Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Father, teach us that "they that wait upon the Lord shall renew their strength". When days are long and work is hard, spare us from giving in too soon or giving up too easily. At all times, give us that poise and peace which inevitably come to those who claim Your help. And with that help our burdens are made lighter and our judgments wiser. In these days of high demands, keep us clear in mind, sound in judgment, chaste in speech, magnanimous in our conduct.
And to You shall be our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 27, 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. 534:
S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 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. 843:
S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 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. 693:
S. 693 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 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. 431:
S. 431 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R104, S. 940 by a vote of 45 to 0.
S. 940 -- Senator Washington: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.
Very respectfully,
President
No. 85
Received as information.
The following was received.
May 22, 1991
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 940, an Act:
(R104) S. 940 -- Senator Washington: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.
Section 33-14-220, as amended by Act 10 of 1991, provides the procedure under which a charter revoked under Section 33-14-210 may be reinstated. Since the Charter of United We Stand in Christ Inc. was forfeited according to Section 33-14-210, the corporation may apply for reinstatement at anytime with the Secretary of State.
This veto is based upon an opinion of the Attorney General's Office dated March 28, 1990, which states:
"Special legislation to reinstate a revoked charter for a specific corporation is proscribed by Article IX, Section 2, of our Constitution. It there provides:
'The General Assembly Shall provide by general law for the formation, organization, and regulation of corporations and shall prescribe their powers, rights, duties, and liabilities, including the powers, rights, duties and liabilities of their officers and stockholders or members.'
"Section 33-14-220 is a general law. A general law was defined in McKiever V. City of Sumter,137 S.C. 266, 135 S.E. 60 to be:
'A law is general in the constitutional sense which applies to and operates uniformly on all members of any class of persons, places, or things requiring legislation peculiar to itself in matters covered by the law.'"
An act that would authorize the reinstatement of a revoked corporate charter beyond the procedure set forth in the limitations of Section 33-14-220 must be by general law applicable to all similar corporations.
In addition to the fact that, S. 940, R-104, is special legislation and thus in violation of the Constitution, the necessity to reinstate a corporation through legislation is no longer necessary. The application for reinstatement after an administrative dissolution is no longer limited to the two years after the date of dissolution. The General Assembly adopted Act 10, of 1991, effective March 15, 1991, which eliminated the two year limitation so that a corporation may now apply for reinstatement anytime after dissolution.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Gentry Gregory McTeer Sheheen
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
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.
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 returned to the House with amendments the following:
H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.
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 returned to the House with amendments the following:
H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.
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 returned to the House with amendments the following:
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
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 was introduced:
H. 4028 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE THE MID-CAROLINA HIGH SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1991 STATE CLASS AA BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4029 -- Rep. J. Bailey: A BILL TO AMEND SECTIONS 56-5-5350 AND 56-5-5360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL MOTOR VEHICLE INSPECTIONS, OFFICIAL INSPECTION STATIONS, AND THE APPLICABLE FEES, SO AS TO REQUIRE BIENNIAL RATHER THAN ANNUAL INSPECTIONS AND TO INCREASE THE MAXIMUM INSPECTION FEE FROM TWO AND ONE-HALF DOLLARS TO NINE DOLLARS AND TO INCREASE THE INSPECTION STICKER FEE FROM FIFTY CENTS TO ONE DOLLAR.
Referred to Committee on Education and Public Works.
H. 4030 -- Rep. McCain: A BILL TO PROVIDE THAT ELECTIONS FOR SCHOOL DISTRICT BOARDS OF TRUSTEES IN ORANGEBURG COUNTY MUST BE HELD AT THE TIME OF THE GENERAL ELECTION.
On motion of Rep. McCAIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Referred to Committee on Judiciary.
S. 544 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-195 SO AS TO PROVIDE THAT THE DEPARTMENT MAY INSPECT FOREIGN VEHICLES ACCOMPANIED BY A MANUFACTURER'S STATEMENT OF ORIGIN BEFORE REGISTRATION AND LICENSURE TO DETERMINE WHETHER A VEHICLE MEETS THE DEPARTMENT'S STANDARDS.
Referred to Committee on Education and Public Works.
S. 1009 -- Senators Williams and Matthews: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION AND TO DEVOLVE UPON THE COUNTY SCHOOL DISTRICTS ALL POWERS AND DUTIES OF THE COUNTY BOARD EXCEPT FOR THE ELECTION OF TRUSTEES WHICH BECOMES THE RESPONSIBILITY OF THE COUNTY ELECTION COMMISSION AND FOOD SERVICE SUPERVISION AND ATTENDANCE SUPERVISORS WHICH BECOME THE RESPONSIBILITY OF A CONSORTIUM FORMED BY THE COUNTY SCHOOL DISTRICTS.
On motion of Rep. McCAIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jaskwhich 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 McLeod McTeer Meacham Neilson Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, May 28.
Rick Quinn M. Burriss J. Harrison Jim C. Johnson Thomas E. Huff Douglas Jennings, Jr. Roger Young E. Leroy Nettles W.M. McKay
LEAVE OF ABSENCE
The SPEAKER granted Rep. MANLY a leave of absence for the day.
Rep. J.C. JOHNSON signed a statement with the clerk that he came in after the roll call of the House and was present for the session on Monday, May 27.
Announcement was made that Dr. Kevin Killeen of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 3834 -- Rep. Wilkins: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA, AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Rep. WILKINS made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill, with amendments, have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4022 -- Orangeburg Delegation: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION AND TO DEVOLVE UPON THE COUNTY SCHOOL DISTRICTS ALL POWERS AND DUTIES OF THE COUNTY BOARD EXCEPT FOR THE ELECTION OF TRUSTEES WHICH BECOMES THE RESPONSIBILITY OF THE COUNTY ELECTION COMMISSION AND FOOD SERVICE SUPERVISION AND ATTENDANCE SUPERVISORS WHICH BECOME THE RESPONSIBILITY OF A CONSORTIUM FORMED BY THE COUNTY SCHOOL DISTRICTS.
The following Bill was taken up.
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 Education Committee proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\436\11667.DW), which was adopted.
Amend the bill, as and if amended, page 1, Section 59-26-20(1), line 34, by inserting after /and/ /after 1992/ so that when amended Section 59-26-20(1) shall read:
/(1) For special education in the area of vision, adopt program approval standards and amend the approved program of specific course requirements for adding certification so that students receive appropriate training in the braille system and after 1992 demonstrate competence in braille consistent with standards adopted by the National Library Service for the Blind and Physically Handicapped./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Education Committee proposed the following Amendment No. 2 (Doc Name L:\Council\Legis\Amend\436\11668.DW), which was adopted.
Amend the bill, as and if amended, page 3, Section 59-34-40(6), line 28, by striking /:/; lines 29 through 32, by striking subitem (a); and line 33 by striking /(b)/ so that when amended Section 59-34-40(6) shall read:
/(6) if a decision has been made pursuant to the assessment that braille instruction or use is not required for the student then a specification of the evidence used to determine that the absence of braille instruction or use will not impair the student's ability to read and write effectively./
Amend title to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
The Education Committee proposed the following Amendment No. 3 (Doc Name L:\Council\Legis\Amend\436\11669.DW), which was adopted.
Amend the bill, as and if amended, page 3, Section 59-34-50, line 38, by striking /As/ and inserting /After 1992,/ so that when amended Section 59-34-50 shall read:
/Section 59-34-50. After 1992, as part of the certification process, teachers certified in the education of blind and visually impaired students must be required to demonstrate competence in reading and writing braille. The State Board of Education, through the State Department of Education, and the Commission on Higher Education shall adopt procedures to assess braille competency which are consistent with standards adopted by the National Library Service for the Blind and Physically Handicapped./
Amend title to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\18597.SD), which was rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-34-10. This chapter may be cited as the Blind Students' Literacy Rights and Education Act.
Section 59-34-20. As used in this chapter:
(1) 'Blind student' means an individual who is eligible for special education services and who:
(a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
(b) has a medically indicated expectation of visual deterioration.
(2) 'Braille' means the system of reading and writing through touch commonly known as standard English Braille.
(3) 'Individualized education program' means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C. Section 1401(a).
Section 59-34-30. Each blind student must be given an individualized written education program. The State Department of Education shall devise appropriate measures to insure that each blind student's individualized education program has considered instruction in braille for that student. In developing a student's individualized education program, consideration must be given to the desires of the student, his parents or legal guardian, and his teachers.
Section 59-34-40. The State Department of Education shall adopt standards to insure that teachers of blind and visually impaired students are proficient in reading and writing braille as part of the certification process."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WILDER spoke against the amendment.
The amendment was then rejected by a division vote of 27 to 32.
Rep. TOWNSEND proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\18655.SD), which was rejected.
Amend the bill, as and if amended, by striking Section 1 in its entirety.
Amend the bill further, as and if amended, in Section 59-34-30 by striking /braille/ on line 32 of page 2, and by striking the second sentence of Section 59-34-30 and inserting:
/Each student must be given an assessment which must include an inventory of reading and writing modes to determine the appropriate medium for the child./
Amend the bill further, as and if amended, in Section 59-34-40 by striking item (6) in its entirety.
Amend the bill further, as and if amended, by striking Section 59-34-50 and inserting:
/Section 59-34-50. As part of the recertification process, any teacher currently certified to teach the visually handicapped is required to obtain three hours in braille instruction prior to recertification if they have not previously completed such instruction./
Renumber sections and items to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WRIGHT spoke against the amendment.
The amendment was then rejected by a division vote of 25 to 58.
Rep. FOSTER moved to adjourn debate upon the Bill until Tuesday, June 4.
Rep. CHAMBLEE moved to table the motion, which was agreed to by a division vote of 66 to 13.
Rep. TOWNSEND proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\11786.SD), which was rejected.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-34-10. In the development of the individualized education program for a student who is functionally blind there is a presumption that proficiency in Braille reading and writing is essential for the student's satisfactory education progress. Each student who is functionally blind is entitled to Braille reading and writing instruction that is sufficient to enable the student to communicate with the same level of proficiency as students of comparable ability who are at the same grade level. Braille instruction may be used in combination with other special education services appropriate to the student's educational needs. The assessment of each student who is functionally blind for the purpose of developing the student's individualized education program must include documentation of the student's strengths and weaknesses in Braille skills. All members of the IEP team shall be provided with pertinent data and literature describing the benefits of Braille instruction. The individualized education program for each student who is functionally blind shall:
(1) specify the appropriate learning medium/media on the assessment report; and
(2) ensure that instruction in Braille will be provided by a teacher certified to teach students with visual handicaps.
For purposes of this section, the Department of Education shall determine the criteria for a student to be classified as functionally blind.
Section 59-34-20. As a condition of certification to teach students with visual handicaps, the State Board of Education by regulation shall require satisfactory performance on an examination prescribed by the board that is designed to assess competency in Braille reading and writing skills according to standards adopted by the board.
Section 59-34-30. The Department of Education shall require a publisher of a textbook adopted by the State Board of Education either to furnish the agency with a Braille master or form of electronic data from which Braille versions of the textbook can be produced or to assume the responsibility for providing Braille versions of the textbook to the department. Braille editions must be available at the same time as print editions."/
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WILDER spoke against the amendment.
The amendment was then rejected.
Reps. TOWNSEND, KIRSH, COOPER, WOFFORD and SHIRLEY objected to the Bill.
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.
Rep. McLEOD proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\1732.AC), which was tabled.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 38-72-60 of the 1976 Code, as last amended by Act 409 of 1990, is further amended by adding:
"(K) All long term care insurance policies must provide 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 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 have been 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.
(L) Notwithstanding subsection (K), insurers issuing long term care insurance policies may offer a home health care benefit that provides 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 by rider to the policy or included as part of the policy."/
Amend further by striking Section 2 and inserting:
/SECTION 2. Section 38-72-60(K), as added by Section 1 of this act, applies to insurance policies issued on or after the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. CORNING spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 45 to 8.
Rep. McLEOD proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BR1\1733.AC), which was tabled.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 38-72-60 of the 1976 Code, as last amended by Act 409 of 1990, is further amended by adding:
"(K) All long term care insurance policies must provide 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 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 have been 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.
This home or community care coverage may be included in all long term care insurance policies but must be included in policies offered to applicants under sixty years of age. As of January 1, 2002, it must be included in policies offered to applicants under seventy years of age and as of January 1, 2012, it must be included in policies offered to applicants under the age of eighty. As of January 1, 2022, it must be offered to all applicants.
(L) Notwithstanding subsection (K), insurers issuing long term care insurance policies may offer a home health care benefit that provides 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 by rider to the policy or included as part of the policy."/
Amend further by striking Section 2 and inserting:
/SECTION 2. Section 38-72-60(K), as added by Section 1 of this act, applies to insurance policies issued on or after the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. CORNING spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 59 to 4.
Rep. McLEOD proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\1734.AC), which was tabled.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 38-72-60 of the 1976 Code, as last amended by Act 409 of 1990, is further amended by adding:
"(K) All long term care insurance policies must provide 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 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 have been 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.
This home or community care coverage may be included in all long term care insurance policies but must be included in policies offered to applicants under seventy years of age. As of January 1, 2002, it must be included in policies offered to applicants under eighty years of age and as of January 1, 2012, it must be included in policies offered to all applicants.
(L) Notwithstanding subsection (K), insurers issuing long term care insurance policies may offer a home health care benefit that provides 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 by rider to the policy or included as part of the policy."/
Amend further by striking Section 2 and inserting:
/SECTION 2. Section 38-72-60(K), as added by Section 1 of this act, applies to insurance policies issued on or after the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. CORNING moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 47 to 4.
The Bill was read the second time and ordered to third reading.
I abstain from voting on H. 3539. It is a conflict of interest.
Rep. MIKE FAIR
The following Bill was taken up.
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.
Rep. GENTRY moved to table the Bill, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. SHARPE moved that the House recur to the morning hour.
Rep. T.C. ALEXANDER moved to table the motion to recur.
Rep. BAKER moved that the House do now adjourn.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Burriss
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baxley Beasley Bennett Brown, G. Brown, H. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keyserling Kinon Kirsh Klapman Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McElveen McLeod McTeer Meacham Neilson Phillips Quinn Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Tucker Vaughn Waites Waldrop White Wilder Wilkins Williams, J. Young, A.
So, the House refused to adjourn.
Rep. J. BAILEY moved that the House recede until 2:30 P.M., which was rejected.
Rep. McCAIN moved to waive Rule 6.1, which was agreed to.
The question then recurred to the motion to table the motion to recur to the morning hour, which was agreed to.
Reps. G. BAILEY, A. YOUNG and HALLMAN withdrew their objections to the following Bill.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Reps. HUFF and TOWNSEND withdrew their objections to the following Bill.
S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.
Rep. WOFFORD withdrew her objection to the following Bill.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Rep. WILDER, with unanimous consent, made a statement relative to two Barnwell County Schools, Guinyard-Butler Middle and Barnwell High, national final winners of the Odyssey of the Mind Competition.
The Senate amendments to the following Bill were taken up for consideration.
H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
The Senate amendments were agreed to, and the Bill, having received three reading 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.
H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.
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.
H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. McABEE moved that when the House adjourns it adjourn in memory of the Honorable Hugh Cook Brown, former member of the House, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.
Rep. KIRSH 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 Senate amendments to the following Bill were taken up for consideration.
H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN THE SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.
Rep. BURCH 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.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. T.C. ALEXANDER moved to table the motion, which was agreed to.
The following Bill was taken up.
S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
The Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Please let the record show that I voted against S. 707.
Rep. KATHLEEN G. KEMPE
Rep. DON BEATTY
Rep. WOFFORD moved that the House recur to the morning hour, which was agreed to by a division vote of 47 to 28.
The following was introduced:
H. 4032 -- Reps. Baxley and Beasley: A CONCURRENT RESOLUTION TO RECOGNIZE HARTSVILLE AS IT CELEBRATES THE ONE HUNDREDTH ANNIVERSARY OF THE DATE ITS ORIGINAL CHARTER WAS APPROVED BY THE GENERAL ASSEMBLY DECEMBER 11, 1891.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.
Debate was resumed on Amendment No. 4, which was proposed on Thursday, May 23, by Rep. CROMER.
Rep. CROMER explained the amendment.
Rep. G. BAILEY moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baker Beasley Bennett Bruce Burch Burriss Cato Chamblee Cole Elliott, D. Elliott, L. Fair Farr Gentry Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Houck Huff Jaskwhich Jennings Keegan Keesley Koon Littlejohn Marchbanks Martin, L. Martin, M. Mattos McGinnis McLeod McTeer Rhoad Sharpe Sheheen Shirley Short Smith Snow Stoddard Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Baxley Beatty Brown, G. Brown, H. Brown, J. Clyborne Cork Corning Cromer Foster Glover Gonzales Hayes Holt Inabinett Kempe Keyserling Kirsh Klapman Martin, D. McCain McCraw Meacham Neilson Rama Rogers Ross Rudnick Scott Waites Whipper White Young, R.
So, the amendment was tabled.
Reps. McLEOD, G. BAILEY and T.C. ALEXANDER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5765.HC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-59-15 of the 1976 Code, as added by Act 595 of 1990, is amended to read:
"Section 40-59-15. A residential specialty contractor is an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do any construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11 of this title.
Residential specialty contractors include is limited to:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) pest controllers;
(h)(g) floor covering installers;
(i)(h) masons;
(j)(i) dry wall installers;
(k)(j) carpenters;
(l)(k) wallpaperers;
(m)(l) painters."
SECTION 2. Section 40-59-77(B) of the 1976 Code, as added by Act 595 of 1990, is amended to read:
"(B) Residential specialty contractors must be qualified and experienced in the particular branches or fields of the contracting vocation in which they intend to, and do, engage. A certified residential specialty contractor may make application for classification and be classified in more than one classification if he meets the qualifications prescribed by the commission for the additional classification. The commission shall set a fee for application and a certification fee for each classification. Only one application fee is required no matter how many specialty classifications a residential specialty contractor applies for. The certification fee set by the commission may only cover only the cost of testing for the specialty certification. In lieu of examination for certification in the specialty classifications of plumber, electrician, and heating and air conditioning installers and repairers, the commission shall accept satisfactory evidence of certification as journeyman plumber; master plumber; journeyman electrician; master electrician; journeyman heating and air conditioning; and master heating and air conditioning by the Municipal Association of South Carolina and shall waive the certification fee.
Residential specialty contractors certified by the commission are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. Any county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KEYSERLING moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4024 -- Rep. McGinnis: A CONCURRENT RESOLUTION TO CONGRATULATE THE COACHES AND TEAM MEMBERS OF JAMES F. BYRNES HIGH SCHOOL LADY REBELS SOFTBALL TEAM ON WINNING THE STATE AAA SOFTBALL CHAMPIONSHIP.
H. 4028 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE THE MID-CAROLINA HIGH SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1991 STATE CLASS AA BASEBALL CHAMPIONSHIP.
H. 4032 -- Reps. Baxley and Beasley: A CONCURRENT RESOLUTION TO RECOGNIZE HARTSVILLE AS IT CELEBRATES THE ONE HUNDREDTH ANNIVERSARY OF THE DATE ITS ORIGINAL CHARTER WAS APPROVED BY THE GENERAL ASSEMBLY DECEMBER 11, 1891.
At 1:20 P.M. the House in accordance with the motion of Rep. McABEE adjourned in memory of the Honorable Hugh Cook Brown, to meet at 10:00 A.M. tomorrow.
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