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:
Lord and Father, as we come to Good Friday and the Passover, cause us to see in these events the extent of God's love for His children. Make us unendingly thankful that ours is a God Who loves us so much, and in response we would "love Him Who first loved us". Direct our steps, keep us strong in temptation and support us in all wise decisions. Sustain us that we may meet demands with knowledge, difficulties with determination, and doubts with a faith that no darkness can diminish.
Enable us to hear clearly the words of the Psalmist: "The Lord is my Light and my Salvation; the Lord is the Strength of my life; of whom shall I be afraid?" (Psalm 27:1) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FARR moved that when the House adjourns, it adjourn in memory of Ray Crocker, Jr., which was agreed to.
The following was received.
Columbia, S.C., March 26, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred 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.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.
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.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, and Rep. KOON, for the minority, submitted an unfavorable report on:
H. 3338 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3410 -- Reps. Gregory, Kirsh, Short, Wilkins, Nettles and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3547 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-27-185 SO AS TO PROVIDE THAT UPON RECORDATION, FINAL SUBDIVISION PLAN ROADWAYS SUPERSEDE ROADS THAT WERE ON A PREVIOUSLY RECORDED PLAT OR DEED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3629 -- Rep. Koon: A BILL TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT NO PUBLIC HEARING IS REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED FIVE PERCENT RATHER THAN ONE PERCENT OF THE TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS FOR THAT YEAR.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 22 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3504 -- Reps. Waites, Rogers, Haskins, Quinn, Wilder, Meacham, Corning, Wright, Rama, Glover, Whipper, Tucker and Vaughn: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.
Ordered for consideration tomorrow.
The following was introduced:
H. 3734 -- Sumter Delegation: A CONCURRENT RESOLUTION COMMENDING LT. GENERAL CHARLES A. HORNER, CENTRAL COMMAND AIR FORCE COMMANDER, FOR HIS DEDICATION, ABILITIES, AND LEADERSHIP IN BRINGING OPERATIONS DESERT SHIELD AND DESERT STORM TO A SWIFT AND SUCCESSFUL CONCLUSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3735 -- Reps. McElveen, Sheheen, G. Brown, McLeod, Baxley, Corbett, Hallman and Keegan: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTRACT WITH AN INDEPENDENT FIRM TO CONDUCT AN INSPECTION AND EVALUATION OF THE PINEWOOD HAZARDOUS WASTE LANDFILL AND TO RECOMMEND REPAIRS AND OTHER APPROPRIATE ACTION UPON COMPLETION OF THE EVALUATION TO ASSURE THAT EXISTING LEAKS ARE SEALED, THAT NO NEW LEAKS WILL OCCUR, AND THAT ENVIRONMENTAL DAMAGE THAT HAS OCCURRED AS A RESULT OF THE COLLAPSED BERM AND RUPTURED LINER HAS BEEN CORRECTED.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 806 -- Senator McGill: A CONCURRENT RESOLUTION DECLARING APRIL 28, 1991, AS "WORKERS' MEMORIAL DAY" IN TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The Senate sent to the House the following:
S. 815 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKSBURG HIGH SCHOOL LADY WILDCATS OF CHEROKEE COUNTY ON WINNING THE 1991 CLASS AA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 820 -- Senators Drummond, Bryan, Courson, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. MARTHA THURMOND BISHOP OF GREENWOOD ON HER SELECTION AS SOUTH CAROLINA MOTHER OF THE YEAR FOR 1991.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3736 -- Reps. Meacham, Barber, Rama, Cato, Jaskwhich, Smith, Vaughn, Houck, Wells, Haskins, Keegan and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-60 SO AS TO ADD RAILROAD CORRIDOR PRESERVATION TO THE RAILROAD REVITALIZATION DUTIES OF THE DIVISION OF TRANSPORTATION OF THE GOVERNOR'S OFFICE OF EXECUTIVE POLICY AND PROGRAMS, TO PROVIDE FOR THE INTERIM COMPATIBLE USE OF RAILROAD CORRIDORS, AND TO PROVIDE FOR THE ACQUISITION OF PROPERTY OF A RAILROAD CORRIDOR NOT PART OF AN EXISTING ACTIVE RAILROAD LINE BY PURCHASE, GIFT, CONDEMNATION, OR OTHER METHOD.
Referred to Committee on Education and Public Works.
H. 3737 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 TO TITLE 44 SO AS TO PROVIDE FOR THE LICENSED DIETITIAN/LICENSED NUTRITIONIST ACT BY DETAILING DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE 'LICENSED DIETITIAN' AND 'LICENSED NUTRITIONIST', CLARIFYING THEIR EMPLOYMENT AND REIMBURSEMENT, PROVIDING FOR THE LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION, ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR THE LICENSURE REQUIREMENTS AFTER JANUARY 1, 1992, AND THE INITIAL TERM OF A BOARD MEMBER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3738 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN THE 1990 SCHOOL YEAR BY PUBLIC SCHOOL STUDENTS IN KERSHAW COUNTY WHEN SCHOOLS WERE CLOSED DUE TO FLOODING AND IMPASSABLE ROADS ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
Referred to Committee on Education and Public Works.
H. 3740 -- Reps. McElveen, Sheheen, G. Brown, McLeod, Baxley, Corbett, Hallman and Keegan: A JOINT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTRACT WITH AN INDEPENDENT FIRM TO CONDUCT AN INSPECTION AND EVALUATION OF THE PINEWOOD HAZARDOUS WASTE LANDFILL AND TO RECOMMEND REPAIRS AND OTHER APPROPRIATE ACTION UPON COMPLETION OF THE EVALUATION TO ASSURE THAT EXISTING LEAKS ARE SEALED, THAT NO NEW LEAKS WILL OCCUR, AND THAT ENVIRONMENTAL DAMAGE THAT HAS OCCURRED AS A RESULT OF THE COLLAPSED BERM AND RUPTURED LINER HAS BEEN CORRECTED.
Rep. McELVEEN asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. GREGORY objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3742 -- Rep. McTeer: A BILL TO AMEND SECTION 4-10-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM DISTRIBUTIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT REVENUE OF THOSE COUNTY AREAS COLLECTING MORE THAN FIVE MILLION DOLLARS USED TO SUPPLEMENT THE REVENUES OF COUNTY AREAS COLLECTING LESS THAN TWO MILLION DOLLARS MUST BE TOTALLY DISTRIBUTED IN THE MANNER PROVIDED IN THIS SECTION UP TO THE AMOUNT OF THE MINIMUM DISTRIBUTION.
Referred to Committee on Ways and Means.
H. 3743 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION; TO PROVIDE PENALTIES; AND TO REPEAL CHAPTER 17 OF TITLE 2 AND CHAPTER 13 OF TITLE 8 RELATING TO LOBBYISTS AND LOBBYING AND ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES.
Without reference.
H. 3744 -- Rep. Altman: A BILL TO AMEND SECTION 50-17-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF HAUL SEINE IN GAME ZONE 7, SO AS TO REVISE THE REQUIREMENTS FOR THE SIZE, CONSTRUCTION, AND USE OF THE SEINE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
Referred to Committee on Labor, Commerce and Industry.
H. 3746 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-107 SO AS TO PROHIBIT THE OPERATION OF MOTOR BOATS BY A PERSON UNDER THE AGE OF SIXTEEN ON THE LAKES OF THE STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3748 -- Reps. Sharpe, Smith and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-617 SO AS TO AUTHORIZE PERMITTED DOMESTIC WINERIES TO SELL THEIR WINE AT RETAIL AND DELIVER.
Referred to Committee on Labor, Commerce and Industry.
S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.
Referred to Committee on Judiciary.
S. 289 -- Senators Hinds and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1515 SO AS TO REQUIRE THE COURT OR, IF THE JUDGE IS NOT IMMEDIATELY AVAILABLE, THE CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.
Referred to Committee on Judiciary.
S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Referred to Committee on Judiciary.
S. 616 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 648 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
Referred to Committee on Judiciary.
S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
Referred to the Aiken Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Hodges Holt Houck Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Whipper White Wilder Wilkes Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, March 28.
Roger Young Alfred McGinnis Carole C. Wells Terry E. Haskins Morgan Martin Paul M. Burch Thomas E. Huff Roland S. Corning Maggie W. Glover C. Lenoir Sturkie David H. Wilkins
STATEMENTS OF ATTENDANCE
Reps. BARBER, BEASLEY, HARVIN, M. MARTIN, McELVEEN, and McLEOD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 27.
Announcement was made that Dr. Halsted M. Stone of Chester is the Doctor of the Day for the General Assembly.
Rep. WILKES moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 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.
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. 3715 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1334, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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. 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.
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.
I did not vote on H. 3185 (3rd reading) as I have a direct involvement with a bank.
Rep. H. KIRSH
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SHARPE having the floor.
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.
Rep. SHARPE moved to adjourn debate upon the Bill until Tuesday, April 2, which was adopted.
Rep. NEILSON moved to adjourn debate upon the following Bill until Wednesday, April 3, 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. 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.
Reps. BOAN, McABEE, CARNELL, WALDROP, J.W. JOHNSON, KLAPMAN and RAMA objected to the Bill.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.
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, Wilder, Cork, Manly, Cromer, Whipper 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.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.
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.
The following was taken up.
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.
Rep. RHOAD explained the Bill.
Rep. WHITE 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 overruled the Point of Order.
Rep. RHOAD continued speaking.
Rep. RHOAD moved to adjourn debate upon the Bill, which was adopted.
The SPEAKER granted Rep. SNOW a leave of absence for the remainder of the day.
Upon the withdrawal of objections by Reps. RAMA, FULMER, A. YOUNG and HALLMAN 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.
Rep. KIRSH objected to the Bill.
Rep. CORK relinquished the floor.
Rep. KEYSERLING proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7394.BD), which was tabled.
Amend the bill, as and if amended, Section 6-4-10, SECTION 1, page ii, beginning on line 24, by striking /(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)/ and inserting /(2)/.
Amend further, Section 6-4-10, SECTION 1, page iii, line 20, by striking /(3)(4)/ and inserting /(3)/.
Amend further, Section 6-4-25(D)(3), SECTION 1, page ix, beginning on line 3, by deleting /and five percent of the balance in Section 6-4-10(2) allocated to the general fund/.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. McABEE moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
On motion of Rep. STODDARD, with unanimous consent, the following Bill was ordered recalled from the Senate.
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.
Rep. G. BROWN asked unanimous consent to recall H. 3664 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. BENNETT objected.
Rep. PHILLIPS asked unanimous consent to recall S. 710 from the Committee on Education and Public Works.
Rep. KLAPMAN objected.
On motion of Rep. H. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.
The Senate amendments to the following Bill were taken up for consideration.
S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.
The 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.
Rep. BOAN moved to dispense with the Motion Period.
As a first substitute Rep. QUINN moved to recall H. 3664 from the Agriculture, Natural Resources and Environmental Affairs Committee.
As a second substitute Rep. McELVEEN moved to recall H. 3661 from the Agriculture, Natural Resources and Environmental Affairs Committee.
Rep. McCAIN moved to table the motion.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, K. Baker Beasley Bennett Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Cooper Corning Farr Felder Glover Haskins Holt Jaskwhich Johnson, J.W. Klapman Koon Littlejohn Marchbanks Martin, L. McAbee McCain McCraw Phillips Rhoad Ross Scott Sharpe Shirley Smith Stoddard Sturkie Townsend Tucker Vaughn Waldrop White Wilder Wilkes Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Baxley Beatty Brown, G. Burch Corbett Cork Cromer Elliott, D. Elliott, L. Foster Gonzales Hallman Harris, J. Harvin Houck Huff Keegan Kempe Keyserling Kirsh McElveen McGinnis McLeod Meacham Neilson Nettles Quinn Rama Rogers Rudnick Sheheen Waites Wells Whipper
So, the motion to recall H. 3661 was tabled.
As a second substitute motion, Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. McELVEEN rose to a Point of Personal Privilege.
Rep. BAXLEY moved that the House recur to the morning hour.
Rep. BOAN moved to table the motion, which was agreed to.
Rep. BOAN moved to adjourn debate upon the following Bill, which was adopted.
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. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 2, which was adopted.
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 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. KIRSH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18402.SD), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 8, is further amended by adding:
"1. Adjutant General
(a) Pine Ridge Armory
(251st Evac. Hospital) 253,750
(b) Congaree Armory 607,200
(c) Pickens HAWK Armory 763,800
(d) Greenville HAWK Armory/DS
Facility 930,070
(e) Fountain Inn HAWK Armory 763,800
(f) Ware Shoals HAWK Armory 763,800
Total, Adjutant General 4,082,420
2. Budget and Control Board
Twelve million, five hundred thousand of Capital Improvement Bonds for the South Carolina Fire Academy Replacement and the Budget and Control Board-State Fire Marshal's Office are authorized as departmental bonds pursuant to the authority and limitations of Section 2 of this act. The Budget and Control Board-State Fire Marshal's Office and the Fire Academy must be located in this facility.
3. The Citadel
Utility System Repair/
Replacement 6,000,000
Total, The Citadel 6,000,000
4. Clemson University (E&G)
Engineering Innovation
Center 10,000,000
Total, Clemson University 10,000,000
5. College of Charleston
Facilities Renovations 4,000,000
Total, College of Charleston 4,000,000
6. Francis Marion College
McNair Science Building
Expansion 6,000,000
Total, Francis Marion College 6,000,000
7. Lander College
Old Main Renovation 10,000,000
Total, Lander College 10,000,000
8. South Carolina State College
Arts and Science Building 4,000,000
Total, South Carolina State College 4,000,000
9. University of South Carolina
(a) Columbia: Music Building 10,000,000
(b) Aiken: Business and
Education Building 6,000,000
(c) Spartanburg: Campus Life
Center 7,000,000
(d) Beaufort: Penn Center
Renovations 400,000
(e) Lancaster: Auditorium/
Classroom Building 1,700,000
(f) Sumter: Library Addition 4,000,000
Total, University of South Carolina 29,100,000
10. Winthrop College
(a) Infrastructure Modifications
and Renovations 4,772,000
(b) Sims Science Building
Addition/Renovation 5,228,000
Total, Winthrop College 10,000,000
11. Medical University of
South Carolina
Biomedical Research
Facility 9,366,040
Total, Medical University of
South Carolina 9,366,040
12. State Board for Technical and
Comprehensive Education
(a) Greenville: Library Classroom
Building Renovation 982,321
(b) Greenville: Nursing\Science
Building Phase 1 1,350,000
(c) Low Country: Allied Health
Instructional Facility
Replacement 980,000
(d) Trident: Learning Resources
Center Building 2,062,800
(e) York: Administration
Building Expansion 500,000
Total, State Board for Technical
and Comprehensive Education 5,875,121
13. Wil Lou Gray Opportunity School
Shower Vent System and
Shower Stall Improvements 225,000
Total, Wil Lou Gray Opportunity
School 225,000
14. School for the Deaf and
Blind
Learning Resource Center 926,425
Total, School for the Deaf and
Blind 926,425
15. State Library
State Library Expansion/
Renovation Additional A&E 250,000
Total, State Library 250,000
16. Department of Mental Health
Five million, eight hundred eighty thousand dollars of capital improvement bonds for the Charleston Area Mental Health Center are authorized as departmental bonds under the authority and limitations of Act 1276 of 1970.
17. John de la Howe School
Family and Child
Counseling Facility 1,000,000
Total, John de la Howe School 1,000,000
18. Department of Corrections
(a) Lee County Institution
Additional Funding 26,000,000
(b) Turbeville and Ridgeland
Institutions
Additional Funding 22,250,000
(c) 3 96-Bed Additions 1,939,479
(d) 1130-Bed Medium Institution 37,000,000
(e) 576-Bed Replacement-
Aiken Youth Center 14,000,000
(f) General Renovations 1,227,724
Total, Department of Corrections 102,417,203
19. Department of Youth Services
(a) Replacement Facility 9,500,000
(b) Equipment Replacement 114,942
(c) HVAC Repair/Replacement 45,137
(d) Painting 133,000
(e) Floors Repair/Replacement 99,060
(f) Utility Line Repairs 30,214
(g) Road Repairs 50,058
(h) Generators 250,000
(i) Group Homes Fire Codes/
Sanitation Renovations 258,860
(j) Chronic Status Offender
Facility Replacement 1,276,520
Total, Department of Youth Services 11,757,791
TOTAL ALL AGENCIES $215,000,000."/
Amend the bill further, as and if amended, in Section 2 by striking /eleven million, nine hundred thousand dollars/ which begins on line 44 of page 7 and on line 8 of page 8 and inserting /twelve million, five hundred thousand dollars/; and by striking /$11,900,000/ as contained on line 26 of page 8 and inserting /$12,500,000/.
Amend the bill further, as and if amended, in Section 3 by striking /$1,757,231,568.10/ as contained on line 29 of page 9 and inserting /$1,697,231,568.10/.
Amend the bill further, as and if amended, in Section 4 by striking /two hundred seventy-five million/ on line 5 of page 10 and inserting /two hundred fifteen million/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 29.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\18399.SD), which was tabled.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 8, is further amended by adding:
"1. Budget and Control Board
Twelve million, five hundred thousand of Capital Improvement Bonds for the South Carolina Fire Academy Replacement and the Budget and Control Board-State Fire Marshal's Office are authorized as departmental bonds pursuant to the authority and limitations of Section 2 of this act. The Budget and Control Board-State Fire Marshal's Office and the Fire Academy must be located in this facility.
2. Department of Mental Health
Five million, eight hundred eighty thousand dollars of capital improvement bonds for the Charleston Area Mental Health Center are authorized as departmental bonds under the authority and limitations of Act 1276 of 1970."/
Amend the bill further, as and if amended, in Section 2 by striking /eleven million, nine hundred thousand dollars/ which begins on line 44 of page 7 and on line 8 of page 8 and inserting /twelve million, five hundred thousand dollars/; and by striking /$11,900,000/ as contained on line 26 of page 8 and inserting /$12,500,000/.
Amend the bill further, as and if amended, by striking Section 3 and inserting:
/SECTION 3. Section 4 of Act 1377 of 1968, as last amended by Act 638 of 1988, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,445,782,506.29. The limitation imposed by the provisions of this section do does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."/
Amend the bill further, as and if amended, by striking Section 4 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\18401.SD), which was adopted.
Amend the bill, as and if amended, in Section 1, by striking /Eleven million, nine hundred thousand/ as contained on line 36 of page 2 and inserting /Twelve million, five hundred thousand/.
Amend the bill further, as and if amended, in Section 2 by striking /eleven million, nine hundred thousand dollars/ which begins on line 44 of page 7 and on line 8 of page 8 and inserting /twelve million, five hundred thousand dollars/; and by striking /$11,900,000/ as contained on line 26 of page 8 and inserting /$12,500,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5509.HC), which was tabled.
Amend the bill, as and if amended, page 6, by striking lines 31 through 34 and inserting:
/Of the funds authorized in this subitem, not more than forty percent may be used for any one beach renourishment project. Governmental entities/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 59 to 6.
Reps. CORNING and McCAIN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\1470.AC), which was tabled.
Amend the bill, as and if amended, Section 3(f) of Act 1377 of 1968, as contained in SECTION 1, by deleting beginning on line 27, page 6:
/23. Coastal Council
Beach Restoration Fund 2,500,000
Total, Coastal Council 2,500,000/.
Reletter sections to conform.
Amend totals and title to conform.
Rep. CORNING explained the amendment.
Rep. CORNING continued speaking.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 50 to 9.
Reps. CORNING and McCAIN proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\1422.AC), which was tabled.
Amend the bill, as and if amended, Section 1 by:
striking subsections 1 through 18 and 21 through 23 and to renumber current sections 19 and 20 accordingly.
Amend totals and title to conform.
Rep. CORNING explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. SHEHEEN spoke against the Bill.
The SPEAKER Pro Tempore granted Rep. RHOAD a temporary leave of absence.
Rep. SHEHEEN continued speaking.
Rep. McCAIN spoke against the Bill.
Rep. HARWELL spoke in favor of the Bill.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 8 was tabled.
Rep. BOAN moved to table the motion to reconsider.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch Carnell Cato Chamblee Cooper Cromer Elliott, D. Elliott, L. Farr Felder Foster Fulmer Gentry Glover Harris, J. Harris, P. Harvin Harwell Hayes Hodges Holt Houck Huff Johnson, J.W. Keesley Keyserling Kinon Klapman Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Nettles Phillips Rama Rogers Ross Rudnick Scott Sharpe Shirley Short Smith Stoddard Townsend Tucker Vaughn Waldrop Whipper White Wilder Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baxley Beatty Burriss Clyborne Cole Corbett Cork Corning Fair Gonzales Hallman Haskins Hendricks Jaskwhich Keegan Kempe Kirsh Koon Lanford Littlejohn McCain Meacham Neilson Quinn Sheheen Sturkie Wells Wilkes Wright Young, A.
So, the motion to reconsider was tabled.
Rep. CROMER moved to divide the question.
Rep. BOAN moved to table the motion, which was agreed to.
Rep. G. BAILEY spoke upon the Bill.
Reps. HASKINS and CORNING spoke against the Bill.
Rep. HOLT moved to waive Rule 6.1, which was agreed to.
Rep. STURKIE spoke against the Bill.
Rep. G. BAILEY proposed the following Amendment No. 9 (Doc Name L:\h-wm\legis\amend\WM3651.5), which was adopted.
Amend the bill, as and if amended, Section 1, Page 2, Sub-Item 3, Sub-Sub item (a), Line 31 opposite /Renovations/ by striking /1,250,000/ and inserting /1,100,000/.
Amend further, by inserting beginning on Line 44 the following: /Provided further that not more than $6,000 shall be expended for renovation of the restrooms./
Renumber sections to conform.
Amend totals and title to conform.
Rep. G. BAILEY explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Barber Boan Carnell Elliott, D. Foster Gregory Harris, P. Keyserling McAbee McCraw McElveen McGinnis McTeer Nettles Rogers Short Tucker Waldrop Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Baxley Beatty Bennett Brown, H. Bruce Burch Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, L. Fair Farr Felder Fulmer Glover Gonzales Hallman Harris, J. Harwell Haskins Hayes Holt Houck Huff Jaskwhich Keegan Kempe Kirsh Klapman Koon Littlejohn Martin, M. Mattos McCain McKay McLeod Meacham Neilson Phillips Quinn Rama Ross Rudnick Scott Sharpe Shirley Smith Stoddard Sturkie Townsend Vaughn Waites Wells Wilkes Wofford Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. BAXLEY moved to recommit the Bill to the Committee on Ways and Means.
Rep. FOSTER moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beatty Bennett Boan Brown, H. Bruce Burch Carnell Chamblee Cole Cooper Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Hayes Holt Houck Huff Johnson, J.W. Kempe Keyserling Littlejohn Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McTeer Nettles Phillips Quinn Rama Rogers Ross Rudnick Scott Sharpe Shirley Short Smith Townsend Tucker Waites Wells Whipper Wilder Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baxley Cato Clyborne Corbett Cork Corning Haskins Jaskwhich Keegan Kirsh Marchbanks Meacham Neilson Vaughn Waldrop Wilkes
So, the motion to recommit was tabled.
Rep. CORNING moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Corning McCain Wilkes
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Bailey, K. Baker Barber Baxley Beatty Bennett Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Elliott, D. Fair Farr Felder Foster Fulmer Glover Gregory Hallman Harris, J. Harris, P. Haskins Hayes Jaskwhich Johnson, J.C. Johnson, J.W. Kempe Kirsh Littlejohn Martin, M. McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Townsend Tucker Vaughn Wells Whipper Wilder Wilkins Wright Young, A.
So, the House refused to adjourn.
Rep. BAXLEY moved to adjourn debate upon the Bill until May 1.
Rep. BOAN moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Barber Boan Brown, H. Burch Burriss Carnell Chamblee Elliott, D. Elliott, L. Farr Felder Foster Fulmer Gentry Gregory Harris, J. Harris, P. Harwell Hayes Hodges Johnson, J.C. Johnson, J.W. Keesley Keyserling Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Nettles Phillips Rama Rogers Rudnick Short Smith Tucker Waldrop Whipper Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baxley Beasley Beatty Bennett Bruce Cato Clyborne Cole Cooper Corbett Cork Corning Cromer Fair Glover Gonzales Hallman Haskins Hendricks Holt Houck Huff Jaskwhich Keegan Kempe Kirsh Klapman Koon Lanford Littlejohn Marchbanks McCain McKay Meacham Neilson Quinn Ross Scott Sharpe Sheheen Shirley Sturkie Townsend Vaughn Waites Wells Wilkes Wofford Wright Young, A.
So, the Bill was rejected.
Rep. KIRSH moved that the House do now adjourn.
Rep. BOAN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. BOAN moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3749 -- Reps. Scott, Felder, Koon, McElveen, Cromer, Smith, McAbee, Sharpe, D. Williams, Whipper, Shirley, Beasley, Wilder, J.W. Johnson, Holt, Chamblee, Waldrop, Townsend, Waites, McLeod, McTeer, White, J. Brown, Snow, Altman, G. Brown, Phillips, Kirsh, Beatty and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN A LOCAL OFFICE IN A COUNTY WHICH ELECTS ITS LOCAL OFFICERS 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 COUNTY LEGISLATIVE DELEGATION REPRESENTING THAT COUNTY.
Referred to Committee on Judiciary.
H. 3750 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE MUST BE EQUIPPED WITH OR CONTAIN A LITTER RECEPTACLE AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works.
H. 3751 -- Reps. Cromer, Quinn, Rogers, Holt, Meacham, Keegan, D. Williams, Sharpe, G. Bailey, Waites, D. Elliott, Rudnick, Kirsh, Harwell, Whipper, Wright, L. Martin, Jaskwhich, Cole, J. Brown, Glover, Scott, Klapman, Snow, Burriss, McLeod, Harvin, Neilson, Kempe, Beatty, Farr, Barber, Phillips and M.O. Alexander: A BILL TO REQUIRE FINANCIAL INSTITUTIONS, CORPORATIONS, AND COMPANIES WHICH, IN ADVERTISING A CREDIT CARD OR CHARGE CARD, PRINCIPALLY SOLICIT BUSINESS FROM PERSONS WHO ARE EIGHTEEN TO TWENTY-TWO YEARS OF AGE TO PROVIDE AT THE SAME TIME TO THOSE PERSONS CERTAIN INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE INTEREST RATE INVOLVED AND THE FINANCIAL AND LEGAL CONSEQUENCES OF MISUSING CREDIT CARDS AND CHARGE CARDS, AND TO PROVIDE FOR THE PROMULGATION OF REGULATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.
Referred to Committee on Labor, Commerce and Industry.
H. 3753 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO SHALL NOT BE LICENSED, SO AS TO ADD PERSONS WHOSE DRIVING PRIVILEGE IS SUBJECT TO BE SUSPENDED.
Referred to Committee on Education and Public Works.
H. 3754 -- Reps. Sharpe, Smith, Huff, Rudnick and Keesley: A BILL TO AMEND SECTION 12-37-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX YEAR ON MOTOR VEHICLES, SO AS TO PROVIDE THAT AD VALOREM TAXES ON THE PURCHASE OF A MOTOR VEHICLE FROM A DEALER THAT DO NOT INVOLVE THE TRANSFER OF A LICENSE PLATE ARE DUE AND PAYABLE THIRTY DAYS FROM THE DATE OF PURCHASE RATHER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF PURCHASE.
Referred to Committee on Ways and Means.
H. 3755 -- Reps. Sharpe, Smith, Huff and Rudnick: A BILL TO AMEND SECTION 12-37-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX YEAR ON MOTOR VEHICLES, SO AS TO DELETE CERTAIN EXEMPTIONS TO THE PROVISIONS OF THE SECTION INVOLVING MOTOR VEHICLE DEALERS AND MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN, AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-2625 SO AS TO PROVIDE THAT A PERSON MAY TRANSFER A LICENSE FROM ONE VEHICLE TO ANOTHER WITHOUT PAYMENT OF AN ADDITIONAL PROPERTY TAX PROVIDED THE OWNERSHIP OF THE VEHICLE FROM WHICH THE LICENSE IS TRANSFERRED BECOMES VESTED IN A PERSON OTHER THAN A MEMBER OF THE TRANSFEREE'S IMMEDIATE FAMILY.
Referred to Committee on Ways and Means.
Rep. BOAN moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HOLT moved to reconsider the vote whereby the following Bill was rejected.
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. FELDER spoke in favor of the motion to reconsider.
Rep. KLAPMAN moved that the House do now adjourn.
Rep. M.O. ALEXANDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. FELDER continued speaking.
Rep. CARNELL moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to reconsider the vote whereby the Bill was rejected, Rep. FELDER having the floor.
The Senate returned to the House with concurrence the following:
H. 3734 -- Sumter Delegation: A CONCURRENT RESOLUTION COMMENDING LT. GENERAL CHARLES A. HORNER, CENTRAL COMMAND AIR FORCE COMMANDER, FOR HIS DEDICATION, ABILITIES, AND LEADERSHIP IN BRINGING OPERATIONS DESERT SHIELD AND DESERT STORM TO A SWIFT AND SUCCESSFUL CONCLUSION.
At 1:20 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Ray Crocker, Jr., to meet at 12:00 Noon, Tuesday, April 2.
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