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 all blessings, cause us to see every day, and each moment in it, as a gift from our Heavenly Father. May we, as good stewards, use each to the best of our ability even like one who plants a tree knowing that from whose branches he will never have the chance to pluck fruit. Make us to live daily in the realization that the largest room in the world is the room for improvement and that the most valuable gift we can give another is a good example as people of all ages have one thing in common; they close their ears to advice, but open their eyes to example.
So use us as reflectors of Your will and patterns of Your teachings. 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. H. BROWN moved that when the House adjourns it adjourn in memory of Thomas E. Schuster of Hanahan, which was agreed to.
The following was received.
Columbia, S.C., May 1, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers on S. 388:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: 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 SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; 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; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
and asks for a Committee of Free Conference and has appointed Senators Moore, Giese and Hayes of the Committee of Free Conference on the part of the Senate.
Very respectfully,
President
No. 128
Received as information.
The following was received.
Columbia, S.C., May 1, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 18:
S. 18 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUN 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.
Rep. BOAN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\JIC\5704.HC), which was adopted.
Reference is to the bill as passed by the Senate.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the version of the bill as passed by the House of Representatives, which is incorporated by reference in this amendment.
Renumber sections to conform.
Amend totals and title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Commission on Aging for a reception, May 8, 1991, upon adjournment - 2:00 P.M. in the Lower Lobby of the State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Parks, Recreation and Tourism (PRT) for a morning reception, May 9, 1991, 9:30 A.M. - 11:00 A.M. in the Lower Lobby of the State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3938 -- Reps. P. Harris, Waldrop and Neilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING MAY 5, 1991, AS "OLDER SOUTH CAROLINIAN WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
On motion of Rep. McABEE, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 3938 -- Reps. P. Harris, Waldrop and Neilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING MAY 5, 1991, AS "OLDER SOUTH CAROLINIAN WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, love, respect, and admiration for the aged have always been basic philosophical principles of western civilization; and
Whereas, the contributions of older Americans and their families represent the strength and future of our nation and have resulted in the growth and prosperity of our society at both the state and national levels; and
Whereas, a week designated for the purpose of focusing on the needs and value of older people and the community services available to them will be beneficial to older adults age sixty years and over, who comprise a rich segment of the state's population. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the week beginning May 5, 1991, is designated "Older South Carolinian Week", and Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 3968 -- Reps. D. Williams, H. Brown, Wofford and J. Williams: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM IN BERKELEY COUNTY UPON WINNING ITS SECOND CONSECUTIVE BOYS CLASS AA STATE BASKETBALL TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3969 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND ONE OF THIS STATE'S MOST UNSELFISH AND CARING PERSONS, MRS. MARY L. "BETTY" DUFFIE FOR HER MORE THAN TWENTY-FIVE YEARS OF LOVING AND INSPIRED WORK WITH THE MENTALLY RETARDED AND HANDICAPPED AS THE FOUNDER AND PRESIDENT OF THE BABCOCK CENTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 952 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES A. HORNER, COMMANDER OF THE NINTH AIR FORCE, HEADQUARTERED AT SHAW AIR FORCE BASE, FOR HIS BRAVERY AND SERVICE WITH DISTINCTION IN OPERATION DESERT STORM AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A CONVENIENT TIME AND DATE.
Whereas, Lieutenant General Charles A. Horner has served as Commander of the Ninth Air Force, headquartered at Shaw Air Force Base, South Carolina, since 1987; and
Whereas, Lieutenant General Horner has proven his courage many times during his career, including distinguished service as a combat pilot in the Vietnam War; and
Whereas, the citizens of South Carolina, particularly the citizens of Sumter, know Lieutenant General Horner as a man of vision, possessing the highest character, humility, and ability; and
Whereas, Lieutenant General Horner has not only been a contributing member of the military community in South Carolina, but also has given unselfishly of his time and energy to assist the civilian community; and
Whereas, Lieutenant General Horner, who in peacetime commands all Tactical Air Command bases east of the Mississippi River and serves as the Commander of the United States Central Command Air Forces, has found time to be an active participant in the Sumter community, fostering and improving the relationship between Shaw and Sumter by participating in charitable and civic endeavors; and
Whereas, he and his staff have been instrumental in helping Sumter County and other South Carolina counties recover from the devastation of Hurricane Hugo; and
Whereas, Lieutenant General Horner recently has proven his courage and ability again by leading the air forces of the United States and the six-member nations of the United Nations Coalition to a just and speedy victory in the recent war against Iraq; and
Whereas, Lieutenant General Horner's dedication, planning, knowledge, courage, and leadership were irreplaceable in the Iraqi War and made possible a swift victory with unbelievably low casualties; and
Whereas, Lieutenant General Horner is a man who, although he has the military acumen to be called the "architect of the air war" in Operation Desert Storm, abhors war, and loves peace; and
Whereas, all South Carolinians are proud that Lieutenant General Horner has called our State his home for the last four years and are grateful for his many contributions. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize Lieutenant General Charles A. Horner for his bravery and his service with distinction in Operation Desert Storm and invite him to address a joint session of the General Assembly at a date and time convenient to the Lieutenant General.
Be it further resolved that a copy of this resolution be forwarded to Lieutenant General Horner.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 957 -- Senators Shealy, Moore, Setzler and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS, THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES DEPARTMENT OF ENERGY TO SELECT THE SAVANNAH RIVER SITE IN AIKEN COUNTY, SOUTH CAROLINA, AS THE SITE FOR THE CONSTRUCTION AND OPERATION OF THE PROPOSED PRODUCTION REACTOR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 3970 -- Reps. McAbee, Cork, D. Elliott and Altman: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1991, AS SOUTH CAROLINA TOURISM MONTH TO BE OBSERVED WITH SPECIAL EVENTS THE WEEK OF MAY 5 - 11, 1991, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK.
Whereas, South Carolina offers a wide variety of outstanding scenic, historic, recreational, and vacation attractions and an abundance of things to see, do, and enjoy during the seasons of the year and in the areas of the State from the mountains, lakes, parks, and resort islands to the beaches of our coast; and
Whereas, tourism and travel is the second largest industry in our State with an economic impact on South Carolina estimated at nearly 5 billion dollars in 1991 and with an estimated 18.5 million trips made to South Carolina by adults solely for pleasure travel; and
Whereas, South Carolina's travel and tourism industry fills state tax coffers, in 1990 producing more than 15.5 million dollars in revenue from the two percent accommodations tax and nearly 9.2 million dollars from the four percent admissions tax, both of which are direct indicators of the economic value and strength of tourism; and
Whereas, the travel and tourism industry is a good investment showing a growth rate of more than one hundred percent in revenue during the past ten years; and
Whereas, travel and tourism is a vital industry with an eighteen percent increase in the number of hotel rooms and a substantial fifty percent increase in golf courses since 1986; and
Whereas, visitors spend forty-five dollars for every dollar invested in tourism advertising by the State; and
Whereas, South Carolina's travel and tourism industry is growing and will have a ten billion dollar impact by the next century; and
Whereas, the South Carolina Department of Parks, Recreation and Tourism's 1991 advertising campaign has been a major impetus toward a very successful year for tourism across the Palmetto State. The department's funds-sharing program and development activities and the infusion of accommodations tax funds has involved many small towns and rural areas of the State in promoting tourism on the local level. The state travel information centers served over six million visitors last year marketing the State seven days a week and three hundred sixty-two days a year. Special advertising and promotional efforts have contributed to the steady growth of tourism; and
Whereas, tourism and travel is an industry that blends with other economic, industrial, and cultural progress and is compatible with the protection of our vital natural resources and enhancement of the quality of life for the residents of the State; and
Whereas, the Department of Parks, Recreation and Tourism recognizing the untapped tourism potential in many of South Carolina's small towns and rural areas and also in the international market has established a Division of Community Development and a Division of International Marketing to implement the Parks, Recreation and Tourism Commission policy of extending the full benefits of tourism and recreation to all of South Carolina; and
Whereas, the Department of Parks, Recreation and Tourism is urged to continue its program to increase tourism in South Carolina, conduct research on the tourism industry, and report the progress of travel and tourism business periodically to the General Assembly; and
Whereas, the State should maintain the vitality of the tourism industry and develop it to the fullest potential through increased advertising, marketing, tourism research, community development, investments, and other means; and
Whereas, the Joint Legislative Committee on Tourism and Trade, the Department of Parks, Recreation and Tourism, other state agencies, regional tourism promotion agencies, county and municipal governments, chambers of commerce, other promotion agencies, and travel-tourism serving businesses are encouraged to actively express appreciation to South Carolina's visitors, promote public awareness of the economic importance of travel and tourism and invite people from all areas to visit South Carolina; and
Whereas, all South Carolinians are encouraged to utilize the vacation opportunities in our fine State and to express their appreciation to our visitors by continuing to provide them with the friendly and gracious hospitality that has done so much over the years to establish South Carolina as a major tourism and travel destination known around the world for its "smiling faces and beautiful places". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly designate the month of May, 1991, as South Carolina Tourism Month to be observed with special events the week of May 5 - 11, 1991, which has been designated by Congress as National Tourism Week.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3971 -- Rep. Keegan: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW A DEDUCTION FOR A SIXTY-FIVE YEAR OLD PERSON, OR HIS SPOUSE, WHO IS INELIGIBLE FOR A DEDUCTION UNDER OTHER PROVISIONS OF THIS SECTION.
Referred to Committee on Ways and Means.
H. 3972 -- Rep. Fair: A BILL TO AMEND SECTION 44-66-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO EXCLUDE THE WITHHOLDING OR WITHDRAWAL OF LIFE SUSTAINING PROCEDURES, NUTRITION, AND HYDRATION FROM THE DEFINITION OF HEALTH CARE.
Referred to Committee on Judiciary.
H. 3973 -- Rep. Keyserling: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.
Referred to Committee on Labor, Commerce and Industry.
H. 3974 -- Rep. Jennings: A BILL TO AMEND SECTION 50-17-811, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR CATCHING SHAD, SO AS TO INCLUDE GAME ZONES 5 AND 8 WITH 7 AND EXTEND THE SEASON TO MAY EIGHTEENTH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 942 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE CIVIL SERVICE SYSTEM FOR THE CITY OF SPARTANBURG, SO AS TO PROVIDE THAT APPLICANTS FOR ENTRY LEVEL POSITIONS ARE EXEMPT FROM THE RESIDENCY REQUIREMENT AND THE REQUIREMENT TO BE AN ELECTOR OF SPARTANBURG COUNTY, TO PROVIDE THAT APPLICANTS MUST BE NOT LESS THAN EIGHTEEN YEARS OF AGE RATHER THAN NOT LESS THAN TWENTY-ONE YEARS OF AGE, AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MAY NOT BE MORE THAN THIRTY-FIVE YEARS OF AGE.
Referred to Spartanburg 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. Baker Baxley Beasley Beatty Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, May 2.
Ken Bailey C. Lenoir Sturkie Edward Bennett Steve Lanford Samuel R. Foster T.M. Burriss Rick Quinn Paul M. Burch Roland Corning Alex Harvin, III William D. Boan
LEAVE OF ABSENCE
The SPEAKER granted Rep. BARBER a leave of absence for the day.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 1.
Rep. D. WILLIAMS, and the Berkeley Delegation, presented the Macedonia High School Foxes Basketball Team, the winner of the 1989-90 and 1990-91 AA State Basketball Championship, and their coaches.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.
H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.
H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
H. 3493 -- Rep. Felder: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDATION OF VETERANS' DISCHARGE AND OBTAINING A CERTIFIED COPY OF A REGISTERED DISCHARGE OR REGISTERED CERTIFICATE OF LOST DISCHARGE, SO AS TO DELETE THE PROVISION FOR A SPECIFIC FEE OF FIFTY CENTS FOR THE CERTIFIED COPY AND PROVIDE THAT FEES FOR FURNISHING A CERTIFIED COPY MAY BE ESTABLISHED BY EACH COUNTY BUT NOT TO EXCEED FIFTY CENTS, TO PROVIDE THAT THE CLERK OF COURT MAY DESIGNATE TO THE COUNTY VETERANS' AFFAIRS OFFICER RESPONSIBILITIES UNDER SECTIONS 30-15-10, 30-15-20, 30-15-30, 30-15-40, AND 30-15-60 UPON AGREEMENT OF THE CLERK AND VETERANS' AFFAIRS OFFICER, TO PROVIDE THAT ANY TRANSFER OF RECORDS MUST BE APPROVED BY THE COUNTY GOVERNING BODY, AND TO PROVIDE THAT, UPON THE TRANSFER OF RECORDS BEING MADE, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE CERTIFIED COPIES AS REQUESTED.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 227 -- Senator Rose: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO PROVIDE THAT FOR PURPOSES OF THIS SECTION STATE HOLIDAY DOES NOT MEAN THE GENERAL ELECTION DAY.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. VAUGHN having been recognized.
H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 1, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3494 be read the third time tomorrow.
The following Bill was taken up.
H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 1, by the Committee on Judiciary.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. HASKINS moved to adjourn debate upon the Bill until Tuesday, May 7, which was adopted.
Reps. SHARPE and KEYSERLING moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: 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 SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; 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; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
The yeas and nays, were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Beasley Beatty Bennett Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Clyborne Cole Corbett Cork Corning Cromer Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Haskins Hayes Holt Houck Huff Inabinett Jaskwhich Jennings Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McTeer Meacham Neilson Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Shirley Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Baxley Brown, G. McElveen McLeod
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. KEYSERLING, SHARPE and GONZALES to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Rep. BOAN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7556.DW), which was adopted.
Amend the bill, as and if amended, page 2, by striking SECTION 2, lines 34 through 44 and page 3, lines 1 through 21, and inserting:
/SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:
"Section 7-13-40. In the event that a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June second Tuesday in August of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on July first, or if July first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."/
Amend the bill further by adding an appropriately numbered section to read:
/SECTION ____. Section 7-11-15(1) of the 1976 Code is amended to read:
"(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April June sixteenth and noon on April June thirtieth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March May sixteenth and noon March May thirtieth;"/
Amend the bill further by adding an appropriately numbered section to read:
/SECTION ______. The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:
"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April June thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as ______________ in the primary election to be held on ________________. I affiliate with the _____________________Party, and I hereby pledge myself to abide by the results of the primary. a and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing general election.'
Every candidate for selection in a primary election as the nominee of any a political party for member of the Senate, member of the House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March May thirtieth a like similar notice and pledge."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. J. BAILEY spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Brown, H. Carnell Cato Chamblee Clyborne Cole Corbett Corning Fair Felder Gonzales Hallman Harris, P. Harrison Haskins Huff Rama Stoddard Tucker White Wilder Wilkins Williams, J. Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baxley Beasley Beatty Bennett Brown, G. Brown, J. Burch Burriss Cooper Cork Cromer Elliott, L. Farr Foster Gentry Glover Harris, J. Harvin Harwell Hayes Hodges Holt Houck Inabinett Jaskwhich Jennings Keegan Keesley Kempe Kinon Kirsh Klapman Koon Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Phillips Quinn Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Sturkie Townsend Vaughn Waites Waldrop Wells Whipper Wilkes 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.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 362 be read the third time tomorrow.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the remainder of the day to speak with USC President Dr. Palms and the Mayor of Columbia concerning organ donations.
The following Bill was taken up.
H. 3435 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT APPLICATION OF CHILD SUPPORT GUIDELINES TO AN EXISTING CHILD SUPPORT ORDER IS CONSIDERED A CHANGE OF CIRCUMSTANCES FOR MODIFICATION OF THE ORDER.
Rep. WILKINS moved to commit the Bill to the committee on Judiciary, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 262 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.
The following Bill was taken up.
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
Rep. WILKINS moved to adjourn debate upon the Bill until Tuesday, May 7, which was adopted by a division vote of 33 to 3.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3975 -- Reps. Tucker, P. Harris, Townsend, T.C. Alexander, Shirley, Chamblee, Ross and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF HERBERT C. HALL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3976 -- Rep. Koon: A CONCURRENT RESOLUTION CONGRATULATING THE TOWN OF LEESVILLE, LEXINGTON COUNTY, ON THE CONSTRUCTION AND DEDICATION OF ITS NEW FIRE STATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3933 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3935 -- Rep. Rhoad: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF EHRHARDT CEMETERY COMPANY IN BAMBERG COUNTY.
S. 730 -- Senator Land: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3935 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 730 be read the third time tomorrow.
Rep. FELDER moved to reconsider the vote whereby the following Joint Resolution was given a second reading.
H. 3933 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. T.C. ALEXANDER moved to adjourn debate upon the motion to reconsider, which was adopted.
Rep. FARR moved to reconsider the vote whereby the following Concurrent Resolution was rejected.
S. 710 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT LEGISLATIVE COMMITTEE STUDYING AND REVIEWING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY.
Rep. BEASLEY moved to adjourn debate upon the motion to reconsider, which was adopted.
The following Bill was taken up.
H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18548.SD), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. The 1976 Code is amended by adding:
"Section 38-71-655. In approving premium rates for individual or group accident, health or accident and health insurance policies after the effective date of this section, the commissioner in determining risk assessments must spread these risks over all age categories and not assign higher risks to one particular age category."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HOLT moved to table the amendment, which was agreed to by a division vote of 61 to 1.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18564.SD), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 38-71-326. In approving premium rates for individual or group accident, health or accident and health insurers, the commissioner must also take into consideration the insurer's income from investments."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. NEILSON moved to table the amendment, which was agreed to by a division vote of 49 to 24.
The Bill was read the second time and ordered to third reading.
Rep. NEILSON asked unanimous consent that H. 3941 be read a third time tomorrow.
Rep. KLAPMAN objected.
I am abstaining from voting on H. 3941 because the Bill deals directly with products that I sell.
Rep. MIKE FAIR
Rep. D. WILLIAMS moved that the House do now adjourn.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Baxley Beatty Brown, H. Carnell Chamblee Cole Cooper Cork Felder Harris, P. Harvin Hendricks Johnson, J.C. Kirsh Lanford Marchbanks Martin, L. McAbee McCain McCraw McGinnis McKay McLeod Neilson Ross Sheheen Shirley Snow Townsend Wells Whipper Williams, D. Williams, J. Wofford
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Beasley Brown, J. Burriss Cato Clyborne Corning Cromer Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, J. Harwell Haskins Hayes Holt Houck Huff Jaskwhich Jennings Johnson, J.W. Keegan Kinon Koon Manly Martin, D. Mattos McElveen McTeer Meacham Phillips Quinn Rama Rhoad Rogers Rudnick Scott Sharpe Smith Stoddard Sturkie Tucker Vaughn Waites Waldrop Wilder Wilkins Wright Young, A. Young, R.
So, the House refused to adjourn.
The following Bill was taken up.
H. 3439 -- Reps. Manly, Hallman, Sturkie, Rama, Smith, McKay, Wilder, Hodges, Phillips, J. Brown, McGinnis, M.O. Alexander, Scott, D. Williams, L. Elliott, Keyserling, Corning, Kempe, Beatty, Barber, L. Martin, Burriss, J. Harris, Koon, J.W. Johnson, Houck, Altman and Waldrop: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.
Rep. RHOAD explained the Bill.
Rep. KLAPMAN raised the Point of Order that H. 3439 was out of order as it did not have a fiscal impact statement attached.
The SPEAKER sustained the Point of Order.
Rep. KEMPE moved to adjourn debate upon the following Bill until Tuesday, May 7, which was adopted.
H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The following Bill was taken up.
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.
Reps. STURKIE and ALTMAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7524.BD).
Amend the bill, as and if amended, by striking SECTION 1, beginning on line 20, and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-17-395. (A) It is unlawful to construct a private structure over or upon intertidal or subtidal bottoms owned or controlled by the State and delineated on the South Carolina Wildlife and Marine Resources Department's state shellfish survey maps as:
(1) shellfish culture permit areas authorized by Section 50-17-310;
(2) state shellfish grounds authorized by Section 50-17-360;
(3) public recreational shellfish grounds authorized by Sections 50-17-350 and 50-17-370.
(B) A private structure existing or permitted before the effective date of this section may be constructed, repaired, or reconstructed, but the repaired or reconstructed structure must not be larger than the original structure."/
Renumber sections to conform.
Amend title to conform.
Rep. STURKIE explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 7, which was adopted.
The following Bill was taken up.
S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5642.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 48-14-20(4), page 2, and 48-14-20(9), page 3, and inserting:
/(4) 'Implementing agency' means the commission, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction.
(9) 'Person' means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, interstate body, the federal government, or other legal entity./
Amend further, page 8, by striking Section 48-14-40(I) and inserting:
/(I) Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures./
Amend further, beginning on page 8, by striking Section 48-14-50(B) and (C) and inserting:
/ (B) In carrying out this chapter, the commission shall:
(1) provide technical and other assistance to local governments and others in implementing this chapter;
(2) require that appropriate stormwater management and sediment control provisions be included in all stormwater management and sediment control plans developed pursuant to this chapter;
(3) cooperate with appropriate agencies of this State, the United States, other states or any interstate agency with respect to stormwater management and sediment control;
(4) conduct studies and research regarding the causes, effects, and hazards of stormwater and sediment and methods to control stormwater runoff and sediment;
(5) conduct and supervise educational programs with respect to stormwater management and sediment control;
(6) require the submission to the commission of records and periodic reports by implementing agencies as may be necessary to carry out this chapter;
(7) establish a means of communications, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals;
(8) assist conservation districts and local governments involved in the local stormwater management and sediment control program; and
(9) develop a schedule for implementing this chapter in the counties and municipalities of this State.
(C) The commission shall promulgate regulations, minimum standards, guidelines, and criteria necessary to carry out the provisions of this act with input from the South Carolina Erosion and Sediment Reduction Advisory Council, appointed by the Governor, in consultation with the South Carolina Department of Health and Environmental Control, the South Carolina Water Resources Commission, the South Carolina Association of Counties, the South Carolina Coastal Council, the South Carolina Association of Special Purpose Districts, and the South Carolina Municipal Association, and a task force of technical experts appointed by the commission. The regulations must include, but are not limited to:
(1) criteria for the delegation of program elements and review and revocation of delegated program elements;
(2) appeal procedures for local governments requesting delegation of program elements;
(3) types of activities that require a stormwater management and sediment control permit;
(4) waivers, exemptions, variances, and appeals;
(5) stormwater management and sediment control plan application or inspection fees;
(6) criteria for distribution of funds collected by sediment and stormwater plan approval and inspection fees;
(7) criteria for implementation of a stormwater management utility;
(8) specific design criteria and minimum standards and specifications;
(9) permit application and approval requirements;
(10) specific enforcement options;
(11) criteria for approval of designated watersheds;
(12) criteria regarding correction of off-site damages resulting from the land disturbing activity;
(13) construction inspections;
(14) maintenance requirements for sediment control during construction and stormwater management structures after construction is completed;
(15) procedures to accept and respond to citizen complaints on delegated program components and individual site problems; and
(16) a schedule for implementing this chapter considering such factors as demographics, growth and development and state and local resources./
Amend further, page 10, by striking Section 48-14-60(A) and (D) and inserting:
/(A) The commission may delegate any or all components of stormwater management and sediment control programs to a local government or conservation district pursuant to regulations promulgated by the commission.
(D) A local government may develop the program in cooperation with conservation districts./
Amend further, page 12, by striking Section 48-14-85 and inserting:
/Section 48-14-85. After the effective date of this chapter, a local government or special purpose or public service district may not undertake any regulated activity unless the local government or special purpose or public service district has submitted a request for a general permit to the commission and received its approval./
Amend further, page 17, by adding after SECTION 3:
/SECTION 3A. Section 48-18-70 of the 1976 Code is amended to read:
"Section 48-18-70. (1) The commission must shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the this State, a state agency, or quasi-state agency or land under the management or control of such an entity these entities through right-of-way easements or other agreements between such these entities and private landowners, except that the regulations may not apply to land owned by or under the jurisdiction of the South Carolina Department of Highways and Public Transportation or forest land owned or managed by the South Carolina Forestry Commission. The regulations shall apply to privately-owned lands only where they are under the management or control of the this State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications, and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The commission must shall develop and propose for approval, the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer must shall insure that such the regulations are followed on all land and land disturbing activities under his jurisdiction.
(2) The commission or its designated representative may inspect any land owned by the this State, a state agency, or quasi-state agency or land under the management or control of such an entity these entities through right-of-way easements or other agreements between such these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1) of this section.
(3) Any A state agency found by the commission to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section must shall take the necessary steps as indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems.
(4) The South Carolina Land Resources Commission in consultation with the South Carolina Department of Highways and Public Transportation and the South Carolina Department of Health and Environmental Control must shall promulgate regulations in consultation with the Commission for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the department.
(5) The South Carolina Forestry Commission must shall develop a plan, in consultation with the Land Resources Commission, for erosion and sediment reduction and stormwater management on forest land owned or managed by the Forestry Commission, and shall implement such the plan."/
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that S. 376 be read the third time tomorrow.
The following Bill was taken up.
H. 3515 -- Reps. Neilson, Baxley, Keegan, Quinn, Hallman, Sturkie, Wells, J. Bailey, Rhoad, McGinnis, Koon, D. Williams, Cork and M.O. Alexander: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3367.AL).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 8 of the 1976 Code is amended by adding:
Section 8-10-10. This chapter may be cited as the South Carolina Prospective Employee Drug Testing Act.
Section 8-10-20. As used in this chapter:
(1) 'Drugs' means any substance described in Schedules I through V, as contained in Chapter 44 of Title 53;
(2) 'Employer' means this State and any of its agencies and departments;
(3) 'Prospective employee' means a person who has made application to an employer, whether written or oral, to become an employee;
(4) 'Sample' means urine, blood, breath, saliva, or hair.
Section 8-10-30. An employer may test prospective employees for the presence of drugs, in accordance with the provisions of this chapter, when the prospective employee is offered a particular position before the final hiring selection for that position is made.
Written notice that a prospective employee may be subject to testing for the presence of drugs must be given to the prospective employee at the time of application.
Section 8-10-40. An employer may require samples from his prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.
Section 8-10-50. An employer shall pay all costs of the initial testing for drugs required by the employer, and the prospective employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of retesting.
Section 8-10-60. All sample collection and testing for drugs under this chapter must be performed in accordance with the following conditions:
(1) The collection of samples must be performed under reasonable, dignified, and sanitary conditions.
(2) Sample collections must be documented, and documentation procedures include:
(a) labeling of samples to preclude the probability of erroneous identification of test results;
(b) an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.
(3) Sample collection, storage, and transportation to the place of testing must be performed so as to preclude the probability of sample contamination or adulteration.
(4) Sample testing must comply to scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control for this purpose. Testing must include verification or confirmation of a positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of a test may be used as a basis for an action by an employer.
Section 8-10-70. (A) The Budget and Control Board shall establish guidelines and model policies for the testing required by this chapter for use by state agencies and departments.
(B) Testing or retesting for the presence of drugs by an employer must be carried out within the terms of a written policy which is consistent with policies and guidelines established by the Budget and Control Board and which is available for review by prospective employees.
(C) Within the terms of the written policy, an employer may require the collection and testing of samples for the purpose of determining a prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.
(D) The employer's use and disposition of all drug test results are subject to the limitations of this chapter.
Section 8-10-80. Upon receipt of a verified or confirmed positive drug test result which indicates a violation of the employer's written policy, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.
Section 8-10-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.
Section 8-10-100. No cause of action arises in favor of a person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:
(1) failure to test for drugs, or failure to test for a specific drug or other substance;
(2) failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or testing program or policy.
Section 8-10-110. (A) No cause of action arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In a claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:
(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and
(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-10-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to a person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;
(2) the information disclosed was a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
Section 8-10-130. No cause of action arises in favor of a person based upon the failure of an employer to establish a program or policy of drug testing.
Section 8-10-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter.
Section 8-10-150. Nothing in this chapter prohibits an agency or department of this State which has a drug testing program in existence on the effective date of this act from continuing such a program provided that the program is at a minimum equal to the provisions or requirements of this chapter and the guidelines and policies established by the Budget and Control Board pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. NEILSON 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. NEILSON having the floor.
Rep. CORNING moved that the House recur to the morning hour, which was agreed to.
Rep. KIRSH moved that the House do now adjourn.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Bennett Brown, H. Brown, J. Carnell Chamblee Cole Cork Elliott, L. Farr Foster Fulmer Hallman Harris, P. Harvin Hendricks Holt Houck Inabinett Johnson, J.C. Kirsh Lanford Marchbanks Martin, D. Martin, L. McAbee McCain McCraw McGinnis McLeod Phillips Rhoad Rogers Ross Scott Sheheen Shirley Short Townsend Whipper Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Baxley Beasley Burriss Cato Clyborne Cooper Corning Cromer Fair Gentry Glover Gonzales Harris, J. Harwell Haskins Hayes Hodges Huff Jaskwhich Jennings Johnson, J.W. Keegan Keesley Kempe Kinon Klapman Manly Martin, M. Mattos McElveen McKay McTeer Meacham Neilson Quinn Rama Rudnick Sharpe Smith Sturkie Tucker Vaughn Waites Waldrop Wells White Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. NEILSON having the floor.
H. 3515 -- Reps. Neilson, Baxley, Keegan, Quinn, Hallman, Sturkie, Wells, J. Bailey, Rhoad, McGinnis, Koon, D. Williams, Cork and M.O. Alexander: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Debate was resumed on Amendment No. 1, which was proposed by the Committee on Labor, Commerce and Industry.
Rep. NEILSON continued speaking.
Rep. KIRSH spoke against the amendment.
The amendment was then adopted by a division vote of 71 to 8.
The question then recurred to the passage of the Bill on second reading.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 66 to 8.
The following Joint Resolution was taken up.
H. 3540 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E OF SECTION 3 OF INSURANCE DEPARTMENT REGULATION R69-44 (REQUIREMENT FOR HOME CARE) UNTIL JANUARY 1, 1992.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9411.JM), which was adopted.
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Enforcement and application of Part E of Section 3 of Insurance Department regulation R69-44 (Requirement for Home Care), is suspended until March 1, 1992./
Amend title to conform.
Rep. NEILSON explained the amendment.
Rep. CORNING spoke upon the amendment.
Rep. McLEOD spoke against the amendment.
The amendment was then adopted.
Rep. J. BAILEY moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Bailey, K. Baxley Beasley Beatty Brown, H. Brown, J. Carnell Chamblee Cole Cooper Cork Elliott, L. Farr Foster Fulmer Glover Gonzales Hallman Harris, P. Harvin Hendricks Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Kempe Kinon Kirsh Lanford Marchbanks Martin, D. Martin, L. McAbee McCain McCraw McGinnis McKay McLeod Phillips Rhoad Ross Scott Sheheen Shirley Short Townsend Wells Whipper White Wilder Wilkes
Those who voted in the negative are:
Alexander, T. Baker Burriss Cato Clyborne Corbett Corning Cromer Fair Felder Gentry Harrison Harwell Haskins Hayes Hodges Huff Keegan Keesley Klapman Manly Martin, M. Mattos McElveen McTeer Meacham Neilson Rama Rogers Rudnick Sharpe Smith Tucker Vaughn Waites Waldrop Wilkins Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, as amended.
At 12:15 P.M. the House in accordance with the motion of Rep. H. BROWN adjourned in memory of Thomas E. Schuster of Hanahan, to meet at 10:00 A.M. tomorrow.
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