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:
Father God, come with Your help to these people who are so busy. They are pressed for time; they have so much on their minds. At this time in the session, citizens speak so much about what wasn't done; very little about all that was completed. We hear volumes about matters unfinished; thimblefuls about what was accomplished. Give us the satisfaction in knowing that it is better to get the viewpoints of many liberals and conservatives, urban and rural, old and young, management and labor, for therein we give true democracy a chance to work.
So give us strength and wisdom to do our work well. 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 Senate returned to the House with amendments the following:
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 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. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.
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 returned to the House with amendments the following:
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.
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. J. BROWN moved that when the House adjourns it adjourn in memory of Mr. Joseph Vaughn, which was agreed to.
The following was introduced:
H. 4047 -- Reps. Rudnick, McGinnis, Harrison, Ross, Rhoad, Littlejohn, Quinn, Wells, Smith, Whipper and Inabinett: A HOUSE RESOLUTION COMMENDING AND THANKING THE STAFF OF WORD PROCESSING OF THE HOUSE OF REPRESENTATIVES FOR THEIR EXCELLENT WORK DURING THE 1991 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4048 -- Reps. Rudnick, McGinnis, Littlejohn, Harrison, Quinn, Wells, Smith, Whipper, Rhoad, Inabinett and Ross: A HOUSE RESOLUTION COMMENDING AND THANKING THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE DESK STAFF FOR THEIR EXCELLENT WORK AND LOYALTY DURING THE 1991 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4049 -- Reps. Rudnick, McGinnis, Harrison, Quinn, Ross, Rhoad, Littlejohn, Inabinett, Wells, Smith and Whipper: A HOUSE RESOLUTION COMMENDING AND THANKING THE EMPLOYEES OF THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING THE 1991 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4050 -- Reps. Rudnick, McGinnis, Harrison, Ross, Rhoad, Littlejohn, Quinn, Wells, Smith, Whipper and Inabinett: A HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR THEIR DEDICATED HARD WORK DURING THE 1991 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4051 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO THANK AND RECOGNIZE ANDERSON CITY MANAGER, DR. RICHARD WOODRUFF, FOR HIS TWELVE YEARS OF SERVICE TO THAT CITY AND TO WISH HIM WELL AS HE BEGINS WORK AS THE CITY MANAGER OF NAPLES, FLORIDA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4052 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. MCLESTER MCDOWELL OF ANDERSON UPON HIS RETIREMENT FROM THE SOUTH CAROLINA STATE EMPLOYMENT SERVICE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4053 -- Reps. Rudnick, McGinnis, Quinn, Ross, Rhoad, Littlejohn, Harrison, Wells, Smith, Whipper and Inabinett: A HOUSE RESOLUTION COMMENDING AND THANKING THE ACCOUNTING STAFF OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING WORK THEY RENDERED DURING THE 1991 SESSION.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1020 -- Senators Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND BLUFF ROAD IN RICHLAND COUNTY THE "ISADORE E. LOURIE INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1021 -- Senator Courson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PASS HOUSE BILLS 303 AND 304 AND SENATE BILL 190 SO THAT MILITARY RETIREES WHO ARE VA RATED SERVICE CONNECTED DISABLED CAN RECEIVE THE RETIREMENT PAY THEY HAVE EARNED AS WELL AS THE VETERANS' ADMINISTERED BENEFITS INCLUDING DEPENDENTS' ALLOWANCE, AID, AND ASSISTANCE, WITH NO OFFSET IN THEIR MILITARY RETIREMENT PAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1035 -- Senator Pope: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF JUDGE WALTER THOMAS LAKE OF NEWBERRY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1039 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GRATITUDE OF THE GENERAL ASSEMBLY TO DOCTOR AGNES HILDEBRAND WILSON-BURGESS FOR HER DEDICATION TO THE STATE OF SOUTH CAROLINA FOR HER FOURTEEN YEARS OF SERVICE ON THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES BOARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1040 -- Senator Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4054 -- Rep. G. Bailey: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON SATURDAY AND SUNDAY, JANUARY 25 AND 26, 1992.
Be it resolved by the House of Representatives:
That the South Carolina Jaycees are authorized to use the Hall of the House of Representatives on Saturday and Sunday, January 25 and 26, 1992, if the House is not in statewide session on those days, for the purpose of involving the Jaycees in the legislative process and for the purpose of conducting a model legislature.
Rep. G. BAILEY explained the Resolution.
Rep. KEESLEY spoke in favor of the Resolution.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Foster Fulmer Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, June 6.
Larry Gentry David Beasley Lenoir Sturkie Mike Jaskwhich John G. Felder Dell Baker Dewitt Williams Alex Harvin, III Juanita M. White
LEAVE OF ABSENCE
The SPEAKER granted Rep. WHITE a temporary leave of absence.
Debate was resumed on the following Concurrent Resolution, the pending question being the consideration of the Resolution.
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
(10) Resolutions authorizing a different date or time, or both, for Sine Die adjournment in accordance with the provisions of Section 2-1-180 of the 1976 Code.
Be it further resolved that when the respective Houses of the General Assembly adjourn on Friday, June 28, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or the President Pro Tempore for the South Carolina Senate only for the consideration of business as enumerated in items (1), (2), (7), and (8) above, and in order to deal with any deficits for fiscal year 1990-91. The General Assembly shall adjourn Sine Die no later than 5:00 p.m. on Sunday, September 1, 1991. Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS proposed the following Amendment No. 2, which was tabled.
Amend the resolution by striking all after the enacting words and adding:
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local bill relating to Greenville County); and
Be it further resolved that when the respective Houses of the General Assembly adjourn on Friday, June 28, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or the President Pro Tempore for the South Carolina Senate only for the consideration of business as enumerated in item (1) above, and in order to deal with any deficits for fiscal year 1990-91. The General Assembly shall adjourn Sine Die no later than 5:00 p.m. on Tuesday, September 1, 1991. Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, D. Elliott, L. Farr Foster Gentry Glover Gregory Harris, J. Harris, P. Harwell Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Brown, H. Burriss Cato Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Vaughn Wells Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. HASKINS proposed the following Amendment No. 3, which was adopted.
Amend the resolution by striking all after the enacting words and adding:
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local bill relating to Greenville County) and H. 3408.
When both Houses adjourn on June 28, 1991, it shall be not later than 5:00 P.M.
Be it further resolved that the respective Houses shall reconvene July 8 through 12 for the purpose of considering Gubernatorial vetoes. In the event of any veto of a Bill relating to Redistricting or Reapportionment, and if said veto is sustained then the respective Houses may meet, subject to the call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate for a period of two weeks, commencing not later than August 1, 1991 for the purpose of redrafting a reapportionment plan and resubmitting to the Governor.
Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS explained the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. WHIPPER spoke upon the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the Resolution, as amended.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Burch Burriss 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. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Resolution was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.
Reps. FAIR and WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9525.SD), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) A corporation which acquires eight or more existing textile manufacturing facilities in South Carolina which employed at the time of acquisition a total of three thousand, five hundred or more employees located in a county of this State may receive the five-year abatement pursuant to Section 12-37-220A.(7) of the 1976 Code from the time of acquisition. For purposes of this item acquisition means asset transactions which are arms-length and include new capital.
(B) The five-year abatement pursuant to Section 2 of this act applies to tax years 1991, 1992, and 1993. However, an acquiring corporation to which the abatement applies must not be assessed taxes on personal property at a level greater than eighty percent of the assessment which otherwise would have been due for tax years 1989 and 1990.
(C) Upon approval by the Governor this section is effective with respect to acquisitions after April 30, 1988./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. KIRSH spoke against the amendment.
Reps. WILKINS and BAKER spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 17 to 67.
The question then recurred to the adoption of the amendment, which was agreed to.
I voted "no" on a voice vote on this amendment. I do not believe we should be selectively granting tax exempt status to special interests while other people will have to bear the brunt of that special treatment.
Rep. J.L. MANN CROMER, JR.
I voted against the amendment to grant a special tax exemption to an industry when other industries and the local government will have to pay the difference.
Rep. CANDY WAITES
Reps. BARBER, RAMA and R. YOUNG proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11815.DW), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Section 4-10-50 of the 1976 Code is amended to read:
"Section 4-10-50. (A) The revenue generated in a county area and set aside and allocated to the County/Municipal Revenue Fund must be distributed to the county and the municipalities in the county area as follows:
(1) fifty percent based upon the location of the sale;
(2) fifty percent based on population.
(B) The population of the county is the population of the county area, and the population of the municipalities is the population within the corporate boundaries of the municipalities in the county area.
(C) If a special purpose or public service district levies millage in a county area for any service described in Section 6-11-10, a portion of the revenue distributed to the county from the Property Tax Credit Fund must be distributed to the district and used to roll back the district's millage in the manner provided in subsections (B) and (C), mutatis mutandis. The special purpose districts in a county area are to collectively receive a percentage equal to the aggregate of the budgets of all of the county's special purpose districts in relation to the total budget of the county area. Each special purpose district in a county area, then, is to receive a portion of the above percentage equal to the individual special purpose district's budget in relation to the total budget of all the special purpose districts in the county area."/
Renumber sections to conform.
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. J. BAILEY raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER stated that the original Bill dealt with Section 4-10-90 which was municipalities and distribution of revenues and the Senate added a section dealing with Section 4-10-50 which was distribution of revenues to counties and municipalities and he overruled the Point of Order.
Rep. J. BAILEY spoke against the amendment.
Reps. HOLT and GONZALES spoke in favor of the amendment.
Rep. J. BAILEY moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Baxley Beasley Beatty Brown, J. Burriss Carnell Chamblee Clyborne Cole Cooper Cork Corning Cromer Elliott, L. Fair Felder Gentry Glover Gregory Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Houck Huff Jaskwhich Jennings Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McAbee McCain McCraw McElveen McKay McTeer Meacham Nettles Phillips Quinn Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Sturkie Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkins Williams, D. Wright Young, A.
Those who voted in the negative are:
Barber Brown, H. Cato Corbett Fulmer Gonzales Hallman Holt Inabinett Keesley Martin, D. McGinnis Rama Wofford Young, R.
So, the amendment was tabled.
Reps. BARBER, RAMA and R. YOUNG proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11816.DW), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Section 4-10-20 of the 1976 Code is amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. If a county approves the imposition of the local sales and use tax, the tax must be levied only upon sales made within the boundaries of the county. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-519 and Article 11 of Chapter 35 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. Taxpayers required to remit taxes under Section 12-35-810 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."/
Renumber sections to conform.
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 72 to 7.
Rep. BARBER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\11817.DW), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Section 4-10-20 of the 1976 Code is amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12 Section 12-36-2110 are exempt from the local sales and use tax. Food items which may be purchased lawfully with United States Department of Agriculture food stamps are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810 12-36-1310. Taxpayers required to remit taxes under Section 12-35-810 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12 Section 12-36-920, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."/
Renumber sections to conform.
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. ROGERS moved to table the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
On motion of Rep. WILKINS the House non-concurred in the Senate amendment to the following Bill and a message was ordered sent to the Senate accordingly.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Rep. WALDROP moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Burriss Carnell Cato Chamblee Cork Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Gregory Hallman Harris, P. Harrison Harwell Haskins Hayes Hendricks Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keyserling Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Wells Whipper White Wilder Williams, D. Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Beatty Cooper Harris, J.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WALDROP, A. YOUNG and VAUGHN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 44-7-315 of the 1976 Code, as added by Act 376 of 1990, is amended to read:
"Section 44-7-315. Information received by the Office Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department must may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/J. Verne Smith /s/Dave C. Waldrop, Jr. Hugh K. Leatherman /s/Annette Young /s/Michael T. Rose /s/Lewis R. Vaughn On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4038 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-ERHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE AN INCREASE IN THE NUMBER OF TRUSTEES FOR EACH DISTRICT; TO PROVIDE FOR THEIR ELECTION BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1013 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.
S. 987 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 18, 1991, MISSED BY A. L. CORBETT MIDDLE SCHOOL STUDENTS IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A SAFETY PROBLEM IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
S. 831 -- Senator Pope: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1014 -- Senators Passailaigue, Fielding, McConnell, Washington and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-135 SO AS TO ESTABLISH A NO WAKE ZONE ON THE ASHLEY RIVER WITHIN ONE HUNDRED YARDS OF THE DOLPHIN COVE MARINA IN CHARLESTON COUNTY.
S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.
S. 410 -- Senator Saleeby: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1010 -- Senator McGill: A BILL TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET.
S. 1026 -- Senator Holland: A BILL TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.
S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson and Hayes: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
The following Bill was taken up.
H. 4042 -- Rep. Holt: A BILL TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND TO PROVIDE THAT CURRENT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AS PROVIDED IN THIS ACT.
Reps. GONZALES and HOLT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18677.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. The members of the St. Paul's Fire Commission serving in office on the effective date of this act shall continue to serve until their successors appointed in 1991 in the manner provided by Act 440 of 1949, as amended by this act, shall take office. Seven new members of the commission must be appointed in 1991, three must be appointed for initial two-year terms to expire on June 30, 1993, and four must be appointed for initial four-year terms to expire on June 30, 1995, the initial terms of each member to be designated by the appointing authority when making the appointments, and thereafter their successors must all be appointed for four-year terms. Nothing herein prevents a current member of the commission from being reappointed to the commission in 1991 and thereafter./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 4042 be read the third time the next legislative day.
The following Bill was taken up.
S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.
Rep. SCOTT, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\1764.AL), which was adopted.
Amend Section 59-63-32, as contained in SECTION 2, by inserting at the end of subsection (E) after the period /Repayment does not include funds paid by the State./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Bill was taken up.
S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.
Rep. KIRSH moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
S. 313 -- Senators Setzler and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-350 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO SUBMIT AN ANNUAL REPORT OF EDUCATIONAL ACHIEVEMENTS OF THE STATE'S PUBLIC, POST-SECONDARY INSTITUTIONS TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE SPECIFIC INFORMATION TO BE INCLUDED IN THE REPORT.
Rep. ROSS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9526.AL), which was adopted.
Amend the bill, as and if amended, Section 59-101-350, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) The report required by this section must be filed in magnetic media form if the information is available in that form./
Amend title to conform.
Rep. ROSS 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. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9506.BD), which was rejected.
Amend the bill, as and if amended, by striking Section 47-3-760(D)(1), SECTION 1, p. 4, beginning on line 1, and inserting
/(1) a surety bond acceptable to the governing body of fifty thousand dollars payable to a person injured by the dangerous animal;/
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then rejected by a division vote of 34 to 40.
Rep. STODDARD objected to the Bill.
Rep. WALDROP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. McGINNIS moved that the House recede until 1:30 P.M., which was adopted.
At 1:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day.
On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 4055 -- Reps. G. Brown and Felder: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOL STUDENT ASSOCIATION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, SEPTEMBER 24, 1991, FOR ITS ANNUAL CONVENTION.
Be it resolved by the House of Representatives:
That the South Carolina Independent School Student Association is authorized to use the chamber of the House of Representatives of the State House on Tuesday, September 24, 1991, for its annual convention.
Be it further resolved that the State House security forces provide assistance and access as necessary for the convention in accordance with previous procedures.
Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Tuesday, September 24, 1991.
The Resolution was adopted.
Rep. RHOAD asked unanimous consent to recall H. 4041 from the Committee on Ways and Means.
Rep. KIRSH objected.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 313 be read the third time the next legislative day.
Rep. SCOTT asked unanimous consent to recall H. 4039 from the Committee on Judiciary.
Rep. TUCKER objected.
The Senate returned to the House with amendments the following:
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.
Rep. McTEER 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 motion period was dispensed with on motion of Rep. KIRSH.
The following was received.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3650:
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 083
Received as information.
The following was received.
Columbia, S.C., June 6, 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. 3272:
H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 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. 703:
S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 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. 617:
S. 617 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE RECORDS, SO AS TO PERMIT, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY AND THE COUNTY VETERANS' AFFAIRS OFFICER, THE CLERK OF COURT TO TRANSFER ALL RESPONSIBILITIES TO THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE, RECORD, AND MAINTAIN DISCHARGE RECORDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The House stood at ease subject to the call of Chair.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. BOAN moved that the House recur to the morning hour, which was agreed to.
The following was received.
June 6, 1991
Mr. President and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Master-in-Equity, Beaufort County, with term to expire on June 30, 1997:
Initial Appointment Under Act 678 of 1988:
Mr. Thomas Kemmerlin, Jr., 1000 Ribaut Road, Beaufort, S.C. 29902
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 6, 1991
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Received as information.
On motion of Rep. McCAIN, the invitation was accepted.
The following was received.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 3768:
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.
Very respectfully,
President
On motion of Rep. WRIGHT, the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
Rep. CORNING raised the Point of Order that H. 3651 was out of order as it was not in compliance with Rule 9.1.
The SPEAKER sustained the Point of Order.
Rep. McABEE moved to waive Rule 9.1.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Bailey, J. Barber Baxley Beasley Boan Brown, G. Burch Burriss Carnell Chamblee Cooper Farr Foster Fulmer Gentry Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hodges Holt Huff Inabinett Jaskwhich Keegan Keesley Keyserling Koon Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Quinn Rama Rhoad Rogers Scott Sharpe Shirley Short Smith Snow Townsend Waldrop White Wilder Wilkins Williams, D. Williams, J. Wright
Those who voted in the negative are:
Cato Clyborne Corbett Corning Cromer Elliott, L. Kirsh McCain Ross Sheheen Vaughn Waites Wofford
So, Rule 9.1 was waived.
Rep. CARNELL explained the Senate amendment.
Rep. CARNELL continued speaking.
Rep. McABEE explained the Senate amendment.
Rep. CARNELL explained the Senate amendment.
Rep. CARNELL continued speaking.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Senate amendments, Rep. CARNELL having the floor.
At 3:00 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R199) S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: AN ACT 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, AND TO LIMIT SPECIALTY CONTRACTORS TO THE ENUMERATED ITEMS; AND TO AMEND SECTION 40-59-77, RELATING TO CERTIFICATION OF SPECIALTY CONTRACTORS, SO AS TO PROVIDE THAT IN LIEU OF A CERTIFICATION EXAMINATION AND FEE THE RESIDENTIAL BUILDERS COMMISSION SHALL ACCEPT SATISFACTORY EVIDENCE OF CERTIFICATION BY THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA OF A JOURNEYMAN OR MASTER PLUMBER, ELECTRICIAN, OR HEATING AND AIR CONDITIONING SPECIALIST.
(R200) S. 935 -- Banking and Insurance Committee: AN ACT 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; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.
(R201) S. 693 -- Senator Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 13 TO TITLE 37 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE, TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS, AND PROVIDE A PENALTY FOR VIOLATION OF THE CHAPTER OR REGULATIONS PROMULGATED PURSUANT TO IT.
(R202) 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 INCLUDE JURISDICTION OVER THE WATERS OF A SOUND OR AN INLET AND PROVIDE THAT IF AN EXTENSION OVERLAPS WITH THE JURISDICTION OF ANOTHER POLITICAL SUBDIVISION THE JURISDICTION OF EACH EXTENDS TO THE EQUIDISTANT POINT FROM THE HIGH-WATER MARK OF EACH STRAND.
(R203) S. 791 -- Senator Drummond: AN ACT TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND SECTION 24-21-930, RELATING TO PARDON ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
(R204) S. 703 -- Senators Lourie, Matthews and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, AND REZONING.
(R205) S. 62 -- Senator Rose: AN ACT TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
(R206) S. 617 -- Senators Helmly and Moore: AN ACT TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE AND OBTAINING CERTIFIED COPY OF REGISTERED DISCHARGE, SO AS TO CHANGE THE PROVISIONS REGARDING FEES, PERMIT THE REGISTER OF MESNE CONVEYANCES TO DESIGNATE THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE APPLICATIONS FOR CERTIFIED COPIES AND FURNISH THE COPIES AS PROVIDED BY THIS SECTION, AUTHORIZE THE CLERK OF COURT AND THE COUNTY VETERANS' AFFAIRS OFFICER TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH CERTAIN RESPONSIBILITIES OF THE CLERK OF COURT MAY BE DEVOLVED TO THE COUNTY VETERANS' AFFAIRS OFFICER, AND PROVIDE THAT, UPON TRANSFER OF THE RECORDS, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE COPIES AS REQUESTED.
(R207) S. 1009 -- Senators Williams and Matthews: AN ACT 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.
(R208) H. 3026 -- Rep. Gentry: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 AND 50-21-114, SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; AND TO ADD THE CRIME PROVIDED IN SECTION 50-21-112(A) TO THE LIST OF CRIMES CLASSIFIED AS FELONIES IN SECTION 16-1-10.
(R209) H. 3071 -- Reps. Whipper, Waites, Corning and Manly: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
(R210) H. 3419 -- Reps. Huff and Hodges: AN ACT TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT AND PROVIDE WHEN GENETIC TESTING IS DONE WHEN THESE CASES ARE NOT ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT.
(R211) H. 3320 -- Reps. Boan and McElveen: AN ACT TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED OR QUALIFIED TO SELL PROPERTY AND CASUALTY INSURANCE OR LIFE, ACCIDENT AND HEALTH INSURANCE, OR BOTH, TO PROVIDE EXCEPTIONS, TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO ADMINISTER THESE REQUIREMENTS AND TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS, TO PROVIDE FOR THE APPOINTMENT OF AN ADVISORY COMMITTEE BY THE COMMISSIONER TO MAKE RECOMMENDATIONS WITH RESPECT TO APPROVED COURSES OF INSTRUCTION, AND TO PROVIDE FOR THE EFFECTIVE DATE OF THESE PROVISIONS.
(R212) H. 3722 -- Rep. Burriss: AN ACT TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES AND TO REQUIRE CERTAIN STATEMENTS WITH REGARD TO CONSUMER CREDIT INSURANCE; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES AND TO REQUIRE CERTAIN STATEMENTS WITH REGARD TO CONSUMER CREDIT INSURANCE; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO THE FILING AND APPROVAL OF CREDITOR RATES AND CHARGES, AND TO AMEND SECTION 34-29-160, RELATING TO BORROWER INSURANCE UNDER THE CONSUMER FINANCE LAW, SO AS TO REVISE AND DECREASE CERTAIN CREDIT LIFE INSURANCE PREMIUMS; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
(R213) H. 3514 -- Reps. Kirsh, Meacham, Foster and Hayes: AN ACT TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO REVISE THE AREA OF ONE OF THE SANCTUARIES IN YORK COUNTY.
(R214) H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: AN ACT TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.
(R215) H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: AN ACT TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.
(R216) H. 3319 -- Reps. Boan and McElveen: AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR CERTAIN PERSONS FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES PROVIDED UNDER THE HEALTH INSURANCE POOL AND TO PROVIDE THAT THE POOL IS NOT RELIEVED OF ITS LIABILITY.
(R217) H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: AN ACT TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE CEDED TO THE REINSURANCE FACILITY; AND TO AMEND SECTION 56-10-280 RELATING TO INSURANCE TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS OF MOTOR VEHICLES SO AS TO PROVIDE ADDITIONAL BASIS TO CANCEL POLICY.
(R218) H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: AN ACT TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.
(R219) H. 3465 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-660, 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; AND TO AMEND SECTION 56-3-376, RELATING TO THE ESTABLISHMENT OF A SYSTEM TO REGISTER MOTOR VEHICLES, SO AS TO CHANGE THE DATES OF REGISTRATION FOR A SEMIANNUAL PERIOD.
(R220) H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: AN ACT TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-65 SO AS TO ALLOW A DECLARANT TO SUPPLEMENT A DECLARATION WITH A DOCUMENT PROVIDING INSTRUCTIONS FOR ARTIFICIAL NUTRITION AND HYDRATION AND 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 TO ADD THE DEFINITION OF "PERMANENT UNCONSCIOUSNESS"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY BE WITHHELD PURSUANT TO A DECLARATION WHEN A PERSON HAS BEEN IN A STATE OF PERMANENT UNCONSCIOUSNESS FOR AT LEAST NINETY DAYS OR AT ANY TIME IF OTHER CRITERIA IS MET AND TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED AFTER A TERMINAL DIAGNOSIS 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 AND TO CLARIFY EXECUTION PROCEDURES; 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 NUTRITION AND HYDRATION WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION; SECTION 44-77-90, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY SO AS TO INCLUDE IMMUNITY TO ONE WHO IN GOOD FAITH RELIES ON A CERTIFICATION OF PERMANENT UNCONSCIOUSNESS AND TO EXTEND IMMUNITY TO A PHYSICIAN WHO IN GOOD FAITH AND WITHIN STANDARDS OF REASONABLE MEDICAL CARE CERTIFIES A TERMINAL CONDITION OR PERMANENT UNCONSCIOUSNESS; SECTION 44-77-100, AS AMENDED, RELATING TO CIRCUMSTANCES IN WHICH PHYSICIAN'S FAILURE TO EFFECT THE DECLARATION CONSTITUTES UNPROFESSIONAL CONDUCT SO AS TO PROVIDE THAT WHEN AN EMPLOYEE OF A HEALTH CARE FACILITY STATES THEY DO NOT WISH TO PARTICIPATE IN THE WITHHOLDING OF LIFE-SUSTAINING PROCEDURES, THE PHYSICIAN MUST MAKE REASONABLE EFFORTS TO EFFECTUATE THE DECLARATION WITHOUT THE EMPLOYEE; AND SECTION 44-77-140, AS AMENDED, RELATING TO ABSENCE OF DECLARATION NOT GIVING RISE TO PRESUMPTION SO AS TO PROVIDE THAT THIS CHAPTER APPLIES ONLY TO PERSONS WHO HAVE EXECUTED A DECLARATION IN ACCORDANCE WITH THIS CHAPTER.
(R221) H. 3714 -- Rep. Hodges: AN ACT TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE IV-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.
(R222) H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: AN ACT TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED AND REQUIREMENTS FOR THEIR OPERATORS AND CAREGIVERS.
(R223) H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: AN ACT TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A SURETY BOND, INSURANCE POLICY, OR OTHER SURETY ACCEPTABLE TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO RECEIVE AND RETAIN LICENSURE AND REQUIRE CHANGES IN COVERAGE TO BE REPORTED TO THE DIVISION WITHIN THIRTY DAYS; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND, POLICY, OR OTHER SURETY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.
(R224) H. 3053 -- Rep. Mattos: AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.
(R225) H. 3797 -- Rep. Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-27-300 SO AS TO EXEMPT CREDIT UNIONS CHARTERED UNDER THE PROVISIONS OF SECTION 34-27-40 FROM BUSINESS LICENSE TAXES.
(R226) H. 3709 -- Rep. Altman: AN ACT 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-1275 SO AS TO PROVIDE CIRCUMSTANCES AND PROCEDURES FOR THE RELEASE OF MOTOR VEHICLE ACCIDENT REPORTS.
(R227) H. 3712 -- Rep. Huff: AN ACT 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.
(R228) H. 3748 -- Reps. Sharpe, Smith and Rudnick: AN ACT 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 OR WHOLESALE AND DELIVER; AND TO ADD SECTION 61-9-860 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A BEER WHOLESALER TO PURCHASE ADVERTISING FOR OR PARTICIPATE IN JOINT ADVERTISING WITH A RETAILER WITH EXCEPTIONS.
(R229) H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: AN ACT TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.
(R230) H. 4017 -- Rep. Keegan: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SEABANKS HOMEOWNERS ASSOCIATION, INC., IN HORRY COUNTY.
(R231) H. 3650 -- Ways and Means Committee:
At 3:15 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of the Senate amendments, Rep. CARNELL having the floor.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
Rep. BOAN moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Rep. BOAN moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Boan Brown, G. Burch Carnell Chamblee Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hayes Hendricks Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Townsend Tucker Waites Whipper Wilder Williams, D. Williams, J.
Those who voted in the negative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Huff Jaskwhich Keegan Kirsh Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Sturkie Vaughn Wofford Wright Young, A.
So, having received the necessary vote, immediate cloture was ordered.
Rep. HASKINS proposed the following Amendment No. 4, which was rejected.
Amend the senate amendments by striking all after the enacting words and adding:
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and H. 3408.
When both Houses adjourn on June 28, 1991, it shall be not later than 5:00 P.M.
Be it further resolved that the respective Houses shall reconvene July 8 through 12 for the purpose of considering Gubernatorial vetoes. In the event of any veto of a Bill relating to Redistricting or Reapportionment, and if said veto is sustained then the respective Houses may meet, subject to the Call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate for a period of two weeks, commencing not later than August 1, 1991 for the purpose of redrafting a reapportionment plan and resubmitting to the Governor.
Provided, that if any submitting authority is notified in writing on or before September 3, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Snow Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the amendment was rejected.
Rep. CORNING raised the Point of Order that H. 4044 was out of order as it was not in compliance with Rule 9.1.
The SPEAKER stated that Rule 9.1 dealt with bills and resolutions in accordance with the definition of a bill under Rule 10.3 and he overruled the Point of Order.
Rep. CLYBORNE moved that the House do now adjourn.
Rep. McCAIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Koon Littlejohn Marchbanks Martin, L. McCain McGinnis Quinn Rama Sharpe Sturkie Vaughn Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McTeer Meacham Nettles Phillips Rhoad Rogers Ross Rudnick Scott Shirley Smith Snow Stoddard Townsend Tucker Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J.
So, the House refused to adjourn.
Rep. CORNING moved that the House recede until 4:59 P.M.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Sturkie Vaughn Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J.
So, the House refused to recede.
Rep. BAKER moved to continue the Concurrent Resolution.
Rep. HOLT raised the Point of Order that the motion to continue was out of order as you cannot continue once cloture had been invoked.
The SPEAKER sustained the Point of Order.
Rep. GONZALES moved that the House recur to the morning hour.
Rep. CORBETT moved to table the motion.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Beasley Boan Brown, G. Brown, J. Burch Carnell Chamblee Cole Corbett Cromer Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Lanford Manly Martin, D. Martin, M. Mattos McAbee McCraw McKay Nettles Rhoad Rogers Ross Rudnick Scott Shirley Short Smith Snow Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
Those who voted in the negative are:
Baker Brown, H. Burriss Cato Clyborne Cooper Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Klapman Koon Littlejohn Marchbanks Martin, L. McCain Meacham Phillips Quinn Rama Sturkie Vaughn Wells Wofford Wright Young, A.
So, the motion to table was agreed to.
Rep. BAKER moved to recommit the Concurrent Resolution to the Rules Committee.
Rep. FARR moved to table the motion to recommit.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, L. Farr Felder Foster Gentry Gonzales Harris, J. Harris, P. Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Townsend Tucker Waldrop Whipper White Wilder Williams, D. Williams, J.
Those who voted in the negative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fulmer Hallman Harrison Haskins Hendricks Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sturkie Vaughn Wells Wofford Wright Young, A.
So, the motion to table was agreed to.
Rep. HASKINS proposed the following Amendment No. 5, which was rejected.
Amend the Senate Amendments by striking all after the enacting words and adding:
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and H. 3408.
When both Houses adjourn on June 28, 1991, it shall be not later than 5:00 P.M.
Be it further resolved that the respective Houses shall reconvene July 15 through 19 for the purpose of considering Gubernatorial vetos. In the event of any veto of a Bill relating to Redistricting or Reapportionment, and if said veto is sustained then the respective Houses may meet, subject to the Call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate for a period of two weeks, commencing not later than August 1, 1991 for the purpose of redrafting a reapportionment plan and resubmitting to the Governor.
Provided, that if any submitting authority is notified in writing on or before September 3, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS explained the amendment.
Rep. McCAIN spoke in favor of the amendment.
Rep. CORNING moved that the House do now adjourn.
Rep. HODGES raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Clyborne Cole Cooper Corbett Cork Corning Fulmer Gonzales Hallman Harrison Haskins Hendricks Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McCain Neilson Quinn Rama Sturkie Vaughn Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Brown, J. Burch Cato Chamblee Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hodges Holt Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McElveen McKay McTeer Meacham Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the House refused to adjourn.
Rep. CORNING moved that the House recede until 4:59 P.M.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Clyborne Cole Cooper Corbett Cork Corning Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Koon Lanford Marchbanks Martin, L. McCain Neilson Rama Sturkie Vaughn Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baxley Beasley Beatty Boan Brown, J. Burch Carnell Cato Chamblee Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McTeer Meacham Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Wells Whipper White Wilder Williams, D. Williams, J.
So, the House refused to recede.
Rep. WOFFORD moved to continue the Concurrent Resolution.
Rep. HODGES raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Klapman Koon Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Neilson Quinn Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Beatty Boan Brown, J. Burch Carnell Chamblee Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Lanford Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McTeer Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the amendment was rejected.
Rep. RAMA moved to reconsider the vote whereby Amendment No. 5 was rejected.
Rep. HASKINS moved to table the motion to reconsider.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Baxley Beasley Beatty Boan Brown, J. Burch Carnell Chamblee Cole Corning Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. McAbee McElveen McKay McTeer Nettles Phillips Quinn Rhoad Rogers Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder Wilkins Williams, D. Williams, J.
Those who voted in the negative are:
Baker Brown, H. Burriss Cato Clyborne Cooper Corbett Cork Fair Fulmer Gonzales Hallman Haskins Hendricks Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Neilson Rama Sturkie Vaughn Wells Wofford Young, A.
So, the motion to reconsider was tabled.
Further proceedings were interrupted by a Conference Report, the pending question being amendments.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three mills in any two-year period.
SECTION 2. Notwithstanding the above provisions of this act, when the Greenville County School District under the Education Finance Act is considered to be providing one hundred percent of the local effort required, no millage increases may thereafter be imposed while such circumstances exist.
SECTION 3. For any tax millage to be levied above the limits contained in this act, the qualified electors of the district must approve such excess in a referendum called for this purpose by the board. Notice of the referendum must be published in a newspaper of general circulation in the district at least sixty days before the referendum and again at least thirty days before the referendum. The board shall frame the question for the referendum and the costs of the referendum must be borne by the district.
SECTION 4. The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-nine mills. This limit does not apply to increases approved by the school board pursuant to Section 1 of this act.
SECTION 5. An independent auditor who reports directly to the board must periodically conduct fiscal and management audits of the district at the district's expense and a copy of the audit must be forwarded to the Greenville County Legislative Delegation.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Theo W. Mitchell /s/Michael F. Jaskwhich /s/James E. Bryan, Jr. /s/Sarah G. Manly /s/Sam Stilwell /s/Michael L. Fair On Part of the Senate. On Part of the House.
Rep. HODGES moved to adjourn debate upon the Conference Report.
Rep. BAKER moved to table the motion.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Baker Barber Brown, H. Brown, J. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Felder Foster Fulmer Gonzales Harris, P. Harrison Haskins Hayes Hendricks Huff Jaskwhich Keegan Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McCain McGinnis McTeer Meacham Neilson Phillips Quinn Rama Sharpe Sturkie Tucker Vaughn Wells Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Baxley Beasley Boan Burch Carnell Chamblee Cromer Elliott, D. Elliott, L. Farr Gentry Hallman Harris, J. Harwell Hodges Holt Houck Inabinett Jennings Keesley Kempe Keyserling Kinon Martin, D. Martin, M. McAbee McCraw McElveen McKay Nettles Rhoad Ross Rudnick Scott Sheheen Shirley Short Snow Townsend Waites Waldrop Whipper Wilder
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I would like to have my vote recorded as "no" in the Journal on H. 3967.
Rep. MIKE FAIR
Rep. LEWIS VAUGHN
Debate was resumed on the following Concurrent Resolution, the pending question being the consideration of amendments.
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Reps. HUFF and L. MARTIN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5824.HC), which was rejected.
Amend the resolution, as and if amended, by adding at the end of the next-to-last paragraph:
/Provided further that each reapportionment plan must be considered as separate pieces of legislation./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. HASKINS was recognized.
Rep. CORNING moved that the House do now adjourn.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Haskins Hendricks Huff Keegan Koon Lanford Marchbanks Martin, L. McCain McGinnis Quinn Rama Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Brown, J. Burch Carnell Cato Chamblee Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Hallman Harris, J. Harris, P. Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay Meacham Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper Wilder Wilkins Williams, D. Williams, J.
So, the House refused to adjourn.
Rep. CORNING moved that the House recede until 4:30.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McCain McGinnis Meacham Quinn Rama Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Barber Baxley Beasley Beatty Boan Brown, G. Brown, J. Burch Chamblee Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Hayes Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, M. Mattos McCraw McKay McTeer Nettles Phillips Rhoad Rogers Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the House refused to recede.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Cole Cooper Corning Elliott, D. Fair Fulmer Hallman Harrison Hendricks Huff Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. McCain Meacham Neilson Quinn Rama Sharpe Sturkie Vaughn Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Barber Baxley Beasley Boan Brown, G. Brown, J. Burch Carnell Chamblee Corbett Cork Cromer Elliott, L. Farr Felder Foster Gentry Gonzales Harris, J. Harwell Haskins Hayes Hodges Holt Houck Inabinett Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Klapman Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Sheheen Shirley Short Smith Snow Townsend Tucker Waites Waldrop Wells Whipper White Wilder Williams, D. Williams, J.
So, the amendment was rejected.
Rep. GONZALES moved to reconsider the vote whereby Amendment No. 6 was rejected.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Cato Clyborne Cooper Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Koon Littlejohn Marchbanks Martin, L. McCain McGinnis Neilson Rama Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Barber Baxley Beasley Beatty Boan Brown, G. Brown, J. Burch Carnell Chamblee Corbett Cromer Elliott, D. Elliott, L. Felder Foster Gentry Harris, J. Harris, P. Harwell Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Mattos McAbee McCraw McElveen McKay Meacham Nettles Rhoad Ross Rudnick Scott Sheheen Shirley Short Smith Snow Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the motion to reconsider was rejected.
Rep. McCAIN spoke against the Resolution.
Further proceedings were interrupted by a message from the Senate, the pending question being consideration of the Resolution, Rep. McCAIN having the floor.
The following was received.
Columbia, S.C., June 6, 1991
Mr. Speaker and Members of the House:
The Senate repectfully invites your Honorable Body to attend in the Senate Chamber at 4:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Rep. McTEER moved to adjourn debate upon the message.
Rep. BEASLEY moved to table the motion.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Burriss Cato Clyborne Corning Fair Fulmer Gonzales Hallman Harrison Hendricks Huff Koon Martin, D. McCain McGinnis Meacham Quinn Sharpe Sturkie Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Boan Brown, G. Brown, J. Burch Carnell Cole Cooper Cork Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Harris, J. Harris, P. Harwell Haskins Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McAbee McElveen McKay McTeer Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Whipper Wilder Williams, D. Williams, J.
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. CORNING moved that the House do now adjourn.
Rep. M.O. ALEXANDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss Clyborne Cole Cooper Corbett Cork Corning Fulmer Hallman Harrison Haskins Hendricks Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Quinn Rama Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Brown, J. Burch Carnell Cato Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Gonzales Harris, J. Harris, P. Harwell Hayes Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay Meacham Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the House refused to adjourn.
Rep. CORNING moved that the House recede until 4:50 and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Fulmer Hallman Harrison Haskins Huff Keegan Klapman Koon Lanford Marchbanks Martin, L. McCain McGinnis Quinn Rama Sturkie Vaughn Wells Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Beatty Boan Brown, J. Burch Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Gonzales Harris, J. Harris, P. Harwell Hayes Hodges Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Littlejohn Manly Martin, D. Martin, M. Mattos McCraw McKay McTeer Meacham Nettles Phillips Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
So, the House refused to recede.
Debate was resumed on the following Concurrent Resolution, the pending question being the consideration of the Resolution, Rep. McCAIN having the floor.
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
(10) Resolutions authorizing a different date or time, or both, for
Sine Die adjournment in accordance with the provisions of Section2-1-180 of the 1976 Code.
Be it further resolved that when the respective Houses of the General Assembly adjourn on Friday, June 28, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or the President Pro Tempore for the South Carolina Senate only for the consideration of business as enumerated in items (1), (2), (7), and (8) above, and in order to deal with any deficits for fiscal year 1990-91. The General Assembly shall adjourn Sine Die no later than 5:00 p.m. on Sunday, September 1, 1991. Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. McCAIN continued speaking.
Rep. HODGES moved to reconsider the vote whereby Amendment No. 4 was rejected, which was agreed to.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Concurrent Resolution ordered returned to the Senate.
The following was received.
Columbia, S.C., June 6, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3967:
H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.
Very respectfully,
President
No. 084
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 6, 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. 295:
S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 6, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 362:
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
and asks for a Committee of Conference and has appointed Senators Holland, Peeler and Patterson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 135
Whereupon, the Chair appointed Reps. HASKINS, McELVEEN and HODGES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. McTEER moved to reconsider the vote whereby debate was adjourned on the following message, which was agreed to.
The following was received.
Columbia, S.C., June 6, 1991
Mr. Speaker and Members of the House:
The Senate repectfully invites your Honorable Body to attend in the Senate Chamber at 4:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. McTEER, the invitation was accepted.
The Senate returned to the House with amendments the following:
H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.
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. 3070 -- Reps. Littlejohn, Rama and Whipper: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.
The 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. 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 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 SPEAKER granted Rep. MARCHBANKS a leave of absence for the remainder of the day.
Rep. CARNELL moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Barber Boan Brown, G. Brown, H. Burch Burriss Carnell Cork Elliott, D. Elliott, L. Felder Foster Fulmer Gonzales Harris, J. Harris, P. Harrison Harwell Hayes Hodges Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Keyserling Kinon Klapman Koon Martin, D. Mattos McAbee McCraw McElveen Quinn Rama Rhoad Rogers Rudnick Sharpe Shirley Smith Snow Stoddard Townsend Tucker Waldrop Whipper Wilder Williams, D. Wright
Those who voted in the negative are:
Alexander, T.C. Baxley Beatty Cato Clyborne Corbett Corning Cromer Fair Gentry Hallman Houck Kempe Kirsh Lanford Littlejohn Martin, L. Martin, M. McCain McGinnis McKay Meacham Nettles Ross Sheheen Vaughn Waites Wells Wofford Young, A.
So, the motion to reconsider was agreed to.
Rep. CORNING moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Brown, H. Burriss Corning Fair Harrison Kempe Lanford Littlejohn McCain McGinnis McKay Quinn Rama Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Barber Baxley Boan Brown, G. Burch Carnell Cato Chamblee Clyborne Cole Cooper Cromer Elliott, L. Farr Felder Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harwell Hayes Hodges Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Keyserling Kinon Klapman Koon Manly Martin, D. Martin, L. McAbee McCraw McElveen Meacham Phillips Rhoad Rogers Ross Rudnick Sharpe Sheheen Shirley Smith Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wright
So, the House refused to adjourn.
Rep. CARNELL moved immediate cloture on the entire matter.
Rep. CORNING moved that the House recede until 4:45.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Brown, H. Burriss Cato Cole Corbett Corning Farr Harrison Lanford Littlejohn McCain McGinnis Quinn Vaughn Waites Wells Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Baxley Beasley Boan Brown, G. Burch Carnell Chamblee Clyborne Cromer Elliott, D. Elliott, L. Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harwell Hayes Hodges Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Manly Martin, L. McAbee McCraw McElveen McKay Nettles Phillips Rama Rhoad Rogers Ross Rudnick Sharpe Sheheen Shirley Smith Townsend Tucker Waldrop Whipper White Wilder
So, the House refused to recede.
The question then recurred to the motion to invoke immediate cloture on the entire matter.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Barber Beasley Boan Brown, G. Brown, H. Burch Carnell Chamblee Cole Cork Elliott, D. Elliott, L. Felder Foster Fulmer Hallman Harris, J. Harris, P. Harrison Harwell Hayes Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Keyserling Kinon Koon Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod Meacham Phillips Quinn Rama Rogers Rudnick Sharpe Shirley Smith Snow Stoddard Sturkie Townsend Tucker Whipper White Wilder Williams, D.
Those who voted in the negative are:
Alexander, T.C. Baxley Beatty Cato Cooper Corbett Corning Cromer Gentry Hendricks Keegan Kempe Kirsh Lanford Littlejohn McCain McGinnis Ross Sheheen Vaughn Waites Waldrop Wells Wofford Wright Young, A.
So, immediate cloture was ordered.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Senate amendments, immediate cloture having been ordered.
At 4:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R232) S. 987 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 18, 1991, MISSED BY A. L. CORBETT MIDDLE SCHOOL STUDENTS IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A SAFETY PROBLEM IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
(R233) S. 975 -- Senator Fielding: AN ACT TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.
(R234) S. 831 -- Senator Pope: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(R235) S. 1014 -- Senators Passailaigue, Fielding, McConnell, Washington and Martschink: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-135 SO AS TO ESTABLISH A NO WAKE ZONE ON THE ASHLEY RIVER WITHIN ONE HUNDRED YARDS OF THE DOLPHIN COVE MARINA IN CHARLESTON COUNTY.
(R236) S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R237) S. 1013 -- Senator Russell: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.
(R238) S. 927 -- Judiciary Committee: AN ACT TO AMEND CHAPTER 8, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT SECURITIES UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE SECURITIES, FOR THE RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOLDERS AND ISSUES OF THESE SECURITIES, FOR THE PURCHASE, TRANSFER AND REGISTRATION OF THESE SECURITIES, AND FOR THE NEGOTIABILITY OF THESE SECURITIES AND OTHER RELATED PROVISIONS, AND TO AMEND SECTIONS 36-1-201, 36-5-114, 36-9-103, 36-9-105, 36-9-203, 36-9-302, 36-9-304, 36-9-305, 36-9-309, AND 36-9-312, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS IN ORDER TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 8.
(R239) S. 410 -- Senator Saleeby: AN ACT TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.
(R240) S. 295 -- Senators Setzler and Stilwell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CHILD MAY ATTEND A PUBLIC SCHOOL OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT AND TO PROVIDE PENALTIES FOR SUBMITTING A FALSE AFFIDAVIT ESTABLISHING CONDITIONS FOR ATTENDING THE SCHOOL.
(R241) S. 72 -- Senator Rose: AN ACT TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT, SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY OR OTHER FACILITIES LICENSED BY THE DEPARTMENT OR SUBJECT TO INSPECTION BY THE DEPARTMENT AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
(R242) H. 3539 -- Rep. Corning: AN ACT 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 REQUIRE ALL INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER 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 HAS THE OPTION OF RECEIVING NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT A CERTAIN LEVEL AND TO PERMIT INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER A HOME HEALTH CARE BENEFIT WHICH PROVIDES BENEFITS WHEN CARE IN THE HOME ONLY IS NECESSARY; TO PROVIDE THAT THE ABOVE PROVISIONS APPLY TO INSURANCE POLICIES ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS THEREAFTER, 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 MAKE A REPORT TO THE GENERAL ASSEMBLY.
(R243) H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: AN ACT 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-180 SO AS TO AUTHORIZE THE HOLDER OF MULTIPLE RETAIL BEER AND WINE PERMITS TO TRANSFER BEER AND WINE FROM ONE PERMITTED LOCATION TO ANOTHER UNDER CERTAIN CONDITIONS.
(R244) H. 3842 -- Rep. T.C. Alexander: AN ACT TO AMEND SECTION 41-33-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITIONING AND USE OF MONEY IN THE UNEMPLOYMENT TRUST FUND FOR THE PAYMENT OF ADMINISTRATION EXPENSES, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH THESE FUNDS MAY BE USED FOR THESE PURPOSES.
(R245) H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: AN ACT TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT; TO AMEND ACT 612 OF 1990, THE GENERAL APPROPRIATIONS ACT FOR 1990-91, RELATING TO THE AUTHORITY OF THE TAX COMMISSION TO ENFORCE THE USE TAX ON DIRECT MARKETING COMPANIES, SO AS TO EXTEND THE COMMISSION'S AUTHORITY TO JULY 1, 1996; TO AMEND SECTION 12-21-2420, RELATING TO THE ADMISSIONS TAX, SO AS TO EXEMPT ADMISSIONS TO CERTAIN HEALTH CLUBS; TO AMEND SECTIONS 4-10-40, 4-10-50, AND 4-10-90, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO CLARIFY THE APPLICATION OF THE TAX CREDIT TO PROPERTY TAXES ON MOTOR VEHICLES, PROVIDE THAT DISTRIBUTIONS FROM THE COUNTY/MUNICIPAL REVENUE FUND MAY BE USED TO PROVIDE ADDITIONAL TAX CREDITS AND REVISE IMPOSITION DATES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-27-285, 12-29-125, AND 12-29-126 SO AS TO REQUIRE SURETY BONDS, CASH BONDS, OR FINANCIAL STATEMENTS TO GUARANTEE THE PAYMENT OF GASOLINE AND SPECIAL FUELS TAXES; TO AMEND SECTIONS 12-37-360 AND 12-29-40, RELATING TO COLLECTION AND PAYMENT OF GASOLINE AND SPECIAL FUELS TAXES, SO AS TO DELETE REFERENCES TO THE SHERIFF SERVING WARRANTS AND TO PROVIDE THAT THE TAXES ARE LIENS, BUT NOT FIRST LIENS, ON THE PROPERTY OF THE TAXPAYER, AND TO PROVIDE FOR THE ABATEMENT ALLOWED MANUFACTURING PROPERTY FOR CERTAIN TEXTILE MANUFACTURING PROPERTY.
(R246) H. 3739 -- Rep. Keyserling: AN ACT 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.
(R247) H. 3134 -- Rep. McTeer: AN ACT 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; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO THE PRERETIREMENT DEATH BENEFIT PROGRAM FOR POLICE OFFICERS, SO AS TO INCREASE THE BENEFITS; AND TO AMEND SECTION 9-2-20, RELATING TO THE SOUTH CAROLINA RETIREMENT AND PRERETIREMENT ADVISORY BOARD MEMBERSHIP, SO AS TO PROVIDE THAT ONE OF THE MEMBERS REPRESENTING STATE EMPLOYEES MUST BE A LAW ENFORCEMENT OFFICER.
At 4:50 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of amendments, immediate cloture having been ordered.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
Rep. KIRSH proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\436\11820.DW), which was tabled.
Reference is to the amendment introduced by the Finance Committee, dated June 6, 1991, Document No. L:\Council\Legis\Amend\436\11818.DW.
Amend the amendment, as and if amended, page 9, item (f) of Section 3 of Act 1377 of 1968, by striking subitem 28 in its entirety.
Renumber subitems to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Barber Boan Brown, G. Brown, J. Burch Carnell Chamblee Cole Cooper Cork Corning Elliott, D. Felder Foster Fulmer Gonzales Hallman Harris, J. Harris, P. Hodges Inabinett Johnson, J.C. Johnson, J.W. Koon Littlejohn Mattos McAbee McCain McCraw Quinn Rama Rhoad Rogers Rudnick Scott Sharpe Shirley Smith Snow Stoddard Townsend Tucker Waldrop Whipper White Wilder
Those who voted in the negative are:
Alexander, T.C. Altman Baxley Beatty Brown, H. Cato Corbett Cromer Elliott, L. Fair Farr Gentry Hayes Hendricks Houck Jennings Keegan Keesley Kempe Kinon Kirsh Lanford Manly Martin, L. McGinnis McKay McLeod Meacham Phillips Ross Sheheen Vaughn Waites Wells Williams, D. Williams, J. Wofford Wright
So, the amendment was tabled.
Rep. McGINNIS moved that the House do now adjourn.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Brown, J. Clyborne Cole Lanford Littlejohn McGinnis McTeer Quinn Rama Ross Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Barber Baxley Beasley Boan Brown, H. Burch Carnell Cato Chamblee Cooper Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hendricks Hodges Houck Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Manly Martin, L. Martin, M. Mattos McAbee McCain McElveen McKay Meacham Phillips Rhoad Rogers Rudnick Scott Shirley Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Wells White Wilder Wilkins Williams, D. Williams, J. Wofford
So, the House refused to adjourn.
Rep. SHARPE raised the Point of Order that 5:00 having arrived and in accordance with Section 2-1-180 of the Code of Laws, the House should stand adjourned Sine Die.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by Sine Die Adjournment, the pending question being consideration of amendments, immediate cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 4040 -- Reps. Hayes, Foster, Kirsh, Short and Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL THE HONORABLE JOHN C. HAYES, III, ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE TO THE SIXTEENTH JUDICIAL CIRCUIT AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS AND HIS QUIET AND COMPASSIONATE BUT COMPELLING LEADERSHIP IN THE GENERAL ASSEMBLY.
H. 4045 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE SCOTT'S BRANCH "MARCHING EAGLES" HIGH SCHOOL BAND FOR ITS ACCOMPLISHMENTS WHILE PERFORMING IN THE AFRICAMERICAS FESTIVAL AND PARADE ON MAY 4, 1991.
H. 4046 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM, UNION COUNTY, ON WINNING ITS THIRD CONSECUTIVE CHAMPIONSHIP IN THE NATIONAL JUNIOR INDOOR SMALLBORE RIFLE CHAMPIONSHIPS.
H. 4051 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO THANK AND RECOGNIZE ANDERSON CITY MANAGER, DR. RICHARD WOODRUFF, FOR HIS TWELVE YEARS OF SERVICE TO THAT CITY AND TO WISH HIM WELL AS HE BEGINS WORK AS THE CITY MANAGER OF NAPLES, FLORIDA.
H. 4052 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. MCLESTER MCDOWELL OF ANDERSON UPON HIS RETIREMENT FROM THE SOUTH CAROLINA STATE EMPLOYMENT SERVICE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
Before this Chamber becomes silent and these desks empty, we turn to You, our Lord, in thankfulness for worthwhile things done, for work which will endure, for times of joy, for hours made brilliant by success and lessons learned from failure. But above all, we are grateful for Your never-failing presence--guiding, guarding and correcting us. And whatever and wherever the future may be:
"The Lord bless you and keep you;
The Lord make His face shine upon you and be gracious to you;
The Lord lift up His countenance upon you and give you peace".
Amen.
At 5:00 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned Sine Die in memory of Mr. Joseph Vaughn.
This web page was last updated on
Tuesday, June 30, 2009 at 8:53 A.M.