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:
Hear our prayer, Lord, that we make not only for ourselves, but for others too. Remember in Your mercy the poor and the homeless, children and young people, lonely and anxious citizens, all who work in government and business, those who are robbed of energy by disease or when a job is lost. Give all the hope to find healing and blessings even in times of pain and sorrow. Make all to feel Your nearness in all circumstances and conditions that You are always nearer than breathing and closer than hands and feet.
Thank You, Heavenly Father, for Your never failing presence and for Your constant care for all Your children. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold from
February 7, 1990 to May 7, 1991
3,227 @ $5.00 each 16,135.00
1989 Legislative Manuals:
19 @ $4.00 each 76.00
Total $16,221.00
Accounting:
Cash On Hand 10.00
Cash Deposited in State's
General Fund 16,211.00
Total $16,221.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
/s/ Sandra K. McKinney
Clerk of the House
May 7, 1991
Received as information.
The following was received.
Columbia, S.C., May 7, 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 H. 3067:
H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 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 H. 3076:
H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 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. 512:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 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. 376:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., May 7, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3650:
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.
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BOAN, MATTOS and McTEER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. WOFFORD moved that when the House adjourns it adjourn in memory of the Honorable J.P. Strait, which was agreed to.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3536 -- Rep. Corning: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND LICENSING OF BREWPUBS, THE PROMULGATION OF REGULATIONS, INCLUDING FEES, AND PENALTIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3888 -- Rep. Gentry: A BILL TO AMEND SECTION 38-73-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNED RISKS, SO AS TO PROHIBIT ASSIGNED RISK POOLS FROM REFUSING TO ACCEPT WORKERS' COMPENSATION INSURANCE POLICIES ON THE BASIS THAT THEY PROVIDE COVERAGE TO VENDORS PROVIDING LOGGING SERVICES TO A NAMED INSURED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3908 -- Rep. Burriss: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD ON SUNDAYS AT PUBLICLY OWNED AND OPERATED GOLF COURSES UPON THE CONSENT OF THE GOVERNING BODIES OF THESE GOLF COURSES, BUT ONLY IN COUNTIES AND MUNICIPALITIES WHERE SUNDAY SALES ARE PERMITTED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 890 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-29-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED CHARGES AND OTHER TERMS AND CONDITIONS OF LOANS MADE UNDER THE CONSUMER FINANCE LAW, SO AS TO REVISE FINANCE CHARGES AND INITIAL CHARGES ON CERTAIN LOANS, AND TO PROVIDE THAT CERTAIN DOLLAR AMOUNTS OF THIS SECTION MUST BE ADJUSTED FOR INFLATION IN THE SAME MANNER THAT ADJUSTMENTS FOR INFLATION ARE MADE UNDER THE CONSUMER PROTECTION CODE, TO AMEND SECTION 34-29-250, RELATING TO CRIMINAL PENALTIES FOR CONSUMER FINANCE LAW VIOLATIONS, SO AS TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ALSO ASSESS CIVIL PENALTIES FOR VIOLATIONS, AND TO REPEAL SECTION 34-29-230 RELATING TO REGULATORY PROVISIONS REGARDING PARTICULAR PERSONS ENGAGED IN THE LENDING BUSINESS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3704 -- Reps. Felder, Foster, K. Bailey, Bennett and McCain: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3832 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3980 -- Reps. Wilder, Baxley, Manly and Corning: A HOUSE RESOLUTION TO ALLOW A GROUP REPRESENTING "SHHH" (SELF-HELP FOR HARD OF HEARING PEOPLE) THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT A TIME TO BE DETERMINED BY THE SPEAKER ON THURSDAY, MAY 9, 1991, FOR THE PURPOSE OF RECOGNIZING MAY AS "BETTER HEARING AND SPEECH MONTH" AND TO EXTEND THE APPRECIATION OF THE HOUSE TO THOSE GROUPS THAT ARE WORKING TO IMPROVE THE LIVES OF THE HEARING IMPAIRED.
Be it resolved by the House of Representatives:
That the group representing "SHHH" (Self-Help for Hard of Hearing People) is given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, May 9, 1991, for the purpose of recognizing May as "Better Hearing and Speech Month" and to extend the appreciation of the House to those groups that are working to improve the lives of the hearing impaired.
The Resolution was adopted.
The Senate sent to the House the following:
S. 962 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.
Be it resolved by the Senate, the House of Representatives concurring:
That 12:00 noon on Wednesday, May 8, 1991, is fixed as the time for electing a successor to The Honorable George T. Gregory, Jr., Chief Justice of the Supreme Court, whose term expires on July 31, 1994.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 964 -- Senator Mullinax: A CONCURRENT RESOLUTION RECOGNIZING DR. CHRISTIE W. WINKLER FOR HIS SACRIFICE AND GALLANT ANSWERING OF HIS COUNTRY'S CALL TO WAR AND TO WELCOME DR. WINKLER HOME FROM SAUDI ARABIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 965 -- Senator Giese: 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 returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 966 -- Senators Passailaigue, McConnell, Martschink and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE MARGARET BERYL LACEY BAPTISTE OF CHARLESTON COUNTY FOR HER OUTSTANDING SERVICE TO THE NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 967 -- Senators Mitchell, Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, 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 REQUESTING THE STATE HOUSE COMMITTEE TO TAKE THE NECESSARY STEPS TO ARRANGE FOR AND PLACE A TABLET IN THE SECOND FLOOR LOBBY OF THE STATE HOUSE IN HONOR OF TWO OF SOUTH CAROLINA'S DISTINGUISHED MEDAL OF HONOR RECIPIENTS, CORPORAL FREDDIE STOWERS, WORLD WAR I, AND ADMIRAL WILLIAM ADGER MOFFETT, VERA CRUZ.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 979 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. J. OBERT KEMPSON OF COLUMBIA UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN AWARD" BY THE SOUTH CAROLINA COMMISSION ON AGING.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
Referred to Committee on Invitations and Memorial Resolutions.
H. 3982 -- Rep. Burriss: A BILL TO AMEND SECTION 61-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF NUMBER OF RETAIL ALCOHOLIC BEVERAGE OUTLETS IN A COMMUNITY, SO AS TO PERMIT THE SALE OR DEVISE OF LICENSE UNDER CERTAIN CONDITIONS, AND TO PERMIT LICENSEES TO MOVE THE LOCATION OF LICENSED PREMISES UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3983 -- Rep. Koon: A JOINT RESOLUTION TO EXTEND THE TIME FOR APPLYING FOR THE SPECIAL PROPERTY TAX ASSESSMENT RATIO FOR A LEGAL RESIDENCE REQUIRED BY SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR 1991 ONLY TO JULY 1, 1991.
Rep. KOON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Ways and Means
H. 3984 -- Rep. Koon: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF CERTAIN DURABLE MEDICAL EQUIPMENT AND SUPPLIES, NOT OTHERWISE EXEMPT FROM THE SALES TAX, WHEN PRESCRIBED BY A PHYSICIAN FOR THE TREATMENT OF AN INDIVIDUAL AND NOT FOR INSTITUTIONAL USE.
Referred to Committee on Ways and Means.
S. 915 -- Senators Drummond and Land: A BILL TO AMEND SECTION 38-73-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNED RISKS, SO AS TO PROVIDE ASSIGNED RISK POOLS SHALL ACCEPT WORKERS' COMPENSATION INSURANCE POLICIES ON THE BASIS THAT THEY PROVIDE COVERAGE TO VENDORS PROVIDING LOGGING SERVICES TO THE NAMED INSURED.
Rep. NETTLES asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 3985 -- Reps. Klapman, Koon and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. F. W. "BILLY" CAUGHMAN OF LEXINGTON COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3986 -- Reps. J. Brown, Scott, Rogers, Cromer, Harrison, Corning, Burriss and Waites: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CORPORAL BENJAMIN MURRAY, CHIEF OF SECURITY FOR THE BLATT BUILDING, FOR HIS OUTSTANDING PUBLIC SERVICE AND HIS OFF-DUTY SERVICE TO HIS FELLOWMAN INTERVENING IN A LIFE-THREATENING SITUATION TO SAVE THE LIFE OF ANOTHER AND TO EXTEND TO CORPORAL MURRAY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 14, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS ACT OF BRAVERY.
Whereas, Corporal Benjamin Murray, Chief of Security for the Blatt Building, has been a dedicated law enforcement officer for twenty-five years; and
Whereas, he has been an outstanding officer with the South Carolina Law Enforcement Division for almost fifteen years; and
Whereas, he is committed to protecting and serving his fellowman both on duty and off duty; and
Whereas, he recently demonstrated this by using his skills and experience as a veteran law enforcement officer, and with great courage and intrepidity he intervened in a life-threatening situation to save the life of another; and
Whereas, Corporal Murray pulled a man enough above the onslaught of dirt from a collapsing ditch so that, although the man was buried waist deep, he saved him from being buried alive; and
Whereas, the House of Representatives is pleased to have this opportunity to recognize Corporal Murray and his outstanding service both on and off duty. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina recognizes and commends Corporal Benjamin Murray, Chief of Security for the Blatt Building, for his outstanding public service and his off-duty service to his fellowman intervening in a life-threatening situation to save the life of another and to extend to Corporal Murray the privilege of the floor of the House of Representatives on Tuesday, May 14, 1991, at a time to be determined by the Speaker, for the purpose of being recognized for this act of bravery.
The Resolution was adopted.
The following was introduced:
H. 3987 -- Rep. Baxley: A HOUSE RESOLUTION WELCOMING HOME FROM SAUDI ARABIA LIEUTENANT COLONEL CHARLES WESLEY PLUNKETT OF DARLINGTON COUNTY AND THANKING HIM FOR HIS EFFORTS TO SECURE A VICTORY FOR FREEDOM IN THE MIDDLE EAST.
The Resolution was adopted.
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 Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley 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 Wednesday, May 8.
Robert A. Barber C. Lenoir Sturkie James C. Johnson Maggie W. Glover Rick Quinn John G. Felder Thomas E. Huff Jack Gregory Steve Lanford Paul Short Alex Harvin, III
LEAVES OF THE HOUSE GRANTED
The SPEAKER granted Reps. WAITES, WILKINS and HAYES a leave of the House because of an Ethics Conference Committee meeting.
Reps. McELVEEN, McLEOD and STODDARD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 7.
Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 2.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 949 -- Senators J. Verne Smith and Stilwell: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF PRECINCT 56, PLEASANT GROVE, AND PROVIDE FOR A NEW POLLING PLACE FOR THAT PRECINCT, AND TO ESTABLISH A NEW PRECINCT, NAMELY, 56A, RIVERSIDE, AND PROVIDE FOR ITS POLLING PLACE.
H. 3948 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3134 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.
H. 3713 -- Rep. Hodges: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT ALLOWED COUNTIES, CIRCUIT SOLICITORS, AND CIRCUIT COURTS FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO ALLOW REIMBURSEMENT FOR SHERIFFS.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. HODGES having the floor.
H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
The Bill was read the second time and ordered to third reading.
Rep. KEESLEY moved to adjourn debate upon the following Bill until Thursday, May 9, which was adopted.
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.
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.
Rep. McLEOD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7574.BD), which was ruled out of order.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-72-70. When an insured meets the requirements under a long-term care insurance policy for a determination that care in a nursing home or community residential care facility is necessary, the insured has the option of receiving necessary care in the home or community, with daily benefits at not less than fifty percent of the level that would be paid for care in a nursing home or community residential care facility or daily benefits equal to the actual cost of home or community care, as determined by the policy."
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. CORNING raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Joint Resolution.
The SPEAKER stated that the Amendment attempted to change a Joint Resolution into a Bill. He further stated that the difference between a Joint Resolution and a Bill was that a Joint Resolution had a limited impact and a Bill amended the permanent section of the Code. He further stated that the Amendment attempted to amend the permanent section of the Code with a Joint Resolution and you cannot accomplish that and he sustained the Point of Order and ruled the Amendment out of order.
Rep. McLEOD spoke against the Joint Resolution.
Rep. CORNING spoke in favor of the Joint Resolution.
Rep. McLEOD moved to table the Joint Resolution and demanded the yeas and nays, which were not ordered.
The House refused to table the Joint Resolution by a division vote of 8 to 56.
Reps. McLEOD, MATTOS and G. BROWN objected to the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
I am abstaining from voting on this resolution, H. 3540, since it directly affects products that I sell.
Rep. MIKE FAIR
The following Bill was taken up.
H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11654.DW), which was adopted.
Amend the bill, as and if amended, page 1, in Section 33-6-310(A), lines 31 and 32, by striking /reacquired/ and inserting /acquired/; and in Section 33-6-310(D), page 2, by striking /reacquired/ and inserting /acquired/ so that when amended Section 33-6-310 shall read:
/Section 33-6-310. (a) (A) A corporation may acquire its own shares, and shares so acquired it acquires constitute authorized but unissued shares unless the articles of incorporation provide that acquired shares become treasury shares or prohibit the reissue of acquired shares.
(b) (B) If the articles of incorporation prohibit the reissue of acquired shares, the number of authorized shares is reduced by the number of shares acquired, effective upon amendment of the articles of incorporation.
(c) (C) The board of directors may adopt articles of amendment under this section without shareholder action and deliver them to the Secretary of State for filing. The articles must set forth:
(1) the name of the corporation;
(2) the reduction of the number of authorized shares, itemized by class and series; and
(3) the total number of authorized shares, itemized by class and series, remaining after reduction of the shares.
(D) The board of directors may adopt articles of amendment providing that acquired shares become treasury shares without shareholder action./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3644 -- Reps. Waites, Wright, Cromer, L. Elliott, Klapman, Scott, Neilson, Corning, Keegan and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-100 SO AS TO REQUIRE NOTIFICATION TO LOCAL LAW ENFORCEMENT AUTHORITIES AND THE LOCAL LEGISLATIVE DELEGATION UPON A LICENSE APPLICATION OR RENEWAL TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.
Rep. L. MARTIN explained the Bill.
Rep. L. MARTIN moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. Name L:\council\legis\amend\N05\7501.BD), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, beginning on line 19, and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 61-9-617. Permitted wineries which produce and sell only domestic wine as defined in Section 12-21-1010 may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in South Carolina. Domestic wine must be delivered between 7:00 a.m. and 7:00 p.m."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
The following Joint Resolution was taken up.
H. 3947 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1266, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Reps. HODGES, HASKINS and FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11722.DW).
Amend the bill, as and if amended, page 2, lines 40 and 41, and page 3, lines 1 through 3, by striking SECTIONS 3 and 4 and inserting appropriately numbered sections to read:
/SECTION _____. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170, Part II, Section 3A, Act 170 of 1987, is further amended to read:
"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."
SECTION _____. Section 12-21-2746 of the 1976 Code is amended to read:
"Section 12-21-2746. (A) Municipalities and counties may, by ordinance, levy a license tax on the business taxed under this article, but in no case may a tax so levied exceed one-half of the amount levied by the State before March 28, 1956. premises which house (1) machines for the playing of games or amusements which have a free play feature operated by a slot in which is deposited a coin or other thing of value and the machines are of the nonpayout pin table type with levers or flippers operated by the player by which the course of the balls can be altered or changed or (2) machines of the nonpayout type, in-line pin games, or video games with free play feature operated by a slot in which is deposited any coin or other thing of value. Municipalities and counties may impose the license only if the described machines already comply with all of the other provisions of this article. If both the county and municipality pass ordinances to license the premises, the county may not charge a license tax within the incorporated area of the county.
The license fee which the municipalities or counties may charge under this section may not exceed fifty dollars for the machines described in item (2) of Section 12-21-2720 and may not exceed one hundred dollars for the machines described in item (3) of Section 12-21-2720.
(B) In every municipality and county which by ordinance provides for the licensing of premises as authorized by this section, it is required that the premises license fee must be paid and that the premises license must be issued by the municipality or the county, regardless of whether all other provisions of this article have been satisfied. Without a properly issued premises license, the presence of the described machines on the premises is unlawful. Further, if an issued premises license is revoked for any reason by the municipality or county which issued it, the presence of the described machines on the premises is unlawful.
(C) If a licensee under this section or his agent is convicted of violating any of the gambling laws of this State, the premises license issued pursuant to the authority of this section must be revoked for one year for a first offense and for two years for a second and every subsequent offense.
Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both.
(D) The other provisions of this article are applicable to the premises license authorized and issued under this section."
SECTION _____. Sections 12-21-2732 and 16-19-60 of the 1976 Code are repealed.
SECTION _____. Nothing herein shall be deemed to make the ownership or possession of non-payout machines with a free play feature illegal.
SECTION _____. This act is effective upon approval by the Governor, except that Sections 1 and 2 are effective for licenses issued after May 31, 1992./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. CORK, McGINNIS, BEATTY, GONZALES, FULMER, HOLT, R. YOUNG, BURRISS, WHITE, SHARPE, RAMA and SNOW objected to the Bill.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 9, which was adopted.
H. 3712 -- Rep. Huff: A BILL TO AMEND SECTION 34-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FUNDS RECEIVED OR HELD IN A TRUST DEPARTMENT AWAITING INVESTMENT OR DISTRIBUTION MUST BE SECURED TO THE TRUST DEPARTMENT UNDER CERTAIN CONDITIONS, SO AS TO ADD A TRUST COMPANY AS A FIDUCIARY UNDER THIS SECTION AND CLARIFY THAT A TRUST DEPARTMENT OR TRUST COMPANY MAY DEPOSIT FUNDS IN AN AFFILIATE BANK.
The following Bill was taken up.
H. 3667 -- Reps. Wright, Klapman and Koon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.
The yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Farr Felder Foster Fulmer Glover Gonzales 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 Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Whipper White Wilder Wilkes Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3773 -- Reps. Baker, Sharpe, Kirsh, Nettles, Keesley and Baxley: A BILL TO AMEND JOINT RESOLUTION 550 OF 1986, RELATING TO A MAXIMUM SALES TAX ON THE SALE OF MACHINERY FOR RESEARCH AND DEVELOPMENT FOR A PERIOD OF FIVE YEARS AND AN EXEMPTION FROM AD VALOREM TAXATION FOR A PERIOD OF FIVE YEARS OF CERTAIN FACILITIES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES, SO AS TO MAKE THESE EXEMPTIONS PERMANENT RATHER THAN OF A FIVE-YEAR DURATION AND TO DESIGNATE SECTION 1 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-36-2120(43), CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE SECTION 2 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-37-220 B.(34) OF THE 1976 CODE.
Rep. KIRSH explained the Bill.
The yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Burriss Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gonzales Hallman Harris, J. Harrison Haskins Hendricks Hodges Houck Huff Jaskwhich Jennings Johnson, J.C. Keegan Keesley Keyserling Kirsh Klapman Koon Marchbanks Martin, L. Mattos McAbee McCain McCraw McGinnis McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Rudnick Scott Sharpe Shirley Smith Snow Sturkie Townsend Tucker Vaughn Waldrop Wells White Wilder Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, K. Beatty Bennett Burch Cromer Glover Inabinett Littlejohn Martin, D. Ross Sheheen Stoddard Whipper Wilkes
So, the Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the contested Calendar.
The motion of Rep. FARR to reconsider the vote whereby the following Concurrent Resolution was rejected was taken up and rejected by a division vote of 34 to 45.
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.
On motion of Rep. HALLMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 237 -- Senator Martschink: AN ACT TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.
On motion of Rep. BOAN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.
S. 967 -- Senators Mitchell, Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, 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 REQUESTING THE STATE HOUSE COMMITTEE TO TAKE THE NECESSARY STEPS TO ARRANGE FOR AND PLACE A TABLET IN THE SECOND FLOOR LOBBY OF THE STATE HOUSE IN HONOR OF TWO OF SOUTH CAROLINA'S DISTINGUISHED MEDAL OF HONOR RECIPIENTS, CORPORAL FREDDIE STOWERS, WORLD WAR I, AND ADMIRAL WILLIAM ADGER MOFFETT, VERA CRUZ.
On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 622 -- Senator Hinds: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4715 SO AS TO ALLOW STATE FORESTRY COMMISSION VEHICLES TO USE RED FLASHING LIGHTS WHEN RESPONDING TO EMERGENCIES.
The Senate amendments to the following Bill were taken up for consideration.
H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
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.
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 by a division vote of 3 to 2.
The Senate amendments to the following Bill were taken up for consideration.
H. 3140 -- Rep. Rama: A BILL TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO PROHIBIT THE DEVICES.
Rep. L. MARTIN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
Rep. HODGES, with unanimous consent, proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\N05\7562.BD), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-77-100, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-100. A physician or health care facility electing for any reason not to participate in the withholding or withdrawal of life-sustaining procedures in accordance with a declaration executed under this chapter shall make a reasonable effort to locate a physician or health care facility that will effectuate the declaration and has a duty to transfer the patient to that physician or facility. A failure by a physician to effectuate the declaration of a terminal patient constitutes unprofessional conduct if the physician fails or refuses to make reasonable efforts to effect the transfer of the patient to another physician who will effectuate the declaration. If a nurse or other employee of a health care facility informs the physician or health care facility that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures from a declarant, the physician or health care facility shall make a reasonable effort to effectuate the declaration without the participation of the employee."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
Rep. FARR moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 8, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Drummond and Setzler of the Committee of Conference on the part of the Senate on H. 3650:
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.
Very respectfully,
President
No. 378
Received as information.
The following was received.
Columbia, S.C., May 8, 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. 474:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3939 -- Reps. Phillips, Farr, Neilson, L. Elliott, Wells, J.C. Johnson, Quinn, Sharpe, Scott, Gonzales, Wells, McCraw, Bruce, Foster, Littlejohn, Kempe, Kinon, Klapman, Jennings, Wright, A. Young, Chamblee, Marchbanks, Ross, McGinnis, T.C. Alexander, Smith, R. Young, Shirley, Haskins, G. Bailey, Fair, Cooper, Corbett and J. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT THE RECOMMENDATIONS OF SECRETARY OF DEFENSE RICHARD B. CHENEY WHICH PROPOSE TO REDUCE SUBSTANTIALLY THE NUMBER OF JUNIOR ROTC UNITS IN THE HIGH SCHOOLS THROUGHOUT THE UNITED STATES.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3954 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE PETER T. "PETE" BRADHAM OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 193 -- Senator Rose: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 480 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 913 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO DESIGNATE JUNE 10-16, 1991, AS "PEDIATRIC AIDS AWARENESS WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: A BILL TO AMEND SECTIONS 61-5-60 AND 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR SUSPENSION OR REVOCATION OR NONRENEWAL OF A LICENSE TO SELL ALCOHOLIC LIQUORS AND THE ACTS WHICH ARE PROHIBITED ON PREMISES LICENSED TO SELL BEER AND WINE, SO AS TO PROHIBIT BOTTOMLESS ENTERTAINMENT AT PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AND BEER AND WINE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3797 -- Rep. Hodges: A BILL TO AMEND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN ORGANIZATIONS FROM CORPORATE LICENSE FEES AND RELATED PROVISIONS, SO AS TO ALSO EXEMPT STATE-CHARTERED CREDIT UNIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3988 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE NEWBERRY CITY POLICE INVESTIGATOR, L. J. "JACKIE" SWINDLER, UPON BEING NAMED OFFICER OF THE YEAR BY THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS ASSOCIATION FOR THE YEAR 1991.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
H. 3845 -- Rep. Boan: A BILL TO AMEND SECTIONS 59-107-40, 59-107-50, 59-107-60, 59-107-70, 59-107-100, 59-107-160, 59-107-180, AND 59-107-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSTITUTION BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE BONDS ARE AUTHORIZED AND ISSUED; TO AMEND SECTION 11-27-30, RELATING TO THE EFFECT OF THE CONSTITUTION OF THIS STATE ON ALL STATE BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN STATE BONDS AND NOTES MUST BE ISSUED AND DELIVERED, AND TO REPEAL SECTIONS 57-11-350, RELATING TO THE EXECUTION OF STATE HIGHWAY BONDS, 59-71-500, RELATING TO THE EXECUTION OF STATE SCHOOL BONDS, AND 59-107-130, RELATING TO THE EXECUTION OF STATE INSTITUTION BONDS.
Rep. BOAN explained the Bill and moved to adjourn debate upon the Bill until Thursday, May 9, which was adopted.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 317 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD.
Rep. KIRSH explained the Bill.
S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.
S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.
Rep. BOAN explained the Bill.
H. 3609 -- Reps. Hodges and Hayes: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT THESE PLATES ONLY MAY BE ISSUED TO PERSONS WHO SELL TEN MOTOR VEHICLES IN A TWELVE-MONTH PERIOD.
H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. FARR explained the Bill.
S. 70 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-455, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO DESIGNATE A TIME EACH SCHOOL DAY FOR THE "PLEDGE OF ALLEGIANCE".
S. 879 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL SAFETY ASSESSMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5639.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 12-2-60, as contained in Section 1, page 3, and inserting:
/Section 12-2-60. The Comptroller General, with the approval of the Governor, may extend the time for the performance of the duties imposed upon the county auditors for the preparation of the duplicate and upon the County Treasurer and delinquent tax collector for the collection of taxes./
Amend further, by striking Section 12-4-310(5), as contained in Section 2, page 6, and inserting:
/(5) make available to the authorities of a political subdivision information reported to the commission pursuant to the requirements of Chapter 36 of this title of businesses licensed under Section 12-36-510 in the requesting political subdivision./
Amend further, page 8, by inserting immediately after line 20:
/Section 12-4-350. The commission may contract for computer and other electronic data processing services as it considers necessary. A person, firm, or governmental entity and their employees, under contract with the South Carolina Tax Commission, having access to information contained in or produced from a tax return, document, or magnetically or electronically stored data may not publish or disclose any part or parts of the data or information resulting from the data except to the commission, or as authorized by the commission, or as otherwise provided by law or by an order of a court of competent jurisdiction. This provision does not exempt the commission from the provisions of the South Carolina Consolidated Procurement Code./
Amend further, by striking items (2), (3), and (4) of Section 12-4-510, beginning on page 8 and inserting:
/(2) annually shall make the levy upon the assessed value of property subject to taxation necessary to raise the annual appropriations made by the General Assembly as it relates to private carlines and flight equipment;
(3) shall order reassessment of real and personal property, or any class or classes of either, or when, in the judgment of the commission, the reassessment is advisable or necessary to the end that all classes of property in the assessment district are assessed in compliance with the law./
Amend further, by striking items (4) and (6) of Section 12-4-520, beginning on page 9, and inserting:
/(4) as often as annually, shall examine all the books, papers, and accounts of assessors, auditors, treasurers, and tax collectors, with a view to protecting the interests of the State, counties, and other political subdivisions and rendering these officers aid or instruction. The commission does not have jurisdiction over personnel or equipment purchases of political subdivisions;
(6) may extend the time for the performance of the duties imposed upon the county assessors or auditors for the valuation of property for tax purposes, and, when the Comptroller General extends the time for the collection of taxes, the commission may postpone the time for the imposition of penalties./
Amend further, by striking subsections (B) and (D) of Section 12-4-540, page 11, and inserting:
/(B) Except as otherwise provided, the commission may use any accepted or recognized valuation method which in the commission's opinion clearly reflects the property's fair market value, including methods within the unit valuation concept. In assessing railroad transportation property, the commission shall use the unit valuation concept.
(D) Except as otherwise provided, the commission shall assess all real and personal property, leased or used, to the owner.
(E) When the commission uses the unit valuation concept, property taxes on all leased and used real and personal property must be paid by the lessee. Whether or not the unit valuation concept is used, an airline or private carlines shall pay property taxes on all leased real and personal property in its control./
Amend further, by striking SECTION 4, beginning on page 16, and inserting:
/SECTION 4. Section 12-54-240 of the 1976 Code, as last amended by Act 106 of 1989, is further amended to read:
"Section 12-54-240. (A) Except in accordance with proper judicial order or as otherwise provided by law it is unlawful for the members of the commission or any deputy, agency, clerk, or other officer or employee of the commission, or any person engaged or retained by the State Auditor's Office for the purpose of examining the records of the commission to divulge or make known in any manner any particulars set forth or disclosed in any report or return required under Chapters 7, 15, 16, 17, or 35, or 36 of this title.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. If the offender is an officer or an employee of the State he must be dismissed from office and is disqualified from holding any public office in this State for a period of five years thereafter. If the offender is an officer or employee of a company retained by the State on an independent contract basis under subsection (D)(B)(3) of this section or Section 12-4-350, the contract is immediately terminated and the company is not eligible to contract with the State for this purpose for a period of five years thereafter.
(B) Nothing in this section prohibits the:
(1) publication of statistics classified to prevent the identification of particular reports or returns and the items included on them or the inspection by the Attorney General or other legal representative of the State of the report or return of any taxpayer who brings an action to set aside or review the tax based on the report or return or against whom an action or proceeding has been instituted to recover any tax or any penalty imposed by this chapter, or of any taxpayer who has applied for review of any adjustment proposed by the commission, or of any taxpayer filing a petition for redetermination of a deficiency assessed by the commission. Reports and returns must be preserved for seven years and thereafter until the commission orders them to be destroyed.
(2) examination of records, returns, and reports held by the commission by persons employed by the State Auditor's Office annually to examine the books, accounts, receipts, disbursements, vouchers, and records of the commission as required by Section 11-7-20.
(3) examination of records, returns, and reports held by the commission by persons retained on an independent contract basis by the State Auditor's Office exclusively for the purpose of auditing statewide financial statements.
(4) transfer of funds and the submission of taxpayer home addresses and corrected social security numbers to the Department of Social Services Child Support Enforcement Division in accordance with Section 12-7-2240.
(5) inspection of returns by officials of other jurisdictions in accordance with Section 12-7-1690.
(6) disclosure of deficiency assessments to probate courts and the filing of warrants for uncollected taxes.
(7) submission of taxpayer names, home addresses, and social security numbers to the State Election Commission and Department of Highways and Public Transportation to effect the purposes of Section 14-7-130.
(8) exchange of information pursuant to Section 12-54-260 between the commission and the collecting agency necessary to implement that section.
(9) disclosure of information pursuant to Section 12-4-310(5) to county and municipal officials.
(C) The commission shall provide guidelines to persons receiving information pursuant to Subsection (B) of this section and shall monitor compliance with this section."/
Renumber sections to conform.
Amend title and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. McCAIN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5695.HC), which was adopted.
Amend the bill, as and if amended, in Section 12-2-40, as contained in SECTION 1, page 2, by adding after /policy./ on line 28:
/Nothing in this section limits the power of an individual to administer his property by contract or donation so as to manage or avoid the impact of this or other tax laws on his personal property./
Amend further, in Section 12-4-540(A), as contained in SECTION 2, page 11, by striking lines 12 through 16.
Amend the report of the Committee on Ways and Means, in Section 12-4-540(B), page iii, beginning on line 8, by striking /in the commission's opinion clearly/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McCAIN explained the amendment.
The amendment was then adopted.
Reps. QUINN and WILKINS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5705.HC), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. (A) Section 12-45-220 of the 1976 Code, as last amended by Act 326 of 1990, is further amended by adding at the end:
"(E) A person who sells securities or other investments to a governmental body, who knows that the securities or investments are unsuitable under this section, is personally liable to the governing body in accordance with Article 13, Chapter 1 of Title 35, the Uniform Securities Act. The governing body may bring suit under this section no later than three years after a majority of the governing body becomes aware of the illegal sale. The rights and remedies under this section are in addition to all other rights, remedies, or penalties which exist at law or equity."
(B) Section 6-5-10 of the 1976 Code, as last amended by Act 326 of 1990, is further amended by adding at the end:
"(d) A person who sells securities or other investments to a governmental body, who knows that the securities or investments are unsuitable under this section, is personally liable to the governing body in accordance with Article 13, Chapter 1 of Title 35, the Uniform Securities Act. The governing body may bring suit under this section no later than three years after a majority of the governing body becomes aware of the illegal sale. The rights and remedies under this section are in addition to all other rights, remedies, or penalties which exist at law or equity."
(C) The amendments to Sections 12-45-220 and 6-5-10 of the 1976 Code contained in this section apply with respect to all causes of action arising both before or after the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. McCAIN raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILDER moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.
H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.
The following Bill was taken up.
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.
Rep. FARR explained the Bill and moved to adjourn debate upon the Bill until Thursday, May 9, which was adopted.
The following Bill was taken up.
H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9421.SD), which was adopted.
Amend the bill, as and if amended, in Section 59-59-20(2)(c) by striking /State Board of Education/ on line 7, page 2, and inserting /Commission on Higher Education/ so that when amended, Section 59-59-20(2)(c) shall read:
/(c) A a school or training program which offers instruction primarily in the field of an avocation, recreation, health, or entertainment, as determined by the State Board of Education Commission on Higher Education.;
Amend further by striking SECTION 4 and inserting:
/SECTION 4. This act takes effect June 2, 1991./
Amend title to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3539 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT THE SAME LEVEL THAT WOULD BE PAID FOR CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY UNDER CERTAIN CONDITIONS, REQUIRE THE INSURER TO OFFER THIS NECESSARY CARE IN THE HOME OR COMMUNITY FOR THE INSURED'S OPTION BY MEANS OF A RIDER, AND PROVIDE AN EXCEPTION FOR OFFERING THE RIDER; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS AFTER THAT, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9418.JM), which was adopted.
Amend the bill, as and if amended, striking SECTION 1 and inserting:
/SECTION 1. Section 6 of Act 466 of 1988 is amended by adding:
"(I) All insurers issuing long term care insurance policies must offer, at time of application, an optional benefit which provides that when an insured meets the requirements under the policy that care in a nursing home or community residential care facility is necessary, the insured shall have the option of receiving necessary care in the home or community, with daily benefits at the same level that would have been paid for care in a nursing home or community residential care facility. This optional coverage may be provided by rider to the policy or included as part of the policy.
Notwithstanding the foregoing, insurers issuing long term care insurance policies may offer a home health care benefit which would provide benefits when care in the home only is necessary. This home health care benefit may provide lesser benefits than that provided by the policy for care in a nursing home or community residential care facility and may be provided either by rider to the policy or included as part of the policy."/
Amend further, by striking SECTION 4 and inserting:
/SECTION 4. This act takes effect January 1, 1992./
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. McLEOD moved to adjourn debate upon the Bill until Tuesday, May 14, which was adopted.
I am abstaining on H. 3539 due to conflict of voting on a bill that directly affects my profession.
Rep. MIKE FAIR
The following Bill was taken up.
H. 3721 -- Reps. Burriss and McAbee: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11676.DW), which was adopted.
Amend the bill, as and if amended, page 1, Section 16-14-60(g), line 39, by inserting after /(g)/ /(1)/; page 1, lines 43 and 44, and page 2, line 1, by striking /with intent to defraud the issuer, the acquirer, or the cardholder/; and on page 2, by inserting immediately after line 6:
/(2) A person without the acquirer's express authorization, employs or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)./
so that when amended Section 16-14-60(g) shall read:
/(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is subject to the penalties set forth in Section 16-14-100(b).
(2) A person without the acquirer's express authorization, employs or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3953 -- Rep. Wilder: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.
Rep. WILDER moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
Rep. WALDROP proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\N05\7510.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 40-25-110(B) and inserting:
/(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and successful completion of the practical portion of the examination./
Amend title to conform.
Rep. WALDROP explained the amendment.
Rep. NEILSON moved to table the amendment, which was not agreed to by a division vote of 5 to 30.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 38 to 33.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. HOLT and McLEOD withdrew their objections to the following Bill.
H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.
Rep. WILKINS withdrew his objection to H. 3774, however, other objections remained upon the Bill.
Rep. RAMA withdrew his objection to H. 3741, however, other objections remained upon the Bill.
The Motion Period was dispensed with on motion of Rep. L. MARTIN.
On motion of Rep. L. MARTIN, the House stood at ease subject to the call of the Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 3977 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.
The President announced that nominations were in order for the Chief Justice of the Supreme Court.
Rep. HARWELL nominated the Honorable David W. Harwell as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly...I thought this day would never come. This morning when I got up, I saw that the sky was clear. Another beautiful day. And I thought as the world turns on its axis and then moves in its orbit around the sun, that surely that this afternoon, evening will come and what I am about to do hails in the significance of time, but that is not to say that this isn't a glorious shining moment in the scheme of things. Twice I felt this day would not come and I am reminded of what Caesar's aide said to him when he ascended to his high position, 'Caesar, remember thou art all.' By having said that, I probably am the most appropriate person to make this nomination because as all of you know, I am extremely biased, not only about this nominee, but I have, as to paraphrase Will Rogers, never met a judge that I didn't like. And this one, I can go just a little further. I love this judge because I know him better than any of his friends, his brothers, of which there are four, and his sister, which there is one, of his sons, Bryan, Baxter. He has been a person that has from the very moment that he and I reached the age where we could converse with one another and even though one of the members in this House thought that he was my father when I came here in 1979. He is only 13 months older than I. And my father, his late father, Baxter Hicks Harwell, instilled in this man that if you had the determination, the desire and the dedication and would commit yourself to a quest of hard work that you could achieve. His saying was, because he was a Texan by birth and a South Carolinian by choice, that he had never seen a cowboy that hadn't been thrown, but he never saw a horse that couldn't be rode. And the gentle nature of his mother, Lacy Rankin Harwell instilled in him the humility, and the demeanor and the manner that those of you are conscious of and you know so well. The burdens and the obligations and the responsibilities and even more importantly, the duty, and the tradition that has served us so well, not only by our present Justice, the Chief Justice and all of the others, and those that have preceded him, he is very conscious of that. Having served in the General Assembly and this House for ten years and then a seating to the Judge to the Twelfth Circuit on May 2, 1973 and thereafter elected Associate Justice on Feb. 20, 1980 serving continuously since that time. It is with great pleasure and the highlight of my service in the General Assembly, for the second time, to have this high honor and to place in nomination for Chief Justice for the South Carolina Supreme Court, my former law partner, my best friend, my brother, David Walker Harwell."
On motion of Rep. GENTRY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable David W. Harwell was duly elected for the term prescribed by law.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 3916 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX WEDNESDAY MAY 8, 1991, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1994; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1995.
The President announced that nominations were in order for a Circuit Court Judge, First Judicial Circuit.
Senator Pope, on behalf of the Joint Screening Committee, nominated W. Newton Pough and Charles W. Whetstone, Jr. and withdrew James H. Messervy as candidates.
Senator Matthews withdrew Mr. Pough as a candidate.
Senator Williams, Reps. FELDER and HARVIN seconded the nomination of Mr. Whetstone.
On motion of Senator Pope, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Charles W. Whetstone, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit.
Senator Pope, on behalf of the Joint Screening Committee, nominated William P. Keesley and Marc H. Westbrook.
Senator Setzler withdrew Mr. Westbrook as a candidate.
On motion of Senator Pope, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. William P. Keesley was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit.
Senator Waddell nominated T. Reeves Sams as follows:
"Ladies and gentlemen of the Joint Assembly...I have been here a long time and this is the first time that I have had the opportunity to nominate someone for a judgeship in 34 years. So, I might take a little of your time. But, seriously, in Beaufort County we have in the memory of living men and those that died a half a century ago have never had a judgeship, a resident judge in that county. Yet, the county accounts for over half of the legal business of the whole circuit. And I feel that sooner or later, we have 201 lawyers in Beaufort and if you want to get sued, come to Beaufort, we got plenty and the rest of the circuit has 80. Today, it gives me distinct pleasure to put in nomination a gentlemen, a scholar that I served with on the delegation with years ago. He is a resident, a native of Beaufort. He has been there all of his life. He followed me a year after I went to the Citadel and he, like myself, did not get to finish. He was called to active duty, served as a rifleman in the United States Infantry and was awarded the Combat Infantry Badge and three battle stars. He has an illustrious career. He came back. He didn't go to the Citadel, he finished Carolina, got his degree in law from Carolina. He has practiced law. He has been up here in the legislature. He was the Amendment Clerk for one session, assistant director of Legislative Council and we can go on and on. He has been an outstanding citizen of our community. Reeve is one of my greatest friends and as I say, I served on the delegation with him and he did an outstanding job. He has done an outstanding job in the practice of law. He really has practiced in all the Courts of the Circuit and the Appellate Court. I think he has got the practical background to serve and it gives me a great deal of pleasure this morning, as I said the one opportunity that I have had in 34 years, to nominate someone for a judgeship as to place in nomination the name of T. Reeve Sams of the judgeship of the Fourteenth Circuit."
Senator Drummond, Senator Hinds, Rep. HASKINS, Rep. VAUGHN, Senator Shealy, Rep. KEYSERLING, Rep. CORK, Senator Nell W. Smith, Senator Stilwell, Rep. HALLMAN, Senator Giese, Senator Moore, Rep. KEEGAN, Rep. BURRISS and Rep. STURKIE seconded the nomination of Mr. Sams.
Senator Washington nominated Gerald C. Smoak, Sr. as follows:
"Members of the Joint Assembly...I have taken this podium on many occasions to make nominations for individuals serving this State. Today, I think is one of the greatest honors that I think that I have had since serving in this General Assembly to place in nomination an individual to the Circuit Court of this State. There will be a great asset to the State of South Carolina. I need not tell you that Gerald Smoak is a family man. He is married and has six children. I need not tell you that Gerald Smoak served in the legislature for a number of years. I need not tell you that Gerald Smoak served as the prosecutor and still is. I need not tell you that he is a trial lawyer and has served in every phase of the judicial system and he has done a great job. I need not tell you that Gerald Smoak is an honorable man. You have seen him, you have talked to him. He is a man, that if you elect him to the judicial system of this State, I can tell you that his role will not become too heavy for him. I can tell you that this man is a community man. A man that has given of his time to the little people of this State, those who could not help themselves. I can tell you that he is a man who is respected by his community and I can assure you that the people in Beaufort County, Hampton County and all of the other counties in this judicial circuit will be proud of the person that you have elected to serve as a Circuit Court Judge in this State. I can tell you that Gerald Smoak is also a graduate of the University of South Carolina Law School. I can also tell you that Gerald Smoak served his country in the military. I think that as we look at elected judges for this State, that we make sure that we elect individuals who are going to be sensible and sensitive to the needs of all the people in this State. We need to elect individuals who are going to be concerned and have great character, men and women who will be able to wear the robe and wear it with distinction. And I can tell you that Judge Gerald Smoak will be that kind of judge in this State. You have met him and he has been up here to talk to you and Judge Gerald Smoak will be the same Judge Gerald Smoak that he has been over the years. You can talk to him, you can reason with him and I hope that you along with me this morning will make the right decision for the right time because Gerald Smoak is the right man for the right time for the judicial system in South Carolina. I urge you to support him and I place in nomination the Honorable Gerald Smoak."
Rep. HARWELL, Senator Mullinax, Senator Fielding, Rep. T.C. ALEXANDER, Rep. RAMA, Rep. HOLT, Rep. MATTOS, Rep. J. BAILEY, Rep. MEACHAM, Rep. A. YOUNG, Rep. GONZALES, Senator Matthews, Rep. RHOAD, Rep. PHILLIPS, Senator Williams, Rep. INABINETT, Rep. WHITE, Rep. WILDER, Rep. H. BROWN, Rep. CARNELL, Rep. SMITH, Rep. WILKES, Rep. CROMER, Senator Patterson, Rep. SCOTT, Rep. J. BROWN, Senator Mitchell, Rep. HUFF, Rep. GREGORY, Rep. HARVIN and Rep. ROSS seconded the nomination of Mr. Smoak.
On motion of Rep. GENTRY, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Sams:
Bryan Courson Drummond Giese Hinds Leatherman Leventis Long Macaulay Martin Martschink Moore Reese Russell Shealy Smith, N.W. Stilwell Waddell
The following named Senators voted for Mr. Smoak:
Fielding Gilbert Hayes Lourie Matthews McConnell McGill Mitchell Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Saleeby Setzler Smith, J.V. Washington Williams Wilson
On motion of Rep. GENTRY, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Sams:
Altman Burriss Cato Corbett Cork Corning Elliott, D. Elliott, L. Fair Farr Hallman Haskins Hayes Houck Jaskwhich Keegan Keyserling Kirsh Martin, M. McCraw Quinn Sturkie Vaughn Waldrop
The following named Representatives voted for Mr. Smoak:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Cromer Felder Foster Fulmer Gentry Glover Gonzales Gregory Harris, J. Harris, P. Harrison Harvin Harwell Hendricks Hodges Holt Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Kempe Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
Total Number of Senators voting 39
Total Number of Representatives voting 114
Grand Total 153
Necessary to a choice 77
Of which Mr. Sams received 42
Of which Mr. Smoak received 111
Whereupon, the President announced that Mr. Gerald C. Smoak, Sr. having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 2.
Senator Pope, on behalf of the Joint Screening Committee, nominated Abigail R. Rogers and Lynne R. Rogers.
Rep. J. BROWN withdrew Lynne R. Rogers as a candidate.
On motion of Rep. J. BROWN, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Abigail R. Rogers was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Tenth Judicial Circuit, Seat 3.
Senator Pope, on behalf of the Joint Screening Committee, nominated Tommy B. Edwards and Sanford E. Haley.
Rep. P. HARRIS withdrew Mr. Haley as a candidate.
Reps. T.C. ALEXANDER, CHAMBLEE, COOPER, HARVIN, J.W. JOHNSON, TOWNSEND, SHIRLEY and CARNELL, Senator Macaulay and Reps. TUCKER, J. BROWN, Senator MITCHELL, Reps. McELVEEN and McLEOD, Senator O'Dell, Reps. ROSS, COLE and BARBER, Senator Mullinax, Reps. BAXLEY and SCOTT seconded the nomination of Mr. Edwards.
On motion of Rep. P. HARRIS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Tommy B. Edwards was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.
Rep. WILKINS nominated John W. Kittredge as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly...It is my distinct honor and privilege to stand before you today to nominate my law partner and close friend, John Kittredge, for the Family Court Judgeship of the Thirteenth Judicial Circuit. And I would ask you, if you would just let me indulge you for a few minutes and allow me to make a few remarks about John because this is not only a very special day for him, but it is a very special day for me. I have been honored the privilege to stand before you before and place names in nomination for judgeships. I see Judge Traxler in the balcony and a few years ago, I nominated him and this Body saw fit to elect him. But, it is a little extra special when you stand before this Body and nominate such a close friend and a law partner and somebody that you work with closely since 1984. So, please allow me just a few minutes because this is a special moment for me as well as for John. I want to tell you a little bit about John Kittredge and about his accomplishments. He graduated in the top ten percent of his class at the University of South Carolina Law School. Before that, he had gone to the University of South Carolina Graduate School. He graduated summa cum laude. He graduated with the highest GPR in his class, a straight A, 4.0 average. I know that some of you went to college and didn't make any B's or many B's. John didn't make any B's either. He made all A's. John Kittredge is just an absolutely intelligent smart fellow. But, he possesses in addition to that alot of qualities that we like to see in our judges. He has one of the keenest legal minds that I have ever seen. And he has that unique ability to assess a situation and look at it, cut through very quickly and decide what the real merit of the situation is and what is the fair thing to do. He is impeccably honest. He has the highest degree of integrity of anybody that I have ever been associated with and he is just down right an outstanding lawyer. In fact, John is the best lawyer I know, certainly one of the best lawyers in our law firm, certainly much better than I am. He really does possess one of the keenest legal minds that you have ever seen. In addition to his legal career, he is very civic minded. Presently, he is serving as President of Crimestoppers in Greenville, he is Chairman of the Civil Service Commission for the city of Greenville, he serves on the Governor's Committee for Criminal Justice, Crime and Delinquency and he is on the Joint Legislative Committee for Children. John is married to Lyla Kittredge, who is one of the finest individuals you will ever meet. They have three young children. Lyla and John's parents are in the balcony today for this occasion. I would like to also take this opportunity to pay tribute to my law partners. They are here, too, Cecil Nelson, Manning Culbertson and former partner, Chuck Simmons, who is now a Master-in-Equity in Greenville. These are the individuals that allow me to come to Columbia and spend so much time with you and keep the home fires burning. We are going to miss John Kittredge a great deal. He is somebody that I have shared alot of good times and bad times with and alot of life's experiences and received alot of opinions from, both solicited and unsolicited. I want to tell John, right now, that I will miss you. I will miss you dearly as a partner and as a friend in the law practice. But, I want this Body to keep their eye on John Kittredge because I will tell you that you will hear from him again. I don't know where or when or how, but I am sure that John Kittredge will be one of the most outstanding judges this State has ever seen. I look with great interest and anticipation following his judicial career. So, with great pride, Mr. President, I place in nomination the name of John Kittredge from Greenville for the judge for the Thirteenth Judicial Circuit for the Family Court. Thank you very much."
Senator Mitchell seconded the nomination of Mr. Kittredge.
On motion of Senator Mitchell, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that John W. Kittredge was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 1.
Senator Pope, on behalf of the Joint Screening Committee, nominated H.E. Bonnoit, Jr.
On motion of Senator Pope, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that H.E. Bonnoitt, Jr. was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:43 P.M. the House resumed, the SPEAKER in the Chair.
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3985 -- Reps. Klapman, Koon and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. F. W. "BILLY" CAUGHMAN OF LEXINGTON COUNTY UPON HIS DEATH.
At 12:45 P.M. the House in accordance with the motion of Rep. WOFFORD adjourned in memory of the Honorable J.P. Strait, to meet at 10:00 A.M. tomorrow.
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