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:
O God of the centuries and of this present day, we thank You for these moments of prayer when we shut out the tumult of the world and the drive of daily duties. Make us increasingly sensitive to Your presence overarching all our labors and guiding our every effort. Show us how to contend without being contentious, to persist without impatience, to persevere without pettiness and ever to conduct ourselves as children of the Heavenly Father. Give us the determination to uphold all that is best in heritage and to welcome all that promises a healthy future.
To You, Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committees for consideration.
Document No. 1359
Promulgated By Department of Health and Environmental Control
Standards for Licensing Habilitation Centers for the Mentally Retarded or Persons with Related Conditions
Received By Speaker March 21, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 20, 1991
Document No. 1376
Promulgated By Department of Health and Environmental Control
Tanning Facilities
Received By Speaker March 26, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 24, 1991
Document No. 1374
Promulgated By Department of Health and Environmental Control
Infectious Waste Management
Received By Speaker March 26, 1991
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date July 24, 1991
Document No. 1381
Promulgated By Department of Health and Environmental Control
Classified Waters (Ashley River)
Received By Speaker March 26, 1991
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date July 24, 1991
The following was received.
Columbia, S.C., March 21, 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 R25, H. 3261 by a vote of 43 to 0.
H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
Very respectfully,
President
No. 79
Received as information.
The following was received.
Columbia, S.C., March 21, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Appointment, Member, Allendale County Master-in-Equity, with term to expire December 31, 1996:
Walter H. Sanders, Jr., 117 Main Street, Allendale, South Carolina 29827 VICE Brenda P. Bennett
Very respectfully,
President
No. 14
Received as information.
On motion of Rep. L. ELLIOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3717 -- Reps. Houck, Glover, Harwell, McKay and Nettles: A HOUSE RESOLUTION TO ALLOW MRS. NANCY C. TOWNSEND OF FLORENCE COUNTY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 2, 1991, FOR THE PURPOSE OF BEING RECOGNIZED AS THE 1991 SOUTH CAROLINA TEACHER OF THE YEAR.
Be it resolved by the House of Representatives:
That Mrs. Nancy C. Townsend of Florence County is given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 2, 1991, for the purpose of being recognized as the 1991 South Carolina Teacher of the Year.
The Resolution was adopted.
The following was introduced:
H. 3718 -- Spartanburg Delegation: A CONCURRENT RESOLUTION CONGRATULATING SHAWN GRAVES OF WOFFORD COLLEGE UPON BEING NAMED SOUTH CAROLINA AMATEUR ATHLETE OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 800 -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. VICTOR G. BURRELL, JR., OF CHARLESTON COUNTY FOR HIS DEDICATED AND OUTSTANDING SERVICE AS DIRECTOR OF THE MARINE RESOURCES RESEARCH INSTITUTE OF THE DIVISION OF MARINE RESOURCES, SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT, AND EXTENDING HIM BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time and referred to appropriate committees:
H. 3719 -- Reps. Snow, Bennett and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-238 SO AS TO AUTHORIZE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET AND PUBLISH THE DAILY CREEL AND SIZE LIMITS FOR STRIPED BASS, HYBRIDS STRIPED BASS, AND BLACK BASS; TO AMEND SECTION 50-13-210, AS AMENDED, RELATING TO THE DAILY CREEL LIMITS ON GAME FISH, SO AS TO DELETE THE REFERENCE TO THE AUTHORITY FOR DEPARTMENT REGULATIONS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES FOR EXCEEDING CREEL LIMITS, SO AS TO REVISE THE CONVICTIONS TO WHICH THE PENALTIES APPLY; TO AMEND SECTION 50-13-1760, RELATING TO WHITE PERCH, SO AS TO CHANGE THE TIME FOR SALE OF THE FISH; AND TO REPEAL SECTIONS 50-13-220 AND 50-13-230 RELATING TO STRIPED BASS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3720 -- Reps. Burriss, Rogers, Beasley, McCain, Waites, Cromer and Scott: A BILL TO AMEND SECTION 12-36-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "SALES PRICE" FOR PURPOSES OF THE SALES TAX, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE THE AMOUNT OF ANY CREDIT SALE WHICH HAS NOT BEEN PAID UNTIL SUCH TIME AS IT IS PAID.
Referred to Committee on Ways and Means.
H. 3721 -- Reps. Burriss and McAbee: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Referred to Committee on Labor, Commerce and Industry.
H. 3723 -- Reps. Burriss and Corning: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO ENACT THE "SOUTH CAROLINA INTERIOR DESIGNERS ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, REGULATIONS, PENALTIES, AND FEES.
Referred to Committee on Labor, Commerce and Industry.
H. 3724 -- Reps. Waldrop and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-112 SO AS TO PROVIDE THAT A PERSON PERFORMING BARBERING OR COSMETOLOGY SERVICES MAY NOT BE ARRESTED FOR VIOLATIONS OF THE BARBERING OR COSMETOLOGY ACTS AND TO PROVIDE THAT SUCH PERSON MAY BE ISSUED A CITATION AND SUMMONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3725 -- Rep. McAbee: A BILL TO AMEND SECTION 48-23-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF REVENUE BY COUNTIES CONTAINING STATE FOREST LANDS, SO AS TO INCLUDE LANDS OWNED BY A STATE AGENCY.
Referred to Committee on Ways and Means.
H. 3726 -- Rep. Altman: A BILL TO AMEND SECTION 50-17-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AND RESTRICTIONS ON NETS IN THE WATERS OF THIS STATE, SO AS TO CHANGE THE REQUIREMENTS FOR THE USER OF A GILL NET.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3727 -- Rep. McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1517 SO AS TO ENACT THE SOUTH CAROLINA RETIREMENT SYSTEM EARLY RETIREMENT INCENTIVE ACT OF 1991, SO AS TO PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRE BETWEEN JUNE 1, 1991, AND SEPTEMBER 30, 1991, AND WHO HAVE AT LEAST TWENTY-FIVE YEARS CREDITED SERVICE OR WHO HAVE AT LEAST TWENTY YEARS CREDITED SERVICE AND HAVE ATTAINED AGE SIXTY AS OF JUNE 1, 1991, SHALL RECEIVE FIVE ADDITIONAL YEARS OF CREDITED SERVICE ON RETIREMENT, TO PROVIDE THAT THE BENEFITS OF PERSONS RECEIVING THE ADDITIONAL FIVE YEARS CREDITED SERVICE MAY NOT BE REDUCED ON ACCOUNT OF AGE, TO PROVIDE STATE INSURANCE BENEFITS PLAN BENEFITS TO THESE RETIREES, TO REQUIRE THE MEMBER'S EMPLOYING AGENCY TO TRANSFER TO THE RETIREMENT SYSTEM THE FULL ACTUARIAL COST OF THE ADDITIONAL BENEFITS CONFERRED BY THIS SECTION, AND TO REQUIRE THE AUTHORIZED NUMBER OF FULL-TIME EQUIVALENT POSITIONS (FTE'S) FOR STATE AGENCIES TO BE REDUCED BY ONE FOR EACH AGENCY EMPLOYEE RETIRING PURSUANT TO THIS ACT.
Referred to Committee on Ways and Means.
H. 3728 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.
On motion of Rep. D. MARTIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.
Referred to Committee on Labor, Commerce and Industry.
H. 3732 -- Reps. Beasley, Boan and Barber: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO FIFTEEN PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.
Referred to Committee on Ways and Means.
H. 3733 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE NAME OF THE WIDE AWAKE PRECINCT TO STRATFORD.
On motion of Rep. WOFFORD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
Referred to Committee on Ways and Means.
The following was introduced:
H. 3729 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING RICHARD L. GORRELL OF ANDERSON COUNTY FOR HIS FINE WORK AS ASSOCIATE EDITOR OF THE ANDERSON INDEPENDENT-MAIL AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3730 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE CONGREGATION OF TEMPLE BETH ELOHIM IN CHARLESTON UPON THE CELEBRATION OF THEIR 150TH ANNIVERSARY OF THE SANCTUARY'S DEDICATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beasley Beatty Bennett Brown, G. Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corning Cromer Elliott, L. Fair Farr Foster Fulmer Gentry Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 26.
Maggie W. Glover Mike Jaskwhich Dell Baker John Felder J.W. Johnson, Jr. Thomas E. Huff Stephen Gonzales Steve Lanford Larry Koon Roger Young C. Lenoir Sturkie William D. Boan D. Elliott Gene Stoddard Paul M. Burch
MOTION ADOPTED
Rep. L. ELLIOTT moved that when the House adjourns it adjourn in memory of Hyman Elliott of Nichols, which was agreed to.
Rep. WILKINS moved that when the House adjourns it adjourn to meet at 11:45 A.M. tomorrow, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
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.
Reps. KIRSH and RAMA objected to the Bill.
The Bill was then read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
The following Bill was taken up.
H. 3036 -- Rep. Kirsh: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.
Rep. TUCKER moved to recommit the Bill to the Committee on Judiciary.
Rep. NETTLES moved to table the motion, which was not agreed to.
The question then recurred to the motion to recommit the Bill to the Committee on Judiciary, which was agreed to by a division vote of 40 to 17.
Rep. NEILSON moved to adjourn debate upon the following Bill until Wednesday, March 27, which was adopted.
H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.
The following Bill was taken up.
H. 3339 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.
Rep. L. MARTIN moved to recommit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the calendar, which was agreed to.
Rep. McTEER moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3191.AL).
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 56-5-3890. It is unlawful for a person under fifteen years of age to stand in the open bed of a pickup truck or trailer or to sit on a movable object within the open bed of a pickup truck or trailer, if the vehicle is in motion. The operator of a motor vehicle who permits a person under fifteen years of age to ride in the open bed of a pickup truck or trailer in a manner prohibited by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five dollars or imprisoned not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. BROWN explained the amendment.
Reps. RHOAD, SNOW, McLEOD, SHARPE, BENNETT, SMITH, BURRISS, WELLS, McGINNIS, RAMA, FOSTER, MEACHAM, L. ELLIOTT, HARWELL, A. YOUNG and ALTMAN objected to the Bill.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 21, by the Committee on Education and Public Works.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3046 -- Reps. P. Harris, Waites, Whipper 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7281.BD), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The South Carolina Commission on Aging in cooperation with the South Carolina State Housing, Finance, and Development Authority shall study the housing needs of low and moderate income elderly with special attention to reverse mortgage programs. A report of the study must be provided to the Joint Legislative Committee on Aging by September 1, 1992.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11358.DW), which was adopted.
Amend the bill, as and if amended, in Section 29-7-20(1) of the 1976 Code, as contained in SECTION 1, page 1, line 36, by striking /one five/ and inserting /one/ so that when amended Section 29-7-20(1) shall read:
/"(1) Any A contractor or subcontractor who shall, for other purposes than paying the money loaned upon such contract, expend expends and on that account fail fails to pay to any a laborer, subcontractor, or materialman out of the money received as provided in Section 29-7-10 shall be is guilty of a misdemeanor and, upon conviction, when the consideration for such the work and material shall exceed exceeds the value of one hundred dollars, shall must be fined not less than one five hundred dollars nor more than five hundred one thousand dollars or imprisoned not less than three six months nor more than twelve months two years and when such consideration shall does not exceed the value of one hundred dollars, shall must be fined not more than one five hundred dollars or imprisoned not longer than thirty sixty days."/
Amend title to conform.
Rep. LITTLEJOHN 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. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11359.DW), which was adopted.
Amend the bill, as and if amended, in Section 34-9-130 of the 1976 Code, as contained in SECTION 1, page 2, lines 9 through 12, by striking /These reserves must be maintained in vault cash, demand balances due from the District Federal Reserve Bank or demand balances due from correspondent banks, or a combination of these./ and inserting /These reserves must be maintained in the same kind of assets as required for member banks./ so that when amended Section 34-9-130 shall read:
/"Section 34-9-130. Every bank or banking institution shall set aside to its surplus account not less than one-tenth of its annual net earnings each year until its surplus shall be equal to at least twenty-five percent of its capital stock. It shall maintain minimum deposits, averaged over ten working days beginning with the first of each month, either in cash, cash items in process of collection, or cash in other commercial banks payable on demand, or a combination of these of three percent of its time and savings deposits and seven percent of its demand deposits. A bank may however deduct from its total deposits the net of federal funds sold over federal funds purchased and book value of investments in United States Treasury bills before computing the above percentages. Cash items of longer standing than ten days may not constitute a part of such reserve to be set aside. The State Board of Financial Institutions shall enforce the provisions of this section.
Every state bank which is not a member of the Federal Reserve System shall maintain the same reserves against deposits as required for a state bank which is a member of the Federal Reserve System. These reserves must be maintained in the same kind of assets as required for member banks."/
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. SCOTT moved to table the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote 0 to 51.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
I did not vote on H. 3185 because of my connection with a Clover town bank.
Rep. HERBERT KIRSH
The following Bill was taken up.
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.
Rep. L. MARTIN explained the Bill.
Rep. TUCKER objected to the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18347.SD).
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. A moratorium is declared on the issuance of permits for new or expanded facilities which propose to incinerate household solid waste, dispose of solid waste and recovered material of household solid waste, dispose of ash from incineration of household solid waste, or incinerate or dispose of recovered material from household solid waste, unless there is a finding by the Board of Health and Environmental Control that the new or expanded facility is necessary to prevent an imminent and substantial threat to the health of persons or the environment./
Amend title to conform.
Rep. SHARPE explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. SHARPE having the floor.
Rep. McCAIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.
H. 3718 -- Spartanburg Delegation: A CONCURRENT RESOLUTION CONGRATULATING SHAWN GRAVES OF WOFFORD COLLEGE UPON BEING NAMED SOUTH CAROLINA AMATEUR ATHLETE OF THE YEAR.
H. 3729 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING RICHARD L. GORRELL OF ANDERSON COUNTY FOR HIS FINE WORK AS ASSOCIATE EDITOR OF THE ANDERSON INDEPENDENT-MAIL AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
H. 3730 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE CONGREGATION OF TEMPLE BETH ELOHIM IN CHARLESTON UPON THE CELEBRATION OF THEIR 150TH ANNIVERSARY OF THE SANCTUARY'S DEDICATION.
At 12:58 P.M. the House in accordance with the motion of Rep. L. ELLIOTT adjourned in memory of Hyman Elliott of Nichols, to meet at 11:45 A.M. tomorrow.
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