Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our gracious and good God, as we stand before You in these moments of prayer, may we feel Your presence moving upon our minds higher than our fondest thought, yet nearer to us than our very selves. Keep us faithful when others falter, still pursuing when others give up, hopeful when our most ambitious dreams seem as mocking images in the desert. Keep our integrity steadfast when the call of expediency assails our ears; cause us to labor on with determination for the enthronement of Your teachings which have no frontiers.
Hear us, Lord, as we pray in dependence upon You for guidance and support. 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 Friday, the SPEAKER ordered it confirmed.
Rep. R. YOUNG moved that when the House adjourns it adjourn in memory of Mr. Frank H. Stoll of Charleston, Rep. FULMER's father-in-law, which was agreed to.
The Senate sent to the House the following:
S. 1297 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DEACON JAMES DAVID RUTLEDGE OF SENECA UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1298 -- Senator Patterson: A CONCURRENT RESOLUTION CONGRATULATING OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JOHN L. SCOTT, JR., MEMBER OF THE HOUSE OF REPRESENTATIVES FROM RICHLAND COUNTY, UPON HIS ELECTION AS CHAIRMAN OF THE FRESHMAN CAUCUS IN THE HOUSE AND EXTENDING TO JOHN OUR BEST WISHES FOR GREAT SUCCESS IN THIS POSITION.
Whereas, the Honorable John L. Scott, Jr., represents the citizens of District 77 in the House of Representatives; and
Whereas, prior to his becoming a member of the General Assembly in 1991, John served with distinction on the Richland County Council, which service included his election as the council's vice chairman; and
Whereas, in the House of Representatives he has already, in a very short time, established a reputation for being industrious and energetic and for possessing a very high degree of integrity; and
Whereas, his fellow freshmen in the House have rewarded him for his outstanding abilities and his leadership qualities by electing him the chairman of the Freshman Caucus--a high honor and one which is greatly deserving of recognition. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That we, the members of the General Assembly of the State of South Carolina, by this resolution, congratulate our good friend and distinguished colleague in the General Assembly, the Honorable John L. Scott, Jr., member of the House of Representatives from Richland County, upon his election as chairman of the Freshman Caucus in the House and extend to John our best wishes for great success in this position.
Be it further resolved that a copy of this resolution be forwarded to the Honorable John L. Scott, Jr.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4422 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET.
Referred to Committee on Education and Public Works.
H. 4423 -- Reps. Manly, Rogers, Fulmer, Keyserling, Cato, Houck, Hallman, Kempe, Harwell, McKay, Riser, Baxley, Jaskwhich, M.O. Alexander, Wilkes, Neilson, Waites, Beatty, McGinnis, Jennings, Cromer, Phillips and L. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240 SO AS TO REQUIRE THAT ONE STANDARD HEALTH INSURANCE FORM MUST BE ACCEPTED FOR USE FROM HEALTH CARE PROVIDERS BY ALL ACCIDENT AND HEALTH INSURERS, INCLUDING HEALTH MAINTENANCE ORGANIZATIONS AND THIRD PARTY PAYERS, DOING BUSINESS AND PROVIDING HEALTH CARE COVERAGE OR REIMBURSEMENT IN THIS STATE, AND TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE THE FORM BY REGULATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4425 -- Reps. Altman, P. Harris, Houck, Manly, Rama, Tucker and White: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
Referred to Committee on Ways and Means.
S. 1286 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1438, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1288 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO WAREHOUSE SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1289 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO PUBLIC WEIGHMASTER LAW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1436, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SNOW, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4424 -- Reps. Manly, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO SECOND PRESBYTERIAN CHURCH OF GREENVILLE ON ITS CENTENNIAL CELEBRATION, 1892-1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Brown, G. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Cork Corning Delleney Elliott, L. Fair Farr Foster Hallman Harrelson Harris, P. Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Johnson, J.C. Keegan Kempe Kennedy Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Rama Riser Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Townsend Tucker Vaughn Waites Wells Whipper White Wilder 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 Tuesday, February 18.
Dell Baker David M. Beasley William D. Boan Henry E. Brown, Jr. Ralph W. Canty Kenneth S. Corbett Brenda H. Council James L. Cromer, Jr. Dick Elliott John G. Felder Larry E. Gentry Maggie W. Glover Jean L. Harris James H. Harrison C. Alex Harvin, III Thomas E. Huff Michael F. Jaskwhich Douglas Jennings, Jr. James W. Johnson, Jr. Harriet H. Keyserling Larry L. Koon Morgan Martin Joseph T. McElveen, Jr. E.B. McLeod, Jr. Richard M. Quinn, Jr. Thomas N. Rhoad Timothy F. Rogers Irene K. Rudnick Eugene C. Stoddard C. Lenoir Sturkie Levola S. Taylor Dave C. Waldrop, Jr. Timothy C. Wilkes
LEAVE OF ABSENCE
The SPEAKER granted Rep. FULMER a leave of absence.
The SPEAKER granted Rep. K. BURCH a leave of absence for the week.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 13.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.
The following Bill was taken up.
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
Rep. McGINNIS, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18841.SD), which was adopted.
Amend the bill, as and if amended, in Section 59-65-45 of the 1976 Code, as contained in Section 1, by inserting at the end of Section 59-65-45 the following new paragraph to read:
/By January thirtieth of each year, the South Carolina Association of Independent Home Schools shall report the number and grade level of children home schooled through the association to the children's respective school districts./
Amend title to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 1, Rep. WRIGHT having the floor.
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by the Committee on Education and Public Works.
Rep. WRIGHT explained the amendment.
Rep. BYRD spoke in favor of the amendment.
The amendment was then adopted.
Rep. WRIGHT proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18790.SD), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, in Section 1 by striking /for/ on line 25 of page [4005-1] and inserting /by/.
Amend title to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., February 18, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. WILKINS the invitation was accepted.
The following Bill was taken up.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
Debate was resumed on Amendment No. 1A, which was proposed on Thursday, February 13, by the Committee on Judiciary.
Rep. JENNINGS 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. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3624.AL), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 47-3-75. (A) An animal who is delivered to a veterinarian, dog kennel, cat kennel, animal hospital, other animal care facility, or to a person who boards domestic animals on his premises for a fee, may be transferred to an appropriate animal shelter ten days after the date the owner failed to pick up the animal as agreed to pursuant to a written contract or agreement. The animal may be transferred only if the written contract or agreement provides for the transfer.
(B) A person who boards animals of others as described in this section must post written notice of the provisions of this section at his place of business."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:
(R280) S. 853 -- Senators Saleeby and J. Verne Smith: AN ACT TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.
(R281) S. 1272 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.
(R282) H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: AN ACT TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO INCREASE THE AMOUNT OF THE BOND FROM FIVE THOUSAND TO EIGHT THOUSAND DOLLARS, AND PROVIDE THAT A DEPOSIT OF CASH IN THE AMOUNT OF EIGHT THOUSAND DOLLARS MAY BE ACCEPTED BY THE SECRETARY OF STATE IN LIEU OF THE BOND.
(R283) H. 3305 -- Rep. McElveen: AN ACT TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED PUBLIC INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN A POLICE INCIDENT REPORT OR AN EMPLOYEE'S SALARY SCHEDULE AND HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES MAY NOT BE UTILIZED FOR COMMERCIAL SOLICITATION AND TO PROHIBIT THE INTERPRETATION OF THIS PROVISION TO RESTRICT ACCESS BY THE PUBLIC AND PRESS TO INFORMATION CONTAINED IN PUBLIC RECORDS.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, February 25, which was adopted.
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
The following Bill was taken up.
S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.
Reps. BOAN and ROGERS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6164.HC), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1, and inserting:
/SECTION 1. Section 1-11-350 of the 1976 Code is repealed./
Amend title to conform.
The amendment was adopted.
The Bill, as amended, was read second time and ordered to third reading.
Rep. WILKINS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4368 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE BILLIE S. FLEMING OF MANNING FOR HIS THIRTY-TWO YEARS AS BRANCH PRESIDENT OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP), TO COMMEND HIM ON HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THIS STATE, AND TO INVITE HIM TO APPEAR BEFORE THE GENERAL ASSEMBLY AT A TIME CONVENIENT FOR HIM.
H. 4424 -- Reps. Manly, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO SECOND PRESBYTERIAN CHURCH OF GREENVILLE ON ITS CENTENNIAL CELEBRATION, 1892-1992.
At 12:40 P.M. the House in accordance with the motion of Rep. R. YOUNG adjourned in memory of Mr. Frank H. Stoll of Charleston, Rep. FULMER's father-in-law, to meet at 2:00 P.M. tomorrow.
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