Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, we confess that the demands of our times cause us to forget our need of dependence upon You. Every day we seem to put You off as we concentrate upon our own priorities. Yet we are insufficient without Your ever available help. You are always near to sustain, support and protect us. We are made strong when we accept Your beckoning to us as You say: "Come, follow Me". May the cleansing breezes of good will blow across our minds, stripping from us all narrowness and selfishness. Unite our efforts to accomplish Your way.
In the full and complete knowledge of our need of Your help, we thank You, Lord, for these daily moments of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
To: The Honorable M. Alton Hyatt
From: Robert J. Sheheen, Speaker
Subject: Committee Assignment
Date: January 28, 1992
It is with pleasure that I am today appointing you to serve on the Medical, Military, Public and Municipal Affairs Committee.
I deeply appreciate your time and efforts in serving on this committee.
Dave C. Waldrop, Jr., Chairmen
Clerk of the House
Received as information.
The question of a quorum was raised.
A quorum was later present.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3996 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO PROVIDE FOR THE REGULATION OF A CREDIT SERVICES ORGANIZATION AND PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3946 -- Rep. Quinn: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4300 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING BETTY ROPER OF CLARENDON COUNTY ON HER INDUCTION INTO THE STATE BROADCASTERS HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4301 -- Reps. Koon, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser. Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH IN JUNE, 1991, OF CURRIE B. SPIVEY, JR., CHAIRMAN OF THE STATE DEVELOPMENT BOARD, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE STATE DEVELOPMENT BOARD TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF CURRIE SPIVEY TO ENHANCE AND PROMOTE NEW ELEMENTS OF BUSINESS DEVELOPMENT IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4302 -- Rep. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY IN AIKEN COUNTY UPON OPERATING TWO YEARS WITHOUT A LOST TIME INJURY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4303 -- Reps. Smith and Sharpe: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM AND ITS COACH FOR WINNING THE CLASS AA STATE FOOTBALL CHAMPIONSHIP FOR 1991 AND GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 20, 1992, FOR THE PURPOSE OF BEING RECOGNIZED.
Whereas, the members of the General Assembly were delighted to learn that Silver Bluff High School "Bulldogs" Football Team won the Class AA State Football Championship for 1991; and
Whereas, under the direction of their coach, Butch Jacobs, they were able to achieve the highest goal in their class. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate the Silver Bluff High School "Bulldogs" Football Team and its coach for winning the Class AA State Football Championship for 1991.
Be it further resolved that the Silver Bluff High School "Bulldogs" Football Team and its coach, Butch Jacobs, be granted the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, on Thursday, February 20, 1992, for the purpose of being recognized.
Be it further resolved that a copy of this resolution be sent to Coach Butch Jacobs.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4287 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
Referred to Committee on Judiciary.
H. 4288 -- Reps. Koon and Vaughn: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990.
Rep. KOON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Ways and Means.
H. 4289 -- Reps. Quinn, Wright, Riser and Rama: A BILL TO AMEND SECTIONS 8-13-740 AND 8-13-745, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF OTHERS BEFORE GOVERNMENTAL ENTITIES BY PUBLIC OFFICIALS, MEMBERS, EMPLOYEES, AND LEGISLATORS, FINANCIAL DISCLOSURE OF CERTAIN FEE INCOME, AND RESTRICTIONS ON VOTING BY LEGISLATORS WHO REPRESENT CLIENTS IN CONTESTED CASES AND WHO CONTRACT WITH ENTITIES FUNDED BY STATE-APPROPRIATED FUNDS, SO AS TO PROHIBIT A LEGISLATOR FROM REPRESENTING A CLIENT IN A CONTESTED CASE BEFORE A STATE AGENCY, AND TO DELETE PROVISIONS RELATING TO FINANCIAL DISCLOSURE AND RESTRICTIONS ON VOTING BY LEGISLATORS MADE OBSOLETE BY THIS PROHIBITION ON REPRESENTATION.
Referred to Committee on Judiciary.
H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
Rep. FULMER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WAITES objected.
Referred to Committee on Judiciary.
H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.
Referred to Committee on Labor, Commerce and Industry.
H. 4292 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON FOR FAILURE TO PAY PROPERTY TAXES WHEN DUE, SO AS TO PROVIDE THAT, IN THE EVENT OF SUCH SUSPENSION, THE PERSON WHOSE LICENSE AND REGISTRATION ARE SUSPENDED SHALL NOT BE REQUIRED TO OBTAIN AN SR-22 IN ORDER TO HAVE THE LICENSE AND THE REGISTRATION REINSTATED.
Referred to Committee on Education and Public Works.
H. 4293 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1375, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4294 -- Rep. Harrelson: A BILL TO AMEND SECTION 38-77-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP AUTOMOBILE INSURANCE AND THE RATE THEREFOR, SO AS TO PROVIDE FOR NEGOTIATING AND CONTRACTING FOR THE SALE OF GROUP AUTOMOBILE INSURANCE BY AN INSURER THROUGH ITS AGENT, DELETE CERTAIN PROVISIONS, PROVIDE FOR THE RATE OF THE GROUP PLAN OR CONTRACT, AND REQUIRE THAT THE GROUP PLAN OR CONTRACT MUST BE COUNTERSIGNED BY AND PROCESSED THROUGH A RESIDENT AGENT; AND TO REPEAL SECTION 38-73-480, RELATING TO THE RATE FOR GROUP AUTOMOBILE INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
H. 4295 -- Rep. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM CIVIL COURT TO MAGISTRATE'S COURT UPON PETITION OF ANY PARTY OR UPON THE COURT'S OWN MOTION TO THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF COMMON PLEAS, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE COURT OF COMMON PLEAS, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Referred to Committee on Judiciary.
H. 4296 -- Rep. Rama: A BILL TO AMEND SECTION 59-67-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAMPERING WITH GOVERNORS ON SCHOOL BUSES, SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES.
Referred to Committee on Education and Public Works.
H. 4297 -- Reps. Phillips and Farr: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Education and Public Works.
H. 4298 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-195 SO AS TO PROVIDE THAT A LICENSED PHYSICIAN MAY NOT REFER A PATIENT FOR TREATMENT OR TESTS TO ANY FACILITY OR ENTITY IN WHICH THE PHYSICIAN HAS A FINANCIAL INTEREST UNLESS THE PHYSICIAN NOTIFIES THE PATIENT IN WRITING OF THE NATURE OF THE FINANCIAL INTEREST AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4299 -- Rep. Harrelson: A BILL TO AMEND SECTION 38-73-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "FINAL RATE OR PREMIUM CHARGE" FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT, IN THE DETERMINATION OF WHETHER THE EXPENSE COMPONENT SHOULD BE APPROVED, EACH INSURER SHALL BE LIMITED TO NOT MORE THAN THE AVERAGE ADMINISTRATIVE COST FOR ALL SUCH INSURERS FOR THE PRECEDING CALENDAR YEAR.
Referred to Committee on Labor, Commerce and Industry.
H. 4304 -- Reps. Rama, Hallman, Fulmer and R. Young: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF LIQUOR OR DRUGS, SO AS TO PROVIDE FOR NEWSPAPER PUBLICATION OF PHOTOGRAPHS OF PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE OF LIQUOR OR DRUGS FOR A THIRD OFFENSE.
Referred to Committee on Judiciary.
H. 4305 -- Rep. Cromer: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND THE REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO GRADES SIX THROUGH TWELVE RATHER THAN GRADES NINE THROUGH TWELVE, AND REQUIRE AN OVERALL PASSING AVERAGE OF AT LEAST A CERTAIN GRADE POINT AVERAGE OR RATIO.
Referred to Committee on Education and Public Works.
H. 4306 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Cato Chamblee Clyborne Cole Cooper Corbett Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, January 29.
L. Morgan Martin John G. Felder Marion P. Carnell C. Lenoir Sturkie Rick Quinn Holly Cork Jennings McAbee Ralph Canty
DOCTOR OF THE DAY
Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Bennett Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cole Corning Delleney Elliott, D. Elliott, L. Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hendricks Holt Houck Huff Hyatt Inabinett Jaskwhich Johnson, J.W. Kempe Kennedy Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Phillips Quinn Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Bill was read the third time, and ordered sent to the Senate.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1080 -- Senators J. Verne Smith, Mitchell, Bryan and Stilwell: A BILL TO AMEND ACT 743 OF 1962, AS AMENDED, RELATING TO THE GREENVILLE COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ENLARGE THE MEMBERSHIP OF THE COMMISSION TO INCLUDE AN EXECUTIVE OFFICER OF THE GREENVILLE HIGHER EDUCATION CENTER ADVISORY COUNCIL.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.
The following Bill was taken up.
H. 3790 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-155 SO AS TO PROVIDE THAT FOR PURPOSES OF REINSTATEMENT OF A CONTRACTOR'S LICENSE, A PERSON WHO PREVIOUSLY STOOD AND PASSED THE CONTRACTOR'S LICENSING EXAMINATION JOINTLY MUST BE TREATED AS IF HE STOOD AND PASSED THE EXAMINATION INDIVIDUALLY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5654.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 40-11-155 as contained in SECTION 1 and inserting:
/"Section 40-11-155.(A) For purposes of reinstatement of a contractor's license, a person who previously stood and passed the contractor's licensing examination jointly with another person must be treated as if he stood and passed the examination individually.
(B) When a corporation, partnership, or other business entity in the contracting business dissolves, a person who remains in the contracting business must take only that portion of the contractor's licensing examination which he has not previously taken and passed."/
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6074.HC), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, page 3790-1, by inserting after /person/ on line 29 /and who has been a contractor as defined in this chapter for at least twelve years/.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill as amended, was read 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. 9 (Doc Name L:\COUNCIL\LEGIS\AMEND\N05\8039.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 13, Chapter 3, Title 47 of the 1976 Code, as added by Act 515 of 1988, is amended to read:
Section 47-3-710. (A) As used in this article 'dangerous dog animal' means and includes an animal of the canine or feline family:
(1) a dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;
(2) a dog which attacks a human being or domestic animal without provocation. It does not include an animal which attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully upon the premises of the owner, as defined in Section 47-3-770(A);
(3) a dog owned or harbored primarily or in part for the purpose of dogfighting fighting or a dog an animal trained for dogfighting fighting.
(B) 'Dangerous animal' does not include an animal used exclusively for agricultural purposes.
Section 47-3-720. No person owning or harboring or having the care or the custody of a dangerous dog animal may permit the dog animal to go unconfined on his premises. A dangerous dog animal is 'unconfined' as the term is used in this section if the dog animal is not securely confined securely indoors or confined in a securely enclosed fence or securely enclosed and locked pen or a dog-run area upon the person's premises. The pen or dog-run area also must have either sides six feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground at a depth of no less than one foot. However, the provisions of this section shall does not apply to any dog that is an animal owned by a licensed security company and is on patrol in a confined area.
Section 47-3-730. No person owning or harboring or having the care of a dangerous dog animal may permit the dog animal to go beyond his premises unless the dog animal is securely muzzled and safely restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length.
Section 47-3-740. (A) No person may own or harbor a dog an animal for the purpose of dogfighting, fighting or train, torment, badger, bait, or use a dog an animal for the purpose of causing or encouraging the dog animal to unprovoked attacks upon human beings or domestic animals.
(B) No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a dangerous dog animal.
Section 47-3-750. (A) In the event If a law enforcement agent has probable cause to believe that a dangerous dog animal is being harbored or cared for in violation of Section 47-3-720 or 47-3-740, he may petition the magistrate court having jurisdiction to order the seizure and impoundment of the dangerous dog animal while the trial is pending.
(B) In the event If a law enforcement agent has probable cause to believe that a dangerous dog animal is being harbored or housed in violation of Section 47-3-730, he may seize and impound the dangerous dog animal while the trial is pending.
Section 47-3-760. (A) Whoever A person who violates this article is guilty of a misdemeanor felony and, upon conviction, for a first offense, must be fined not more than two hundred five thousand dollars or imprisoned for not more than thirty days thirty-six months and, upon conviction of a second or subsequent offense, must be fined one not more than ten thousand dollars or imprisoned not more than five years none of which may be suspended or remitted.
(B) A dangerous dog animal which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment the dangerous dog animal represents a continuing threat of serious harm to human beings or other domestic animals.
(C) Any A person found guilty of violating this article shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of any dog an animal for the protection of the public, medical expenses incurred by a victim from an attack by a dangerous animal, and other expenses as may be required for the destruction of the dog animal. Furthermore, anyone found guilty of violating this article shall pay any medical expenses incurred by the victim as a result of an attack by a dangerous dog.
(D) All violations of this article are within the magistrate's jurisdiction. A person owning a dangerous animal shall register the animal with the local law enforcement authority of the county in which the owner resides. The requirements of the registration must be determined by the county governing body. However, the registration application must be accompanied by proof of liability insurance of at least fifty thousand dollars insuring the owner for personal injuries inflicted by the dangerous animal.
(E) This section is in addition to other civil penalties available.
Section 47-3-770. (A) A person is lawfully is upon the premises of the owner within the meaning of this article when he is on the premises in the performance of any a duty imposed upon him by the laws of this State, by the laws or postal regulations of the United States, when he is on the premises upon invitation, expressed or implied, of the owner, or when he is in the performance of a duty relative to public safety, which includes policemen, firemen, or other authorized personnel. A person has the right to may ingress to and egress from the premises for any a purpose connected with the performance of the public safety duty.
(B) A person who is lawfully is on the owner's premises and who is attacked by a dangerous dog animal or witnesses the attack may use reasonable force to repel the attack. A person is not liable in damages or otherwise for action to repel or any action taken to restrain or control a dog an animal from an unprovoked attack."
SECTION 2. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, violations in Article 13, Chapter 3, Title 47 of the 1976 Code amended in Section 1 of this act are felonies.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. BENNETT moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. CROMER moved to table the motion.
Rep. RUDNICK 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 Anderson Bailey, G. Bailey, J. Baker Baxley Boan Brown, G. Burch, K. Cooper Corning Cromer Elliott, L. Farr Gentry Harrison Haskins Hendricks Hodges Houck Hyatt Jaskwhich Kempe Keyserling Kirsh Koon Manly Marchbanks Martin, D. Martin, L. McCraw McGinnis Meacham Neilson Phillips Quinn Rogers Ross Rudnick Smith Stone Tucker Vaughn Waites Waldrop Wells Wilkes Young, R.
Those who voted in the negative are:
Barber Beatty Bennett Bruce Byrd Cato Chamblee Corbett Delleney Elliott, D. Fulmer Glover Gonzales Hallman Harrelson Holt Inabinett Jennings Keegan Klapman Lanford Littlejohn McKay McLeod McTeer Rama Rhoad Riser Sheheen Stoddard Townsend Wilder Wilkins Williams, D. Wright
So, the motion to table was agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was then read the second time and ordered to third reading.
The following Bill was taken up.
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8015.BD).
Amend the bill, as and if amended, Section 38-77-280, SECTION 1, page 4, line 6, after /facility./ by inserting /A refusal to write physical damage insurance coverage must not be based in whole or in part on race, sex, religion, national origin, or economic status. It is an unlawful act of discrimination for an insurer to make a distinction between applicants or policyholders, or both, except for distinctions provided for in the rating plans by the classification of risk and territories promulgated by the commissioner and which are not a violation of this section. A violation of this section is an unfair insurance practice per se and evidence of reckless or willful conduct./ so that when amended Section 38-77-280 reads:
/Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.
Collision coverage must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760(e).
(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.
(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass. Notwithstanding Sections 38-77-110 and 38-77-920, after September 30, 1992, automobile insurers may refuse to write or renew private passenger automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage for an applicant or existing policyholder. After September 30, 1992, no private passenger automobile physical damage insurance coverage may be ceded to the facility. A refusal to write physical damage insurance coverage must not be based in whole or in part on race, sex, religion, national origin, or economic status. It is an unlawful act of discrimination for an insurer to make a distinction between applicants or policyholders, or both, except for distinctions provided for in the rating plans by the classification of risk and territories promulgated by the commissioner and which are not a violation of this section. A violation of this section is an unfair insurance practice per se and evidence of reckless or willful conduct./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
Reps. WHITE, D. WILLIAMS, J. BROWN, SCOTT, BEATTY, ANDERSON, KENNEDY, GLOVER, McLEOD, and TAYLOR objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 4, which was adopted.
H. 4284 -- Rep. Wilkins: A BILL TO ESTABLISH A PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN GREENVILLE COUNTY PLUS ONE PERCENT, TO PROVIDE EXCEPTIONS, TO AUTHORIZE A LARGER INCREASE UPON APPROVAL BY THE COUNTY LEGISLATIVE DELEGATION, AND TO REPEAL ACTS 284 OF 1989 AND 251 OF 1991, RELATING TO THE GREENVILLE COUNTY SCHOOL DISTRICT AND ITS AUTHORIZED ANNUAL TAX MILLAGE.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Education and Public Works.
H. 4235 -- Reps. Manly, Barber, Baker, Clyborne, Haskins, Neilson, Cork, Jaskwhich, Holt, Felder, Canty, M.O. Alexander, Anderson, Cato, Wilkins, Vaughn, A. Young, J. Bailey, Beatty, Kempe, Inabinett, Byrd, Shissias, Whipper, McGinnis, Riser, Meacham, Wells, D. Elliott, Houck, Kennedy, G. Bailey, Fair, Mattos, Harrison, Waites, McCraw and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO MAKE IT A MISDEMEANOR OFFENSE FOR THE DRIVER OF A VEHICLE TO USE THE PARKING LOT OF A GASOLINE SERVICE OR FILLING STATION OR OF A RESTAURANT OR OTHER EATING ESTABLISHMENT LOCATED AT A HIGHWAY, ROAD, OR STREET INTERSECTION TO AVOID COMPLIANCE WITH A STOP SIGN, YIELD SIGN, OR THE RED LIGHT OR FLASHING RED LIGHT OF A TRAFFIC CONTROL DEVICE LOCATED AT SUCH INTERSECTION, AND TO PROVIDE A PENALTY.
The motion period was dispensed with on motion of Rep. L. MARTIN.
The following Bill was taken up.
H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7440.BD), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3, page 2, beginning on line 13, and inserting:
/SECTION 3. This act takes effect upon approval by the Governor, except the individual and joint insurance decreasing and level balance changes reduced in Section 37-4-203(5) of the 1976 Code in Section 1 and the last paragraph of Section 34-29-160 of the 1976 Code in Section 2 take effect January 1, 1994. The $ .85 individual decreasing balance charge is reduced to $ .75 January 1, 1993. The $1.70 individual level balance charge is reduced to $1.50 January 1, 1993. The $1.42 joint decreasing balance charge is reduced to $1.25 January 1, 1993. The $2.84 joint level balance charge is reduced to $2.50 January 1, 1993./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Bennett Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cole Corning Delleney Elliott, D. Elliott, L. Farr Foster Gentry Gonzales Hallman Harrelson Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Huff Hyatt Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod Meacham Neilson Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Bill as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3908 -- Rep. Burriss: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD ON SUNDAYS AT PUBLICLY OWNED AND OPERATED GOLF COURSES UPON THE CONSENT OF THE GOVERNING BODIES OF THESE GOLF COURSES, BUT ONLY IN COUNTIES AND MUNICIPALITIES WHERE SUNDAY SALES ARE PERMITTED.
Rep. L. MARTIN moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.
Reps. FELDER, J. BROWN and WALDROP proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9442.JM), which was adopted.
Amend the bill, as and if amended, by striking Section 25-11-40, as contained in SECTION 1, and inserting:
/"Section 25-11-40. Subject to the recommendation of a majority of the senators representing the county and a majority of the House members representing the county, the Director of Veterans' Affairs shall appoint a county veterans' affairs officer for each county in the State, whose terms of office shall begin July first of each odd-numbered year in the year of appointment, commencing with the appointments made in 1991. and The terms shall continue for a term of two or four years and until their successors shall be are appointed and qualify.; the county legislative delegation, upon a majority vote, shall decide whether the county veterans' affairs officer shall serve a two-year or a four-year term of office. Any such A county veterans' affairs officer shall be subject to removal may be removed at any time by a majority of the senators representing the county and a majority of the House members representing the county."/
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Baker Barber Baxley Beatty Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cole Cooper Corning Delleney Elliott, D. Elliott, L. Fair Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harvin Harwell Haskins Hendricks Houck Hyatt Inabinett Jennings Keegan Kempe Keyserling Kirsh Klapman Koon Lanford Manly Marchbanks Martin, D. Martin, L. McAbee McCraw McGinnis McKay Meacham Neilson Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shissias Smith Sturkie Taylor Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. KEMPE moved to adjourn debate upon the following Bill until Wednesday, February 5, which was adopted.
H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The following Bill was taken up.
S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.
Reps. M.O. ALEXANDER and PHILLIPS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9687.JM), which was adopted.
Amend the bill, as and if amended, by striking Section 23-35-10(2), as contained in SECTION 1, and inserting:
/"(2) Bottle type rockets whose motor is a minimum one-half of inch in diameter and a minimum three inches in length, whose stabilizing stick is a minimum fifteen inches in length, and whose total pyrotechnic composition shall does not exceed twenty grams each in weight; however, all bottle type rockets smaller than provided for in this item may be stored by licensed wholesale distributors for out-of-state distribution only;"/
Amend further by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect January 2, 1993./
Amend title to conform.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Baxley Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Chamblee Clyborne Corbett Delleney Elliott, D. Elliott, L. Farr Foster Gonzales Harrelson Harris, J. Harrison Harvin Haskins Hendricks Houck Huff Inabinett Jaskwhich Jennings Keegan Keyserling Klapman Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McElveen McKay McTeer Neilson Phillips Riser Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Taylor Tucker Vaughn Waites Waldrop Wilder Wilkes Williams, J. Wright
Those who voted in the negative are:
Brown, G. Cato Gentry Quinn Young, R.
So, the Bill as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\DKA\3426.AL), which was adopted.
Amend the bill, as and if amended, Section 24-22-20, SECTION 1, Page 3, by striking Item (J) and inserting:
/(J) 'Qualified Prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense as defined under Section 16-1-70 and not convicted of criminal sexual conduct in the third degree pursuant to the provisions of Section 16-3-654 or committing or attempting a lewd act upon a child under the age of fourteen pursuant to the provisions of Section 16-15-140 or causing great bodily injury or death by operating a vehicle while under the influence of drugs or alcohol pursuant to the provisions of Section 56-5-2945 and who meet the eligibility criteria for placement in the Adult Criminal Offender Management System as determined by joint agreement between the Board of Probation, Parole and Pardon Services and the Department of Corrections./
Amend further, Section 24-22-40, SECTION 1, Page 4, by striking the last paragraph which begins on Line 27 and inserting:
/After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Board Chairman, the Board shall enroll offenders monthly into the Offender Management System to prevent the prison system population from exceeding one hundred percent of capacity at high count.
If the Governor at anytime during periods when the Offender Management System is in operation, determines that an insufficient number of inmates are being enrolled into the System to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or requiring the Department to cease and desist in the release of the inmates accordingly./
Amend title to conform.
Rep. WALDROP explained the amendment.
Rep. ROGERS spoke against the amendment.
Rep. WHIPPER 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. Byrd Glover Kennedy McLeod Taylor Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Bennett Boan Brown, H. Bruce Burch, K. Canty Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Delleney Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Haskins Hendricks Hodges Holt Houck Hyatt Jaskwhich Jennings Johnson, J.W. Keegan Kempe Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. McCraw McElveen McGinnis McKay Meacham Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. ROGERS continued speaking.
Reps. WOFFORD and VAUGHN spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5798.HC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Funds already appropriated and fulltime equivalent positions (FTE's) already authorized for the South Carolina Department of Corrections and the South Carolina Department of Probation, Parole, and Pardon Services on the effective day of this act may be transferred as necessary and used to implement the provisions of Chapter 22 of Title 24 of the 1976 Code added by this act but no additional funds may be expended and no additional FTE's may be authorized to implement the Classification System and Adult Criminal Offender Management System./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WALDROP spoke upon the amendment.
The amendment was then adopted.
Rep. ROGERS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9498.AL), which was tabled.
Amend the bill, as and if amended, Section 24-22-40, SECTION 1, by striking the last paragraph beginning on p. 4, line 28, and inserting:
/The Board of Probation, Parole, and Pardon Services and the Department of Corrections shall identify on a monthly basis offenders who are eligible for the offender management system to prevent the prison system population from exceeding 100 percent of capacity at high count.
No offender may be placed in Department of Probation, Parole, and Pardon Services Community Control Strategies until there is a declaration or commencement of a prison system overcrowding state of emergency pursuant to the Prison Overcrowding Powers Act, Sections 24-3-1110, et. seq./
Amend further, Section 24-22-150, SECTION 1, beginning on p. 8, line 1, by striking the first paragraph and inserting:
/Offenders may not be enrolled in the offender management system unless there is a declaration or commencement of a prison system overcrowding state of emergency pursuant to the Prison Overcrowding Powers Act, Section 24-3-1110, et. seq./
Amend further by deleting SECTION 2, beginning on p. 8, line 30.
Renumber sections to conform.
Amend title to conform.
Rep. ROGERS explained the amendment.
Rep. WALDROP 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. Anderson Bailey, G. Baker Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Hallman Harris, J. Harrison Harvin Harwell Haskins Hendricks Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kennedy Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay Meacham Phillips Quinn Rama Rhoad Riser Scott Sharpe Sheheen Shirley Shissias Smith Stone Taylor Vaughn Waldrop Wells Wilder Wilkins Williams, D. Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Barber Baxley Beatty Glover Gonzales Harrelson Kempe Keyserling Manly McElveen McLeod Neilson Rogers Ross Rudnick Tucker Waites Whipper Wilkes Young, R.
So, the amendment was tabled.
Rep. HASKINS proposed the following Amendment No. 4, which was adopted.
Amend the bill, as and if amended, at page 3, line 32 by adding a new subsection (a) as follows:
/(a) be classified as a qualified prisoner as defined herein./
Renumber sections to conform.
Rep. HASKINS explained the amendment.
Rep. McELVEEN spoke in favor of the amendment.
The amendment was then adopted.
Rep. L. MARTIN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3426.AL), which was adopted.
Amend the bill, as and if amended, Section 24-22-20, SECTION 1, page 3, by striking item (j) and inserting:
/(j) 'Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense as defined under Section 16-1-70 and not convicted of assault and battery of a high and aggravated nature or criminal sexual conduct in the third degree pursuant to the provisions of Section 16-3-654 or committing or attempting a lewd act upon a child under the age of fourteen pursuant to the provisions of Section 16-15-140 or causing great bodily injury or death by operating a vehicle while under the influence of drugs or alcohol pursuant to the provisions of Section 56-5-2945 and who meet the eligibility criteria for placement in the Adult Criminal Offender Management System as determined by joint agreement between the Board of Probation, Parole and Pardon Services and the Department of Corrections./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. WALDROP moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Chamblee Cooper Elliott, L. Lanford Littlejohn Rhoad Waldrop Williams, D. Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Bruce Burch, K. Byrd Cato Clyborne Cole Corbett Cork Corning Cromer Delleney Elliott, D. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod Meacham Neilson Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Tucker Vaughn Waites Wells Whipper Wilder Wilkes Wilkins Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McELVEEN proposed the following Amendment No. 7, which was tabled.
The Governor may further prevent the release under this system of any qualified prisoner if he deems such prisoner to be a danger to the welfare and public safety of the State.
Amend by adding at Section 24-22-40, Section 1, page 4.
Rep. McELVEEN explained the amendment.
Rep. WALDROP moved to table the amendment.
Rep. J. BAILEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 42.
Rep. QUINN proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\DKA\3615.AL), which was adopted.
Amend the report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, Section 24-22-20(J), page {883-1}, line 40, after /Section 56-5-2945/ and inserting:
/(j) 'Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense as defined under Section 16-1-70 and not convicted of criminal sexual conduct in the third degree pursuant to Section 16-3-654 or committing or attempting a lewd act upon a child under the age of fourteen pursuant to Section 16-15-140 or causing great bodily injury or death by operating a vehicle while under the influence of drugs or alcohol pursuant to the provisions of Section 56-5-2945, or is convicted of an attempt for any violent crime listed in Section 16-1-60 and who meet the eligibility criteria for placement in the Adult Criminal Offender Management System as determined by joint agreement between the Board of Probation, Parole and Pardon Services and the Department of Corrections./
Amend title to conform.
Rep. QUINN explained the amendment.
Rep. SCOTT moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 9, which was adopted.
Amend the bill, as and if amended:
Amend Section 24-22-20(j) as follows:
'Qualified prisoners' may not include persons convicted of the following offenses: 16-3-210 (lynching); 16-3-610 (assault with a concealed weapon); 16-3-625 (resisting arrest with a deadly weapon); 16-3-656 (assault with intent to commit criminal sexual conduct); 16-11-110 (arson); 16-11-330 (attempted robbery with a deadly weapon); 16-11-312 (burglary); 16-15-395 (First degree sexual exploitation of a minor child).
Rep. ROGERS explained the amendment.
Rep. WALDROP moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 9 to 81.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\436\12066.DW), which was tabled.
Amend the report by the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, in Section 24-22-40, SECTION 1, page 883-2, line 6, by striking /by/ and on lines 6, 7, and 8, by striking /of three members of the Board of Probation, Parole and Pardon Services designated by the Board Chairman/ and inserting /by the Governor/.
Amend title to conform.
Rep. ROGERS explained the amendment.
Rep. WALDROP moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, G. Baker Brown, H. Burch, K. Canty Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, L. Fair Fulmer Gonzales Hallman Harris, J. Harrison Harwell Haskins Hendricks Houck Huff Hyatt Keegan Kinon Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis Meacham Phillips Quinn Rama Riser Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Brown, J. Byrd Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Inabinett Jennings Kempe Keyserling Kirsh Manly Martin, D. Mattos McCraw McElveen McLeod Neilson Rogers Rudnick Scott Taylor Tucker Waites Wilkes Williams, J. Young, R.
So, the amendment was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Baker Baxley Bennett Boan Brown, H. Brown, J. Burch, K. Canty Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jennings Keegan Kempe Kennedy Kinon Kirsh Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCraw McElveen McGinnis McLeod Meacham Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Vaughn Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Barber Glover Keyserling Neilson Rogers Waites Young, R.
So, the Bill, as amended, was read the second time and ordered to third reading.
I inadvertently voted nay as I meant to vote yea.
Rep. HARRIET KEYSERLING
Rep. SNOW moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4300 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING BETTY ROPER OF CLARENDON COUNTY ON HER INDUCTION INTO THE STATE BROADCASTERS HALL OF FAME.
H. 4302 -- Rep. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY IN AIKEN COUNTY UPON OPERATING TWO YEARS WITHOUT A LOST TIME INJURY.
H. 4303 -- Reps. Smith and Sharpe: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM AND ITS COACH FOR WINNING THE CLASS AA STATE FOOTBALL CHAMPIONSHIP FOR 1991 AND GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 20, 1992, FOR THE PURPOSE OF BEING RECOGNIZED.
At 5:15 P.M. the House in accordance with the motion of Rep. SNOW adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 8:46 A.M.