Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, we come in earnest prayer that You would keep our State, and our whole Nation, under Your divine protection. We cannot be of the same mind nor can we think alike, but we would pray that You would make us one in loyalty to Your will, one in love for liberty, and one in search for justice and peace. Deliver us from pride and prejudice, from intolerance, and from every evil way. May we show forth in our lives the fruits of our faith and the power of our principles.
Keep our ears attuned to Your holy Word: "Only fear the Lord and serve Him with all Your heart". (I Samuel 12:24a) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., March 19, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 597:
S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 19, 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 H. 3499 by a vote of 44 to 0.
H. 3499 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 50-11-870, 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.
Very respectfully,
President
No. 78
Received as information.
Rep. PHILLIPS moved that when the House adjourns it adjourn in memory of the Honorable Harry L. Cline, former House member from Cherokee County, which was agreed to.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3449 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS LICENSED TWENTY OR MORE YEARS, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 642 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO PRINCIPLES OF PROFESSIONAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3375 -- Reps. J. Brown, H. Brown, Vaughn, J.W. Johnson, Littlejohn, Haskins, Hallman, Fulmer, Beatty and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM RIDING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3046 -- Reps. P. Harris, Waites and Waldrop: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING TO STUDY THE HOUSING NEEDS OF LOW AND MODERATE INCOME ELDERLY WITH SPECIAL ATTENTION TO REVERSE MORTGAGE PROGRAMS AND REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3049 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3070 -- Reps. Littlejohn, Rama and Whipper: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3185 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3008 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3521 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO REQUIRE UNDER THE POLLUTION CONTROL ACT THAT A PERMIT TO EXPAND OR CONSTRUCT A NEW HAZARDOUS, INFECTIOUS, OR SOLID WASTE FACILITY MAY NOT BE ISSUED UNLESS THE APPLICANT DEMONSTRATES THE NEED FOR THE FACILITY OR EXPANSION, AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS TO IMPLEMENT THE DEMONSTRATION OF NEED REQUIREMENTS FOR CERTAIN FACILITIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3096 -- Reps. Keyserling, Baxley, Boan, Corning, D. Elliott, Haskins, Jaskwhich, Keegan, Kempe, Mattos, McElveen, McTeer, Meacham, Rama, J. Rogers, T. Rogers, Rudnick, Sheheen, Waites, Cork, Manly, Cromer, Whipper, Wilder and J. W. Johnson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AMEND SECTION 16-11-700, AS AMENDED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 781 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. JOSEPH P. (JOE) BARNETT, LONGTIME EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, FOR HIS INVALUABLE SERVICE DURING A DISTINGUISHED CAREER ON THE OCCASION OF HIS RETIREMENT AND EXTENDING TO HIM BEST WISHES, HEALTH, AND HAPPINESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 782 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF PAUL E. MORGAN, JR., OF CHEROKEE COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. FARR, with unanimous consent, the following was taken up for immediate consideration:
H. 3706 -- Rep. Farr: A HOUSE RESOLUTION TO ALLOW THE JONESVILLE HIGH SCHOOL "WILDCATS" FOOTBALL TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 18, 1991, FOR THE PURPOSE OF BEING PRESENTED A CERTIFICATE RECOGNIZING ITS WINNING THE CLASS A STATE FOOTBALL CHAMPIONSHIP FOR 1990.
Be it resolved by the House of Representatives:
That the Jonesville High School "Wildcats" Football Team and its coaches are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, April 18, 1991, for the purpose of being presented a certificate recognizing its winning the Class A State Football Championship for 1990.
The Resolution was adopted.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3707 -- Reps. Sharpe, Smith, Keesley, Huff, Rudnick, Gentry, Wilder, Rhoad and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 13, TITLE 51, SO AS TO CREATE THE THOROUGHBRED COUNTRY TOURISM COMMISSION.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3708 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Education and Public Works.
H. 3710 -- Rep. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE THAT WHEN APPLYING FOR A MARRIAGE LICENSE, THE APPLICANTS MUST PRESENT A CERTIFICATE STATING THAT EACH HAS BEEN GIVEN A SEROLOGIC TEST FOR VENEREAL DISEASE, HUMAN IMMUNODEFICIENCY VIRUS, RUBELLA, OTHER INFECTIOUS DISEASES, AND SICKLE CELL ANEMIA, AND THAT IF INFECTED WITH A VENEREAL OR INFECTIOUS DISEASE OTHER THAN HUMAN IMMUNODEFICIENCY VIRUS THAT THE PERSON IS NOT IN A STAGE OF THAT DISEASE WHICH IS OR MAY BECOME COMMUNICABLE, AND TO MAKE THE PROVISIONS RELATING TO REPORTING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 70 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-455, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO DESIGNATE A TIME EACH SCHOOL DAY FOR THE "PLEDGE OF ALLEGIANCE".
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Cromer Elliott, D. Elliott, L. Farr Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rhoad Ross Scott Sharpe Sheheen Short Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, March 20.
Tim Rogers John Rama Grady Brown Roger Young Roland Corning Bob Shirley Howell Clyborne David Wilkins Irene K. Rudnick J.W. Johnson, Jr. Ken Bailey Rick Quinn Gene Stoddard Dell Baker John G. Felder John B. Williams Larry Koon Alex Harvin, III Mike Fair
LEAVE OF ABSENCE
The SPEAKER granted Rep. JASKWHICH a leave of absence for the day.
Reps. MANLEY, COLE and HUFF signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 19.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 5.
Announcement was made that Dr. Gerald E. Harmon of Georgetown is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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 Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3700 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.
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.
S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
Rep. M.O. ALEXANDER explained the Bill.
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
Rep. J. WILLIAMS explained the Bill.
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.
Rep. McABEE explained the Bill.
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.
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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. M.O. ALEXANDER having the floor.
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 continued speaking.
The Bill was read the second time and ordered to third reading.
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.
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. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3188.AL), which was adopted.
Amend the bill, as and if amended, Section 16-15-41 as contained in SECTION 1, page 1, beginning on line 38, by striking subsection (C) which reads:
/(C) Mistake of age is not a defense to a prosecution under this section./
Reletter subsections to conform.
When amended Section 16-15-410 shall read:
/ "Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted as a minor through its title, text, visual representation, or otherwise is a minor.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years./
Amend title to conform.
Rep. NETTLES explained the amendment.
The amendment was then adopted.
Rep. NETTLES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A GASOLINE STATION WHICH SELLS GASOLINE AT A LOWER PRICE WHEN THE CUSTOMER DISPENSES THE GASOLINE ON A SELF-SERVICE BASIS TO HAVE THIS GASOLINE DISPENSED TO A DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE PURCHASED ON A SELF-SERVICE BASIS AND TO PROVIDE EXCEPTIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11347.DW), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 39-41-290. (A) An owner or operator shall conduct the operations of a motor vehicle fuel service station so that the holder of a placard or disabled person's license plate provided for in Section 56-3-1960 shall have, upon request, gasoline or other motor vehicle fuel dispensed by an employee of the station at the self-service pump and be allowed to purchase the gasoline or other fuel at the price otherwise charged for gasoline or other fuel purchased on a self-service basis if the holder of the placard or license plate is driving the motor vehicle into which the gasoline is to be dispensed.
(B) This section applies to an owner or operator of a station which sells gasoline or other fuel at one price when an employee of the station dispenses the gasoline or other fuel into a motor vehicle and at a lower price when the customer dispenses the gasoline or other fuel on a self-service basis.
(C) This section does not apply to any motor vehicle fuel station, convenience store, or other facility that offers gasoline or other fuel for sale to the public solely by means of remotely controlled pumps operated by a cashier and does not offer refueling service or to any such facility during those business hours when the facility does not offer refueling service to the public as a continuing business practice.
(D) An owner or operator who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or imprisoned for a period not to exceed thirty days."
SECTION 2. This act takes effect thirty days after approval by the Governor./
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE FUEL SERVICE STATION TO DISPENSE GASOLINE OR OTHER MOTOR VEHICLE FUEL TO A DISABLED DRIVER UPON HIS REQUEST WHEN HE IS PROPERLY IDENTIFIED BY EITHER A PLACARD OR DISABLED LICENSE TAG AND HAVE THE GASOLINE OR OTHER FUEL DISPENSED TO THE DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE OR OTHER FUEL PURCHASED ON A SELF-SERVICE BASIS./
Rep. L. MARTIN 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. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7327.BD), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-706. (A) In Game Zones 9 and 10 the use of artificial lights from a vehicle or water conveyance to observe or harass wildlife is unlawful, except on private property with the written consent of the owner until 11:00 p.m. The consent must be carried on the person while using the light.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
(C) This section does not prohibit the lawful hunting of raccoon and fox."/
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. RHOAD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5359.HC), which was adopted.
Amend the bill, as and if amended, in Section 12-36-570, as contained in SECTION 10, page 4, line 9, by striking /two thousand/ so that when amended, Section 12-36-570 reads:
/"Section 12-36-570. A person liable for the license tax provided by this article who fails to pay the tax or obtain the license within the time provided or who fails to comply with a lawful regulation of the commission is liable for a penalty not to exceed two thousand five hundred dollars."/
Amend further, in Section 12-36-1740, as contained in SECTION 11, page 4, line 31, by striking /two thousand/ so that when amended, Section 12-36-1730 reads:
/"Section 12-36-1740. A person liable for the casual excise tax provided by this article who fails to pay the tax or comply with a lawful regulation of the Commission is liable for a penalty not to exceed two thousand five hundred dollars."/
Amend title to conform.
Rep. KIRSH 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. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5432.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 5, beginning on page 3, and inserting:
/SECTION 5. The first paragraph of Section 12-54-80 of the 1976 Code is amended to read:
"Except as otherwise provided in this section, the amount of taxes due on any a return which has been filed as required by provisions of law administered by the Commission must be determined and assessed within thirty-six months from the date the return was filed or due to be filed, whichever occurs later. In the case of income taxes, the commission may determine and assess income taxes after the thirty-six months limitation if it makes the determination and assessment within one hundred eighty days of receiving notice from the Internal Revenue Service of a final determination of an income adjustment made by the Internal Revenue Service."/
Amend totals and title to conform.
Rep. KIRSH 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. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5358.HC), 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. KIRSH 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. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7357.BD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 4, Title 6 of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended to read:
Section 6-4-5. As used in this chapter:
(1) 'County area' means a county and municipalities within the geographical boundaries of the county.
(2) 'Cultural', as it applies to members of advisory committees in Section 6-4-17 and the South Carolina Accommodations Tax Oversight Committee in Section 6-4-30, means persons actively involved and familiar with the cultural community of the area including, but not limited to, the arts, historical preservation, museums, and festivals.
(3) 'Hospitality', as it applies to members of the committees in item (2), means persons directly involved in the service segment of the travel and tourism industry including, but not limited to, businesses that primarily serve visitors such as lodging facilities, restaurants, attractions, recreational amenities, transportation facilities and services, and travel information and promotion entities.
(4) 'Travel' and 'tourism' mean the action and activities of people taking trips outside their home communities for any purpose, except daily commuting to and from work.
Section 6-4-10. (A) The funds received by a municipality or a county in county areas collecting more than fifty thousand dollars from the local accommodations tax provided in Section 12-36-2630(3) must be allocated in the following manner:
(1) The first twenty-five thousand dollars must be allocated to the general fund of the municipality or county and is exempt from all other requirements of this article chapter.
(2) Five percent of the balance must be allocated to the general fund of the municipality or county and is exempt from all other requirements of this chapter.
(2)(3) Twenty-five Thirty percent of the remaining balance must be allocated to a special fund and used for advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity. To manage and direct the expenditure of these tourism promotion funds, the municipality or county must shall select one or more organizations, such as a chamber of commerce, visitor and convention bureau, or regional tourism commission, which have has an existing, ongoing tourist promotion program or, if. If no such organization exists, to the municipality or county shall create an organization with the same membership standard as put forth in subsection (C) of this section Section 6-4-25. To be eligible for selection the organization must be organized as a nonprofit organization and shall demonstrate to the municipality or county that it has an existing, ongoing tourism promotion program or that it can develop an effective tourism promotion program. Immediately upon an allocation to the special fund, a municipality or county shall distribute the tourism promotion funds to the organizations selected or created to receive them. Before the beginning of each fiscal year, any an organization receiving funds collected pursuant to the provisions of this article from the accommodations tax from a municipality or county shall submit for approval a budget of planned expenditures. The organization must receive the approval of the municipality or county which distributed the funds before expenditure of the funds. At the end of each fiscal year, any an organization receiving funds shall render an accounting of the expenditure of the funds to the municipality or county which distributed them.
(3)(4)(a) The remaining balance plus earned interest received by a municipality or county must be allocated to a special fund and used for tourism-related expenditures. This section does not prohibit a municipality or county from using accommodations tax general fund revenues for tourism-related expenditures.
(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists. 'Tourism-related expenditures' include the following types of expenditures:
1. advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
2. promotion of the arts and cultural events;
3. construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for such the facilities;
4. the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
5. public facilities such as restrooms, dressing rooms, parks, and parking lots;
6. tourist shuttle transportation;
7. control and repair of waterfront erosion; and
8. operating visitor information centers.
(c) Allocations to the special fund must be spent by the municipality or county within two years of receipt. If the allocations are not spent within two years, the municipality or county is subject to the provisions of Section 6-4-30(6). However, the time limit may be extended upon the recommendation of the county or municipality and approval of the South Carolina Accommodations Tax Oversight Committee in Section 6-4-30. An extension must include provisions that funds be committed for a specific project or program.
(d) In the expenditure of these funds, county councils counties and municipalities are required to promote tourism and make tourism-related expenditures primarily in the geographical areas of the county or municipality in which the proceeds of the tax are collected where it is practical.
(e) Any A person, an organization, or a political subdivision which determines that the expenditure of accommodations tax proceeds by the county or municipality is not substantially in compliance with the provisions of this paragraph item may seek relief to obtain compliance in the Court of Common Pleas of the county concerned after seeking relief through the South Carolina Accommodations Tax Oversight Committee.
(B)Section 6-4-15. A municipality or county may issue bonds or, enter into other financial obligations, or create reserves to secure obligations for the purposes of financing to finance all or a portion of the cost of constructing facilities for civic activities, the arts, and cultural events which fulfill the purpose of this article chapter. The annual debt service of indebtedness incurred to finance such the facilities or lease payments for the use of the facilities may be provided from the funds received by a municipality or county from the accommodations tax in an amount not to exceed the amount received by the municipality or county after deduction of the accommodations tax funds dedicated to the general fund and the advertising and promotion fund as provided for in this article. However, none of the revenue received by a municipality or county from the accommodations tax may be used to retire outstanding bonded indebtedness incurred before July 1, 1984 unless accommodations tax revenue was obligated for that purpose when the debt was incurred.
(C) A municipality or county receiving revenue from the accommodations tax shall appoint an advisory committee to make recommendations on the expenditure of revenue generated from the accommodations tax. The advisory committee consists of seven members with a majority of the committee members being selected from the hospitality industry of the municipality or county receiving the revenue and, in the case of county advisory committees, from citizens of the area where the majority of the revenue is derived; provided that in a county which receives more in distributions of accommodations taxes as provided in this article than it collects in accommodations taxes, the membership of the county advisory committee in this county must be representative of all areas of the county with a majority of the membership coming from no one area. One member of all advisory committees shall represent the cultural organizations of the municipality or county receiving the revenue.
Section 6-4-20. For the purposes of this section 'county area' means a county and all municipalities within the geographical boundaries of that county. There is created an (A) An accommodations tax account is created to administer the local accommodations tax. It must be administered by the State Treasurer in the following manner:.
(1) at (B) At the end of each fiscal year and before August first a percentage, to be determined by the State Treasurer, must be withheld from those county areas collecting four hundred thousand dollars or more from that amount which exceeds four hundred thousand dollars from the tax authorized by this article Section 12-36-2630(3), and that amount must be distributed to assure that each county area receives a minimum of fifty thousand dollars. The amount withheld from those county areas collecting four hundred thousand dollars or more must be apportioned among the municipalities and the county in the same proportion as those units received quarterly remittances as provided in Section 12-36-2630(3). If the total statewide collections from the local accommodations tax exceeds the statewide collections for the preceding fiscal year then this fifty thousand dollar figure must be increased by a percentage equal to seventy-five percent of the statewide percentage increase in statewide collections for the preceding fiscal year. The difference between the fifty thousand dollars minimum and the actual collections within a county area must be distributed to the eligible units within the county area based on population as determined by the most recent United States census.
(2)(C) At the end of each fiscal year and before August first, the State Treasurer shall distribute to each county area collecting more than fifty thousand dollars but less than four hundred thousand dollars an additional fifteen thousand dollars. If the total statewide collections from the local accommodations tax exceed the statewide collections for the preceding fiscal year, then this fifteen thousand dollar figure must be increased by a percentage equal to seventy-five percent of the statewide percentage increase in statewide collections for the preceding fiscal year. This amount must be distributed in the same manner as the fifty thousand dollars provided in item (1) of this section subsection (B). The amount paid those qualified county areas under the provisions of this item subsection must be paid from the account created under the provisions of this section.
(3) Any (D) The amount withheld in excess must be distributed to the county areas whose collections exceed four hundred thousand dollars based on the ratio of the funds available to the collections by each county area.
(4) Any county areas receiving fifty thousand dollars under the provisions of this section or from the local accommodations tax are excluded from the requirements of Section 6-4-10, except that the fifteen thousand dollars paid to those county areas collecting more than fifty thousand dollars but less than four hundred thousand dollars as provided in item (2) of this section must be allocated to a special fund and used for the purposes as required in Section 6-4-10(A)(2) and (3) and an advisory committee must be appointed as provided in Section 6-4-10(C).
(E) The accommodations tax funds received by a municipality or county in county areas collecting fifty thousand dollars or less are not subject to the tourism-related provisions of this chapter.
(F) Two percent of the local accommodations tax levied pursuant to Section 12-36-2630(3) must be remitted quarterly and equally to the eleven agencies designated by law and regional organizations to administer multi-county tourism programs in the state tourism regions as identified in the promotional publications of the South Carolina Department of Parks, Recreation and Tourism. This remittance is in addition to other funds that may be allocated to the agencies by local governments.
Section 6-4-25. (A) A municipality or county receiving more than twenty-five thousand dollars in revenue from the accommodations tax in county areas collecting more than fifty thousand dollars shall appoint an advisory committee to make recommendations on the expenditure of revenue generated from the accommodations tax. The advisory committee consists of seven members with a majority being selected from the hospitality industry of the municipality or county receiving the revenue. At least two of the hospitality industry members must be from the lodging industry where applicable. One member shall represent the cultural organizations of the municipality or county receiving the revenue. For county advisory committees, members shall represent the geographic area where the majority of the revenue is derived. However, if a county which receives more in distributions of accommodations taxes than it collects in accommodations taxes, the membership of its advisory committee must be representative of all areas of the county with a majority of the membership coming from no one area.
(B) A municipality or county and its advisory committee shall adopt guidelines to fit the needs and time schedules of the area. The guidelines must include the requirements for applications for funds from the special fund used for tourism-related expenditures. A recipient's application must be reviewed by an advisory committee before it receives funds from a county or municipality.
(C) Advisory committees shall submit written recommendations to a municipality or county at least once annually. The recommendations must be considered by the municipality or county in conjunction with the requirements of this chapter.
(D) Municipalities and counties annually shall submit to the South Carolina Accommodations Tax Oversight Committee:
(1) end-of-the-year report detailing advisory committee accommodations tax recommendations;
(2) municipality's or county's action following the recommendations;
(3) list of how funds from the accommodations tax are spent, except for the first twenty-five thousand dollars and five percent of the balance in Section 6-4-10(2) allocated to the general fund. The list is due before October 1 and must include funds received and dispersed during the previous fiscal year;
(4) list of advisory committee members noting the chairman, business address if applicable, and representation of the hospitality industry including the lodging industry and cultural interests.
(E) The regional tourism agencies in Section 6-4-20 annually shall submit reports on their budgets and annual expenditure of accommodations tax funds pursuant to this chapter to the Accommodations Tax Oversight Committee.
Section 6-4-30. A South Carolina Accommodations Tax Oversight Committee is created and consists of the members of the Joint Committee on Tourism and Trade and the Chairman of the Joint Committee on Cultural Affairs. The committee must be funded with existing state resources available to the Joint Committee on Tourism and Trade. Local governments covered by this chapter may expend accommodations tax revenues pursuant to this chapter, and the committee shall:
(1) serve as a resource to, answer questions of, and assist advisory committees and local governments in the implementation of the accommodations tax;
(2) arrange continuing education programs or workshops for local governmental officials and advisory committee members;
(3) serve as the oversight authority on questionable expenditures;
(4) require that complaints relating to the accommodations tax be submitted in writing;
(5) investigate and research facts on submitted complaints;
(6) determine if there is a violation of the law on the accommodations tax. If the committee determines that there is a violation, it may:
(a) require restoration of accommodations tax funds for documented improper expenditures; or
(b) require that the State Treasurer withhold subsequent accommodations tax payments equal to the amount of the improper expenditures until the issue is resolved satisfactorily;
(7) publish an annual report on information submitted by the local governments and regional tourism agencies in Section 6-4-20 covered by the tourism provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. CORK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. McTEER moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
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.
Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by expiration of time on the uncontested calendar.
Rep. BOAN moved that the House recur to the morning hour.
Rep. McCAIN moved to table the motion, which was agreed to by a division vote of 32 to 22.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry.
S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.
The Senate amendments to the following Bill were taken up for consideration.
H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.
Rep. WALDROP explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
The following Concurrent Resolution was taken up.
H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.
Whereas, the late Otis Baughman, Sr., of Wagener served with distinction as a state highway commissioner in 1946 and 1947 and in so doing contributed enormously to the development of Aiken County; and
Whereas, it is appropriate that this distinguished career in public service be commemorated by a memorial highway. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to designate and name in Aiken County that portion of South Carolina Highway 302 between Kitchen's Mill and the Lexington County line as the Otis Baughman, Sr., Memorial Highway.
Be it further resolved that a copy of this resolution be forwarded to the Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3526 -- Reps. T.C. Alexander and Phillips: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE FEASIBILITY AND COST OF REPLACING HIGHWAY SIGNS STATING "SLOWER TRAFFIC KEEP RIGHT" WITH SIGNS STATING "KEEP RIGHT EXCEPT TO PASS" AND TO REPORT ITS FINDINGS TO THE APPROPRIATE HOUSE AND SENATE COMMITTEES.
Whereas, reducing the highway speed limit has proven to be an effective and important means of reducing highway fatalities; and
Whereas, all possible measures should be taken to promote compliance with the speed limits; and
Whereas, certain highway signs in fact may promote speeding rather than compliance with speed limits; and
Whereas, it is reasonable to question whether highway signs stating "Slower Traffic Keep Right" are a proper statement to make to the public; and
Whereas, this sign may be addressing a seemingly legitimate concern for deterring passing on the right; it may also encourage drivers to exceed the speed limit; and
Whereas, a sign stating "Keep Right Except to Pass" would achieve the same purpose of proper passing and at the same time would not be an indirect approval of speeding; and
Whereas, the State owes a duty to the public to eliminate any impediment to highway safety. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Department of Highways and Public Transportation to study the feasibility and expense of replacing highway signs stating "Slower Traffic Keep Right" with signs stating "Keep Right Except to Pass" and report its findings to the House Education and Public Works Committee and the Senate Transportation Committee.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3544 -- Rep. Wright: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION GRANTING JURISDICTION TO THE FEDERAL COURTS IN CASES WHERE AN AMERICAN CITIZEN IS CHARGED WITH THE MURDER OF AN AMERICAN CITIZEN COMMITTED WHILE ABROAD.
Whereas, the members of the General Assembly learned through the tragedy of Dr. Francis L. Abel of Columbia, South Carolina, of the loophole in the jurisdiction of the federal courts in which a murder of an American citizen by another American citizen when committed abroad is not triable in federal court; and
Whereas, Dr. Abel's daughter, Carolyn J. Abel, was murdered in Seoul, Korea, in December, 1988, and the suspected murderer, an American citizen, returned to the United States; and
Whereas, in the absence of an extradition treaty with Korea, no charges may be brought against the suspect in the United States; and
Whereas, in an era when international travel is commonplace and extradition treaties are not always in place with respect to countries that American citizens visit, it is appropriate that the federal courts be armed with jurisdiction in these cases similar to the jurisdiction that they may now exercise when the victim is a "protected person". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly memorialize Congress to enact legislation granting jurisdiction to the federal courts in cases where an American citizen is charged with the murder of an American citizen committed while abroad.
Be it further resolved that a copy of this resolution be forwarded to the Speaker of the House of Representatives, the President of the Senate, and each member of South Carolina's Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 690 -- Senator Land: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO MAKE FEDERALLY- FUNDED MEDICAL PAYMENTS EQUALIZED FOR EQUAL TREATMENT AT ALL MEDICAL FACILITIES ELIGIBLE FOR THESE PAYMENTS SO AS TO ENCOURAGE MORE DOCTORS TO PRACTICE MEDICINE IN RURAL AREAS IN SOUTH CAROLINA.
Whereas, more than fifty percent of the people in rural counties have not graduated from high school; and
Whereas, in rural areas the number of citizens living in the poverty range is from eleven to more than thirty-two percent; and
Whereas, up to thirty-three percent of the population is under thirteen years of age in these areas; and
Whereas, up to twelve and five-tenths percent of the people in rural counties are over sixty-five years of age; and
Whereas, as a result of the poverty, lower educational levels, and ages of the rural residents, incidences of chronic diseases and general health problems are more prevalent; and
Whereas, Medicare is a federally-funded program created to care for persons sixty-five years and older; and
Whereas, Medicare has not kept up with hospital inflation rates; and
Whereas, while all hospitals face losses created by Medicare payments, the problem is exacerbated in rural hospitals which are paid an average of thirty to forty percent less than urban counterparts for similar cases; and
Whereas, this underfunding has significantly impacted budgets of rural hospitals. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize Congress to make federally-funded medical payments equalized for equal treatment at all medical facilities eligible for these payments so as to encourage more doctors to practice medicine in rural areas in South Carolina.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3543 -- Reps. Harvin, Carnell, Kinon, Wofford, Rudnick, Short, Hendricks, Fair, Houck, Hayes, D. Martin, Jaskwhich, J. Williams, J. Harris, Burch, Marchbanks, Meacham, Gonzales, McCraw, Bruce, Cato, Ross, Foster, Baker, Haskins, Kirsh, Glover, McGinnis, Kempe, Cooper, Burriss, Sharpe, Sturkie, G. Brown, Beatty, Rogers, Barber, H. Brown, Felder, Cromer, Wright, White, Smith, Koon, Scott, McLeod, J. Brown, G. Bailey, Klapman, Wells, Altman, Snow, Vaughn, Hodges, McAbee, Shirley, P. Harris, McTeer, T.C. Alexander, Littlejohn, Carnell, and D. Elliott: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.
Rep. McCAIN moved to table the Concurrent Resolution, which was agreed to.
The motion period was dispensed with on motion of Rep. McCAIN.
Rep. PHILLIPS presented Dr. John Michael Palms, newly elected President of the University of South Carolina, and Mrs. Palms.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. HASKINS having the floor.
H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
Rep. HASKINS continued speaking.
Rep. RUDNICK spoke in favor of the Bill.
Rep. HASKINS moved to table the Bill, which was not agreed to by a division vote of 34 to 48.
Rep. HASKINS spoke against the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Bailey, K. Barber Baxley Beatty Bennett Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, D. Elliott, L. Farr Foster Gentry Glover Gregory Hayes Hodges Houck Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Koon Marchbanks Martin, D. Mattos McCraw McElveen McLeod McTeer Neilson Phillips Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Stoddard Townsend Tucker Waites Whipper White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Brown, H. Cato Clyborne Cole Cooper Corbett Cork Corning Fair Felder Fulmer Gonzales Hallman Harris, J. Haskins Huff Keegan Klapman Martin, L. McCain McGinnis Meacham Quinn Rama Smith Snow Sturkie Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Mattos, Manly, Whipper and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
Rep. HODGES moved to adjourn debate upon the Bill until Tuesday, March 26, which was adopted.
Rep. TUCKER moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Independent Consumer Finance Association of South Carolina for a reception, April 2, 1991, 6:00 P.M.-8:00 P.M. at the Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina School for the Deaf and the Blind for a luncheon, April 3, 1991, 11:00 A.M. (or upon adjournment) until 2:00 P.M. in Room 208 Blatt Bldg.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Consulting Engineers of S.C. and the S.C. Society of Professional Engineers for a reception, April 3, 1991, 6:00 P.M-8:00 P.M. at the Columbia Museum of Art.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Association of Carolina Shag Clubs for a reception, April 3, 1991, 8:00 P.M. at the Carolina Plaza.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of U.S.C. Alumni Affairs for a reception, April 9, 1991, 6:00 P.M.-8:00 P.M., at the Presidents' House on the USC Horseshoe.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Governor's Community Improvement Board and S.C. Clean and Beautiful for a reception, April 10, 1991, 8:00 P.M.-10:00 P.M. at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Independent Banks of South Carolina for a reception, April 16, 1991, 6:00 P.M.-8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the S. C. Prayer Fellowship for the Governor's State Wide Prayer Breakfast, April 17, 1991, 7:45 A.M. at Embassy Suites.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Governmental Affairs Committee of the Association of Citadel Men for the 16th annual Legislative Barbeque, April 17, 1991, 6:30 P.M. at the Cantey Building, State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina Petroleum Council for a reception, April 23, 1991 6:00 P.M.-8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Du Pont for a reception, April 24, 1991, 6:00 P.M.-8:00 P.M. at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Victim Assistance Network for breakfast, April 25, 1991, 8:30 A.M. at the Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Regional Councils for a reception, April 30, 1991, 6:00 P.M.-8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3672 -- Reps. Harvin, Corning, Harwell, Neilson, McKay, H. Brown, Hallman, Barber, Holt, Beatty, Foster, Baxley, Wofford, McElveen, J. Williams, Meacham, Quinn, Rogers, Wells, Wright, Burriss, P. Harris, Whipper, Short, Altman, Lanford, L. Martin, Hayes, Farr, Keegan, Cromer, Smith, Stoddard, Marchbanks, Cooper, Gentry, Waldrop, J.C. Johnson, Littlejohn, Chamblee, Vaughn, L. Elliott, Keesley, J.W. Johnson, Carnell, Wilkins, Wilder, Haskins, Houck and Hodges: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD TO STUDY THE FEASIBILITY OF ERECTING A MEMORIAL ON THE GROUNDS OF THE STATE HOUSE IN HONOR OF THE WAR DEAD FROM SOUTH CAROLINA WHO SERVED AND DEFENDED THE UNITED STATES OF AMERICA IN WORLD WAR I, WORLD WAR II, KOREA, VIETNAM, AND OTHER ARMED CONFLICTS AND TO MAKE WRITTEN RECOMMENDATIONS TO THE PRESIDING OFFICERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
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.
Whereas, Dr. John Michael Palms will be the twenty-sixth president of the University of South Carolina; and
Whereas, he served in many positions at Emory University and leaves Georgia State University as its president and as a Professor of Physics; and
Whereas, born in Rijswijk, The Netherlands, he received his undergraduate education at The Citadel, B.S., Physics, 1958, and continued his studies at Emory University, M. S., Physics, 1959, and the University of New Mexico, Ph.D., Physics, 1966, with his dissertation at the University of California, Los Alamos Scientific Laboratories, 1963-66; and
Whereas, Dr. Palms was selected as a member of Phi Beta Kappa, Phi Kappa Phi, Omicron Delta Kappa, Who's Who in America, Who's Who in Science, American Men in Science, and American Men and Women of Science, and received an honorary doctor of science degree from The Citadel in 1980 and Emory University's Thomas Jefferson Award in 1985, the highest award for leadership and service given at Emory; and
Whereas, Dr. Palms has served on numerous special governmental, educational, professional, and civic committees and societies, including the Environmental Protection Agency Panel for Review of Computerized Radiological Risk Investigation System, the American Council on Education, the Three Mile Island Public Health Fund Committee, the Rhodes Scholar Selection Committee, the American Association for the Advancement of Science, and the Institute for Defense Analyses; and
Whereas, the General Assembly wishes to share the University of South Carolina's pride and good fortune in attracting someone of Dr. Palms' reputation and merit to this State, whose impressive credentials are too numerous to mention here; and
Whereas, we know that Dr. Palms is welcomed both in the community of the University of South Carolina and in the entire State as we anticipate the many contributions he will make to higher education in South Carolina and to the quality of life for our citizens. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly welcome Dr. John Michael Palms back to South Carolina and to the University of South Carolina and wish him well as he leads this great institution to continue on its well-respected course of excellence in education.
Be it further resolved that a copy of this resolution be forwarded to Dr. Palms.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
Without reference.
H. 3712 -- Rep. Huff: A BILL TO AMEND SECTION 34-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FUNDS RECEIVED OR HELD IN A TRUST DEPARTMENT AWAITING INVESTMENT OR DISTRIBUTION MUST BE SECURED TO THE TRUST DEPARTMENT UNDER CERTAIN CONDITIONS, SO AS TO ADD A TRUST COMPANY AS A FIDUCIARY UNDER THIS SECTION AND CLARIFY THAT A TRUST DEPARTMENT OR TRUST COMPANY MAY DEPOSIT FUNDS IN AN AFFILIATE BANK.
Referred to Committee on Judiciary.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
The following Bill was taken up.
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.
Rep. McCAIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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.
Rep. McCAIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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.
Rep. McCAIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. L. MARTIN moved to dispense with the Motion Period.
As a first substitute Rep. BAXLEY moved to recall H. 3346 from the Invitations Committee.
As a second substitute Rep. J.W. JOHNSON moved to dispense with the balance of the Motion Period.
Rep. BAXLEY moved to table the motion, which was rejected.
Rep. J.W. JOHNSON moved that the House stand at ease until the Joint Assembly, which was agreed to.
Further proceedings were interrupted by the House standing at ease until the Joint Assembly, the pending question being consideration of the motion to dispense with the balance of the Motion Period.
The House stood at ease subject to the call of the Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
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.
The President announced that nominations were in order for a member of the Public Service Commission in the Sixth Congressional District.
Senator Holland, on behalf of the Joint Screening Committee, nominated Warren D. Arthur, IV and Erick B. Ficken.
Senator Holland asked unanimous consent for the candidates to be seconded by speeches not to exceed five minutes, which was agreed to.
Rep. BAXLEY seconded the nomination of Warren D. Arthur, IV as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly...It is my privilege to rise today in a brief speech to second the nomination of Warren D. Arthur, IV of Hartsville, South Carolina, for a position on the Public Service Commission. As many of you know, Warren has had a lifetime of public service beginning in Hartsville with service on the City Council and service in this Body, the legislature, from 1976-86. Since that time, he has also had service in the executive branch of government and really has had an opportunity to view the government of South Carolina from all phases. During his service in the House, Warren was a member of the LCI Committee and also was a national officer of COIL Organization and took a leadership role in the many issues that faced us here in Columbia. On several occasions, he appeared before the Public Service Commission on behalf of consumers, to express their rights in rate cases and other matters before the Commission. I respectfully submit to you that Warren has tremendous experience already for the Public Service Commission and tremendous experience in government. I think it is important that we elect individuals to the Public Service Commission who have such experience and who can bring that knowledge to bear as they tackle the very difficult task that we assign to them. So, it is my privilege at this time, to second the nomination of Warren, who sits in the balcony with his family today. Mr. President, that concludes my remarks."
Senator Long seconded the nomination of Erick B. Ficken of Myrtle Beach as follows:
"Mr. President, members of the Joint Assembly...I have a very rare privilege today to stand before you to second the nomination of Erick Ficken, who is my very close friend and fellow resident of Horry County. Mr. Ficken has furnished you with a resume which has shown his public service experience. I would like to repeat that very briefly, if I might. From 1975-77, he was on the Myrtle Beach City Council, from 1978-85, he served as mayor of our city, from 1984-90, he was a member of the South Carolina Water Resources Commission, and was its chairman from 1988-90. He received many awards and recognition. He has been named the Conservationist of the Year by the South Carolina Wildlife Federation. He has received the James M. Waddell, Jr. Award for Friends of the Coast. He was on the Board of Directors for the Palmetto Conservation Foundation. He was not only a member of the South Carolina Blue Ribbon Committee for Beach Front Management, but served as its chairman. He is the past president of the South Carolina Municipal Association. He is a member of the Assembly on the Future of South Carolina. He is a board member of the South Carolinians for Better Transportation. He is on the Horry County Citizens for Property Tax Relief Committee and is its chairman, and the Myrtle Beach Area Council on Transportation Executive Committee and is the past chairman of the Oceanview Memorial Foundation in Myrtle Beach. In addition to that, may I very briefly say that he was the number one salesman for IBM in the country in one of its three marketing divisions. He has been recognized as one of five outstanding sales people in all lines of business in the southeast. He is married to the former Peggy Frier of Florence and they have two daughters. He has been an active member of the St. Phillips Lutheran Church in Myrtle Beach, serving as a member of the Church Council, chairman of the Finance Committee, chairman of the Stewardship Committee, chairman of the Evangelism Committee and chairman of the Lay-Witness Mission. Mr. Ficken has, without a doubt, served his God, he served his family and he served his community and his state and he now asks you to allow him to serve on the Public Service Commission. It is with a great deal of pleasure that I second the nomination and seek your support for his election. Thank you Mr. President."
On motion of Senator Holland, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Arthur:
Courson Fielding Giese Gilbert Hinson Holland Land Leatherman Lourie Martin Martschink McConnell McGill Mitchell Mullinax O'Dell Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, J.V. Stilwell Williams Wilson
The following named Senators voted for Mr. Ficken:
Bryan Drummond Hinds Long Macaulay Moore Passailaigue Reese Smith,N.W. Waddell
On motion of Rep. BAXLEY, with unanimous consent, the members of the House voted by electric roll call.
The following named Representatives voted for Mr. Arthur:
Alexander, M.O. Alexander, T.C. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Burch Carnell Cato Chamblee Clyborne Cole Cooper Corning Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Johnson, J.C. Johnson, J.W. Keesley Kempe Kinon Kirsh Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McCain McCraw McElveen McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sheheen Shirley Snow Stoddard Sturkie Townsend Tucker Vaughn Waldrop Wells Whipper White Wilder Wilkins Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Ficken:
Altman Corbett Cork Elliott, D. Gregory Keegan Keyserling Klapman McAbee McTeer Rogers Smith Waites Wilkes
Total Number of Senators voting 38
Total Number of Representatives voting 101
Grand Total 139
Necessary to a choice 70
Of which Mr. Arthur received 115
Of which Mr. Ficken received 24
Whereupon, the President announced that Mr. Warren D. Arthur, IV having received a majority of the votes cast was duly elected for the term prescribed by law.
I will abstain from casting a vote in the P.S.C. election of March 20, 1991.
This abstention is predicated upon my employment as a local co-operative attorney.
Rep. THOMAS E. HUFF
I have abstained from voting in the election held for the Public Service Commission. I would have voted for Warren Arthur, but did not in recognition of the fact that Rep. MORGAN MARTIN was unable to attend the session today to vote for Erick Ficken.
Rep. BUBBA CROMER
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3616 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROBERT S. TURNER OF GEORGIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 27, 1991.
H. 3674 -- Rep. McCain: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MARCH, 1991, AS NATIONAL NUTRITION MONTH IN SOUTH CAROLINA.
At 12:31 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of the Honorable Harry L. Cline, former House member of Cherokee County, to meet at 10:00 A.M. tomorrow.
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