opportunities to serve these many years. Few have been so fortunate as I.
With warmest regards and best wishes to all, I am
Sincerely,
George T. Gregory, Jr.,
Received as information.
March 18, 1991
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3499, R-24, an Act:
TO AMEND SECTION 50-11-98-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.
This veto is based upon an opinion of the Attorney General's Office dated March 14, 1991, which states the following:
"The act bearing ratification number 24 of 1991 amends Section 50-11-870 to add the Town of Pawleys Island to the areas of the State declared to be bird sanctuaries, thus outlawing the use of shotguns, rifles, pellet guns, and BB guns within the area. The Town of Pawleys Island is located wholly within Georgetown County. Thus, H. 3499, R-24 of 1991 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of Couth Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 3499, R-24, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7....
"The subject act is clearly a special or local act in that it relates to protection of birds in one area of Georgetown County, in the Town of Pawleys Island. Because the act is not for the protection of game in the entire zone of which this area would be a part, see Section 50-1-60 (9) of the South Carolina Code of Laws, Article III, Section 34 is likely contravened by this act..., we must nevertheless advise that H. 3499, R-24 would be of doubtful constitutionality..."
While I applaud the efforts to protect birds in parts of Georgetown County, this is considered local legislation in violation of Article VIII, Section 7, and should be decided by local government entities in Georgetown County.
Yours Sincerely,
Carroll A. Campbell, Jr.,
Governor
March 14, 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 March 13, 1991, you have asked for the opinion of this Office as to the constitutionality of H. 3499, R-24, an act amending S.C. Code Ann. Section 50-11-870 (1990 Cum. Supp.) to designate the Town of Pawleys Island in Georgetown County a bird sanctuary. 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 soley within the province of the courts of this State to declare an act unconstitutional.
The act bearing ratification number 24 of 1991 amends Section 50-11-870 to add the Town of Pawleys Island to the areas of the state declared to be bird sanctuaries, thus outlawing the use of shotguns, rifles, pellet guns, and BB guns within the area. The Town of Pawleys Island is located wholly within Georgetown County. Thus, H. 3499, R-24 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 H. 3499, R-24 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). Likewise, Article VIII, Section 10 of the State Constitution provides that "[n]o laws for a specific municipality shall be enacted ..." Because H. 3499, R-24 addresses only the Town of Pawleys Island, contravention of this provision is also a concern. See Op. Atty. Gen. dated June 3, 1988.
In addition, Article III, Section 34 of the Constitution provides that
[t]he General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:
....
VI. To provide for the protection of game.
....
Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones.
....
The subject act is clearly a special or local act in that it relates to protection of birds in one area of Georgetown County, in the Town of Pawleys Island. Because the act is not for the protection of game in the entire zone of which this area would be a part, see Section 50-1-60 (9) of the South Carolina Code of Laws, Article III, Section 34 is likely contravened by this act. See Ops. Atty. Gen. dated June 8, 1983; June 20, 1983; June 18, 1984; June 3, 1988; February 15, 1989; May 30, 1990.
While we applaud the efforts being made to protect the birds and wildlife in this State and in Pawleys Island in particular, we must nevertheless advise that H. 3499, R-24 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
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
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:
Altman
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.
March 18, 1991
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3188, R-21, an Act:
TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.
This veto is based upon an opinion of the Attorney General's Office dated March 14, 1991, which states in concluding:
"A review of Act No. 1329 of 1968, in Section 1, shows that the District is to include the entire area of Greenville County, except for the City of Greenville and such other municipalities as may be excluded. Thus, H.3188, R-21 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 H.3188, R-21, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...."
Yours sincerely,
Carroll A. Campbell, Jr.,
Governor
March 14, 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 March 12, 1991, you have asked for the opinion of this Office as to the constitutionality of H. 3188, R-21, an act changing the fiscal year of the Greenville County Recreation District. 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 vs 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 soley within the province of the courts of this State to declare an act unconstitutional.
The act bearing ratification number 21 of 1991 amends Act No. 1329 of 1968, as amended, relating to the Greenville County Recreation District, to change the District's fiscal year from July 1 to June 30, to January 1 to December 31, effective January 1, 1991. A review of Act No. 1329 of 1968, in Section 1, shows that the District is to include the entire area of Greenville County, except for the City of Greenville and such other municipalities as may be excluded. Thus, H. 3188, R-21 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 H. 3188, R-21 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).
Based on the foregoing, we would advise that H. 3188, R-21 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
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
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:
Alexander, M.O. Baker Cato Fair Haskins Mattos Vaughn Wilkins
Those who voted in negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
March 18, 1991
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3261, R-25, an Act:
TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
This legislation is intended to circumvent an Order in the Lexington County Court of Common Pleas by Special Referee for Lexington County, Judge James Randal Davis. A review of this act reveals that it is special legislation filed on behalf of a single individual seeking redress from an adverse judicial hearing. The order states that it is in the best interest of the general public to close the road, and the adjacent property owners are opposed to a right-of-way.
It is clear that this legislation would only circumvent the order of the Special Referee. There is also serious concern that this legislation may be in violation of Article VIII, Section 7, Article III, Section 34, and Article I, Section 13. Because of these concerns, I am returning H. 3261, R-25 without my signature.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Klapman Koon Sharpe
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.
Rep. CORBETT moved that when the House adjourns, it adjourn in memory of Michael Charles Alford of Myrtle Beach, which was agreed to.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
March 4, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Independent Consumer Finance Association of South Carolina, we would like to invite the members of the South Carolina House and their spouses, invited guests, staff, clerks and attaches to a reception on April 2, 1991, between the hours of 6:00 P.M. and 8:00 P.M. at the Town House on Gervais Street in Columbia, South Carolina.
We look forward to being with you and the members of the Senate and appreciate your accepting our invitation.
Sincerely,
R. Murray Thigpen
Manager
February 11, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina School for the Deaf and Blind will host a luncheon for all members of the House of Representatives and all members of the Senate as well as other friends of the agency on Wednesday, April 3, 1991.
The luncheon will be held in Room 208 of the Blatt Building beginning at 11:00 A.M. (or upon adjournment) and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.
We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.
Sincerely yours,
Joseph P. Finnegan, Jr.
President
March 5, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
This is to confirm the Legislative Reception sponsored by the Consulting Engineers of South Carolina (CESC) and the South Carolina Society of Professional Engineers (SCSPE).
The Reception will be held at the Columbia Museum of Art at the corner of Senate and Bull Street (1112 Bull St.). It is set for April 3, 1991, from 6:00 P.M. to 8:00 P.M.
If you need any additional information, please feel free to call me at 771-4271.
Sincerely,
Joe S. Jones, III
Executive Director
February 13, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
We, the undersigned Presidents of South Carolina's Shag Clubs, cordially invite the General Assembly, its staff, spouses and guests, to the 7th Anniversary of the Signing of Act 329 of 1984, the Act which designated the "Shag" as the official dance of the State of South Carolina.
The celebration will begin at 8:00 P.M., Wednesday, April 3, 1991, at Beau's, Carolina Plaza Hotel, the original site of festivities after the signing in April 1984.
We certainly look forward to your joining us for this celebration of our State Dance, a social reality which is a unique highlight to our state's cultural heritage and a generator of millions of dollars to our state's tourism economy each year.
Sincerely,
Wanda W. Holliday, Columbia Shag Club
Don H. Smith, Florence Shag Club
Walter E. Bradley, Rock Hill Shag Club
Murl Augustine, C.S.R.A. Shag Club
Lonnie Becude, Islanders Shag Club
Bruce Fitzsimmons, Charleston Shag Club
March 7, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Carolina family, it is my pleasure to invite the members of the South Carolina House of Representatives to a reception to welcome Dr. and Mrs. John M. Palms to the University. The reception will be held on April 9, 1991, from 6:00 P.M. until 8:00 P.M., at the President's House located on the USC Horseshoe.
My colleagues and I look forward to the members of the House joining us for this welcoming reception and to the informal fellowship this occasion will make possible.
Sincerely,
G. Flynn Bowie
Associate Vice President and
Director of Alumni Affairs
December 19, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Governor's Community Improvement Board and South Carolina Clean and Beautiful, we would like to invite the members of the House of Representatives to a reception in their honor at the Columbia Marriott on April 10, 1991 from 8:00-10:00 P.M.
We would appreciate your assistance in placing this event on the official 1991 calendar. Please acknowledge this placement at your earliest convenience.
Sincerely,
Janet P. Whisennant
Special Projects Manager
January 21, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Independent Banks of South Carolina wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to a reception on Tuesday, April 16, 1991, from 6:00-8:00 P.M. The reception will be held at the Capital City Club in the AT&T building.
Sincerely,
Kelly Smith
Executive Director
January 22, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Annually a group of men from the Columbia area sponsor the Governor's State Wide Prayer Breakfast. This year this breakfast is scheduled for April 17, 1991 at 7:45 A.M. at the Embassy Suites Hotel. This will be the thirty-second year for this event.
This is to request that this event be placed on the House calendar. Each House member will receive a personal invitation at a later date.
Your cooperation with this request is appreciated.
Sincerely Yours,
C.T. Young, Chairman
South Carolina Prayer Breakfast
Committee
January 2, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Governmental Affairs Committee of the Association of Citadel Men on behalf of our Citadel Alumni and friends of The Citadel cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the 16th Annual Association of Citadel Men Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.
The barbecue is scheduled for Wednesday, April 17, 1991 beginning at 6:30 P.M. at the Cantey Building on the State Fairgrounds. Dress will be casual. Everyone attending must be at least 21 years of age.
We would request that this invitation be extended to the members of the House of Representatives by placing an announcement in the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.
Very truly yours,
Robert E. Lyon, Jr.
January 24, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Petroleum Council and its member companies are pleased to extend an invitation to the members of the South Carolina General Assembly to attend a reception at the Capital City Club from 6:00 to 8:00 P.M. on April 23, 1991.
We respectfully request that this be recorded on the House calendar, and look forward to seeing you then.
Cordially,
William F. Ross
Executive Director
March 8, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
I would like to extend a formal invitation to the members of the House of Representatives, their spouses and the clerks and attaches of the House (if permitted by House rules) to attend Du Pont's annual Legislative reception on April 24, 1991, at the Marriott Hotel in Columbia. Hours for the reception will be from 6:00 until 8:00 P.M.
This annual event is jointly sponsored by the three Du Pont manufacturing sites in South Carolina, our 24 motor fuel\convenience store Conoco outlets across the state and our State Affairs organization. In addition to the members of the General Assembly, we will also be inviting our Constitutional Officers and Department heads with whom we interact.
We have always found this to be a good opportunity to have our managers meet the leaders of state government and look forward to a favorable reply from your committee.
Sincerely,
W.B. Clark
External Affairs Manager
January 28, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
As Executive Director of the South Carolina Victim Assistance Network, I would like to extend a personal invitation to all South Carolina Representatives to attend the annual Legislator's Breakfast as part of the national week long observance of Victim Rights Week. I am confirming the Legislator's Breakfast on Thursday, April 25th, 8:30 A.M., at the Town House Hotel.
The breakfast is being co-sponsored by the following organizations: The South Carolina Victim Assistance Network (SCVAN), The South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), Mothers Against Drunk Drivers (MADD), Adam Walsh Child Resource Center (AWCRC) and The State Office of Victim Assistance (SOVA).
In 1988 we had twenty four members of the General Assembly present, in 1989 fifty two members attended, and in 1990 one hundred twenty-three members attended. We look forward to adding more to that number in 1991 and ask for your support and assistance in this matter.
We look forward to meeting our Representatives at this time.
Sincerely,
Sherie M. Carney
SCVAN Executive Director
August 29, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
This is to confirm the invitation of the South Carolina Association of Regional Councils to the members and staff of the House of Representatives to attend a Legislature Appreciation Reception to be held
Tuesday, April 30, 1991
6:00 P.M.-8:00 P.M.
Capital City Club
25th Floor, AT&T Tower
Thank you for including this invitation on the calendar. We will be looking forward to this occasion in April.
Sincerely,
Sidney F. Thomas, Jr.
Staff Consultant
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3002 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF A COUNTY AS A RESULT OF AN ELECTION AND THE TIME LIMIT FOR THE ISSUANCE OF THEM, SO AS TO EXTEND THE TIME LIMIT FOR THE ISSUANCE OF THESE BONDS FROM THREE TO FIVE YEARS AND TO PROVIDE THAT THE FIVE-YEAR PERIOD IS TOLLED WHILE LITIGATION CONTESTING THE VALIDITY OF THE ELECTION IS PENDING.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
The following was introduced:
H. 3694 -- Reps. J. Harris and Burch: A HOUSE RESOLUTION TO ALLOW THE MCBEE HIGH SCHOOL GIRLS BASKETBALL TEAM AND ITS COACH, LAURIE ROBERTS, THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT 10:15 A.M. ON WEDNESDAY, APRIL 10, 1991, FOR THE PURPOSE OF BEING PRESENTED A CERTIFICATE RECOGNIZING ITS WINNING THE CLASS A STATE BASKETBALL CHAMPIONSHIP FOR 1991.
Be it resolved by the House of Representatives:
That the McBee High School Girls Basketball Team and its coach, Laurie Roberts, be given the privilege of the floor of the House of Representatives at 10:15 A.M., Wednesday, April 10, 1991, for the purpose of being presented a certificate recognizing its winning the Class A State Basketball Championship for 1991.
The Resolution was adopted.
The following was introduced:
H. 3695 -- Reps. Altman and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THAT PORTION OF HIGHWAY 17 IN GEORGETOWN COUNTY FROM ARCHER ROAD (S-22-450) NORTH FOR APPROXIMATELY THREE MILES TO SANDY ISLAND ROAD (S-22-362) IN HONOR OF A. FOSTER MCKISSICK.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3696 -- Reps. Whipper, Holt, Kempe, Beatty, J. Bailey, J. Brown and D. Martin: A HOUSE RESOLUTION TO WELCOME MRS. MARY SHY SCOTT, MRS. VERTELLE MIDDLETON, AND THEIR PARTY OF THE ALPHA KAPPA ALPHA COMMUNITY SERVICE SORORITY TO SOUTH CAROLINA AND TO EXTEND TO THEM THE PRIVILEGE OF THE FLOOR ON THEIR VISIT TO THE HALL OF THE HOUSE ON THURSDAY, APRIL 11, 1991.
Whereas, during the second week of April, 1991, South Carolina will be privileged to have as visitors several representatives of the Alpha Kappa Alpha Sorority; and
Whereas, the Alpha Kappa Alpha Sorority is a community service organization which has contributed greatly to South Carolina and the nation; and
Whereas, the visitors to South Carolina include Mrs. Mary Shy Scott, International President; Mrs. Vertelle Middleton, Director of the South Atlantic Region, and other members of their party consisting of Mrs. Ruby N. Martin, Mrs. Jestine W. Foster, and Mrs. Dorothy H. Brown; and
Whereas, the members of the House of Representatives, by this resolution, are desirous of publicly welcoming them to our State and honoring them on their visit to the State House by extending to them the privilege of the floor of the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby welcome Mrs. Mary Shy Scott, Mrs. Vertelle Middleton, and their party of the Alpha Kappa Alpha community service sorority to South Carolina and extend to them the privilege of the floor on their visit to the Hall of the House on Thursday, April 11, 1991.
The Resolution was adopted.
The following was introduced:
H. 3697 -- Rep. Phillips: A CONCURRENT RESOLUTION TO WELCOME DR. JOHN MICHAEL PALMS BACK TO SOUTH CAROLINA AND TO THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEADS THIS GREAT INSTITUTION TO CONTINUE ON ITS WELL-RESPECTED COURSE OF EXCELLENCE IN EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 193 -- Senator Rose: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. BEASLEY, with unanimous consent, the following was taken up for immediate consideration:
S. 743 -- Senators Holland, Hayes, Long and Patterson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 20, 1991, at 12:00 Noon, for the purpose of electing a successor to the member of the South Carolina Public Service Commission from the Sixth Congressional District so as to fill an unexpired term which will expire in 1994.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3698 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. SAMUEL JOSEPH FRETWELL, SR., OF ANDERSON UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 772 -- Senators Wilson, Courson, Russell, Stilwell, Giese, Peeler, McConnell, Martschink, Shealy, Thomas and Rose: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JEANNIENE P. ROSS OF BLACKVILLE IN BARNWELL COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 773 -- Senators Wilson, Courson and Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ALMA P. LIVINGSTON.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 775 -- Senator Saleeby: A CONCURRENT RESOLUTION TO WELCOME DR. JOHN MICHAEL PALMS BACK TO SOUTH CAROLINA AND TO THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEADS THIS GREAT INSTITUTION TO CONTINUE ON ITS WELL-RESPECTED COURSE OF EXCELLENCE IN EDUCATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time and referred to appropriate committees:
H. 3651 -- Ways and Means Committee: 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 AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
Without reference.
H. 3699 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-7-1260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED EMPLOYEES FOR CAPITAL COSTS OF ESTABLISHING EMPLOYEE CHILD CARE PROGRAMS, SO AS TO MAKE THE CREDIT AVAILABLE TO A TAXPAYER ESTABLISHING A CHILD CARE PROGRAM FOR THE GENERAL PUBLIC ON CITY, COUNTY, OR STATE-OWNED RECREATIONAL PROPERTY.
Referred to Committee on Ways and Means.
H. 3700 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.
Without reference.
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
Referred to Committee on Education and Public Works.
H. 3702 -- Rep. Wilkes: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS FOR SIX YEARS, RETROACTIVE TO JUNE 30, 1990.
On motion of Rep. WILKES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3703 -- Reps. Gregory, Cork, Keyserling, McTeer and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
H. 3704 -- Reps. Felder, Foster, K. Bailey, Bennett and McCain: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.
Rep. FELDER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Education and Public Works.
H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: A BILL TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ACCEPT A DEPOSIT OF CASH OF FIVE THOUSAND DOLLARS IN LIEU OF THE BOND FOR THE SAME AMOUNT REQUIRED OF THE APPLICANT UNDER THIS SECTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.
Referred to Committee on Judiciary.
S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
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 Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Cato Chamblee Clyborne Cooper Corbett Cork Cromer 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, D. Martin, L. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, March 19.
Maggie W. Glover Roland Corning Dick Elliott Joseph McElveen Steve Lanford Ronald P. Townsend
LEAVES OF ABSENCE
The SPEAKER granted Rep. M. MARTIN a leave of absence for the week due to defending a case in court.
The SPEAKER granted Rep. JASKWHICH a leave of absence for the day.
Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
Rep. BOAN proposed the following Amendment No. 247 (Doc Name L:\h-wm\legis\amend\WM3650.228), which was adopted.
Amend the bill, as and if amended, Part 1, Section 35, South Carolina State Library, Page 412, Line 10, Opposite /Aid County Libraries/ by inserting in column (7) /3,596,181/ and in column (8) /3,596,181/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 248 (Doc Name L:\h-wm\legis\amend\WM3650.230), which was adopted.
Amend the bill, as and if amended, Part 1, Section 82, Tax Commission, Page 644, Line 11, Opposite /Contractual Services/ by inserting in column (7) /223,426/ and in column (8) /223,426/.
Amend Further, Page 645, Line 14, Opposite /equipment/ by inserting in column (7) /154,944/ and in column (8) /154,944/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 250 (Doc Name L:\h-wm\legis\amend\WM3650.250), which was adopted.
Amend the bill, as and if amended, Part II, by striking Section 7 and inserting:
/ Section 7
Section 44-7-84(D) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(D) The Department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. $5,315,812 generated from this fee must be remitted to the State Treasurer for deposit into the General Fund and $12,884,188 shall be remitted to the State Health and Human Services Finance Commission for nursing home services.
Licensed nursing home beds operated by the Department of Mental Health and the Department of Mental Retardation are exempt from the provisions of this paragraph.
Within ninety days from the collection, but not later than January first of each year, the Department, shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 251 (Doc Name L:\council\legis\amend\CYY\18350.SD), which was adopted.
Amend the amendment of Messrs. Carnell, et al. designated as Amendment 191, which added a new appropriately numbered section to Part II, by striking Subsection A. of this section.
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was then read the third time and ordered sent to the Senate.
Rep. WILKES moved to adjourn debate upon the following Bill until Thursday, March 21, 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 Resolution were taken up, read the second time, and ordered to a third reading:
H. 3655 -- Reps. Waldrop and Corbett: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH FACILITY LICENSURE ACT, TO EXEMPT EASTERN STAR HOME IN SUMTER COUNTY FROM LICENSING REQUIREMENTS.
S. 717 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.
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.
S. 574 -- Senators McGill and Hinds: A BILL TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.
H. 3145 -- Rep. Rama: A BILL TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.
The following Bill was taken up.
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 motion of Rep. HUFF to reconsider the vote whereby the Bill was given a second reading was taken up and agreed to.
The Judiciary Committee proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\18288.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY moved to adjourn debate upon the Bill, which was adopted.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.
H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.
H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.
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 following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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. 639 -- Fish, Game & Forestry Committee: A BILL TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.
Rep. FELDER moved to adjourn debate upon the following Bill until Tuesday, March 26, 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.
Rep. NIELSON moved to adjourn debate upon the following Bill until Tuesday, March 26, 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 SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Tuesday, March 26, which was adopted.
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 following was received.
Columbia, S.C., March 19, 1991
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:50 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. WALDROP the invitation was accepted.
Rep. FAIR moved that upon the completion of the Ratification of Acts, that the House stand adjourned, which was agreed to.
The following Bill was taken up.
H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 7, by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.
Rep. M.O. ALEXANDER explained the Bill.
Further proceedings were interrupted by the Ratification of Acts the pending question being consideration of the Bill, Rep. M.O. ALEXANDER having the floor.
At 12:50 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R29) H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: AN ACT 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.
(R30) H. 3043 -- Rep. Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM AND TO AUTHORIZE THE TAX COMMISSION TO IMPOSE A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR NONCOMPLIANCE AND ALLOW THE COMMISSION TO WAIVE THE PENALTY IF THE PREPARER SUBMITS THE REQUIRED INFORMATION.
(R31) H. 3507 -- Rep. J. Bailey: AN ACT 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.
(R32) H. 3421 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES; AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING SHALL BE PROVIDED TO IMPLEMENT THE PROVISIONS OF THIS ACT FOR FISCAL YEAR 1990-91.
(R33) 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.
(R34) H. 3442 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1346, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R35) H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R36) H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: AN ACT 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.
(R37) H. 3508 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND DEFINE TERMS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR INITIAL SURPLUS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES; TO AMEND SECTION 38-11-10, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; TO AMEND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS, SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THE CAPITAL NET WORTH REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, DELETE THE REFERENCE TO NET WORTH REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS AFTER THE TRANSITION PERIOD, AND AUTHORIZE THE COMMISSIONER TO REQUIRE GREATER INITIAL NET WORTH REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS; TO AMEND SECTION 38-55-30, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.
The Senate returned to the House with concurrence the following:
H. 3654 -- Reps. Huff, Wilkes, Quinn and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
H. 3697 -- Rep. Phillips: A CONCURRENT RESOLUTION TO WELCOME DR. JOHN MICHAEL PALMS BACK TO SOUTH CAROLINA AND TO THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEADS THIS GREAT INSTITUTION TO CONTINUE ON ITS WELL-RESPECTED COURSE OF EXCELLENCE IN EDUCATION.
H. 3698 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. SAMUEL JOSEPH FRETWELL, SR., OF ANDERSON UPON HIS DEATH.
At 1:05 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Michael Charles Alford of Myrtle Beach to meet at 10:00 A.M. tomorrow.
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