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:
Almighty God, our Father, as we turn again to waiting tasks, may the confidence of those who believe in us, the spur of conscience to do our best, the commanding call to do Your will lead us on. Make service to our people to be motivated by Your gracious and all-wise will, stripped of all base motives or self-interest. Keep us steadfast in the fulfillment of Your high and holy purposes. So may Your will be done by us and in us, both this day and every day as we hear in assurance from Your Holy Word: "Thus says the Lord, as I was with Moses, so I will be with you: I will not fail you or forsake you" (Joshua 1:5). 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 question of a quorum was raised.
A quorum was later present.
The following were received and taken up for immediate consideration and accepted.
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Please refer to Jan Gerhart's letter of April 5, 1991, regarding the Legislative Appreciation Dinner to be held by The Electric Cooperatives of South Carolina on Tuesday, March 3, 1992.
The location of the function has been moved to THE SHERATON HOTEL AND CONVENTION CENTER AT THE INTERSECTION OF I-20 AND BUSH RIVER ROAD IN COLUMBIA.
As previously scheduled, the social hour will begin at 6:00 P.M. followed by dinner at 7:00 P.M.
ALL MEMBERS AND ALL STAFF OF THE HOUSE ARE INVITED.
Thank you for your assistance in scheduling this event.
Sincerely,
Al J. Ballard
Executive Vice President
July 30, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the members of the S.C. Chapter of the National Association of Social Workers, I would like to extend an invitation for the members of the S.C. House of Representatives to be our guests at a Legislative Reception in their honor on Wednesday, March 4, 1992 from 6:00 o'clock to 8:00 o'clock P.M. at the Marriott Hotel, Columbia.
We look forward to working with the S.C. House on matters that impact upon the quality of life for citizens of South Carolina.
Sincerely,
Kathryn Kidd, MSW
Chair, Education
Legislative Action
Network Committee
January 28, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Extension Homemakers Council has requested the use of the Rotunda for March 5, 1992, to invite the Senate and House Members of South Carolina to an informal breakfast, from 9:00 until 10:00 A.M. I spoke to Ms. Jeter on January 21 and she has made note of this date on the Calendar.
We appreciate your help with this and look forward to meeting and exchanging ideas with our Senators and House Members.
Yours truly,
JoAnn C. McCaskill
Pee Dee District EH Director
February 11, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Home Care Association would like to extend an invitation to all the members of the South Carolina House of Representatives to join us for lunch on Tuesday, March 10, 1992. The buffet luncheon will be served upon adjournment, in the atrium of the Columbia Marriott Hotel and will continue until 2:30 P.M.
As you know, home care represents a cost-effective means of delivering health care to patients who may be chronically ill, disable, or recovering from a recent acute illness, yet are able to be at home with their families when health care services are provided. Our members are looking forward to hearing the views of our legislators on home care and providing them with updated information about the concerns of patients throughout South Carolina.
We would like to request that you place our invitation on the House of Representatives' Calendar. If you should have any questions, please call our Executive Director, Donna Murphy, at 781-0926. Thank you for your attention to our request.
Sincerely,
Debbie Heatherly
President
January 3, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Rock Hill Area Chamber of Commerce and the other York County Chambers, I would like to extend a cordial invitation to the members of the House to attend the annual "York County Day" reception from 6:00 P.M. until 9:00 P.M. on Tuesday, March 10, 1992, at the Marriott on Hampton Street in Columbia.
We appreciate the committee's cooperation and helpfulness in the past, and we look forward to hearing from you concerning this upcoming event.
Should you have any questions, please call Rob Youngblood at 324-7500.
Sincerely,
Eddie Williams
Event Chairman
January 15, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Federation of Business and Professional Women of South Carolina, Inc. (BPW/SC) will be hosting its annual Legislative Conference at the Governor's House on the corner of Main and Lady Streets in Columbia on 11 March 1992, Wednesday. All South Carolina Legislators are invited as our guests for a buffet breakfast from 7:30 A.M. to 9:00 A.M. at the Governor's House.
Please reserve the breakfast function on the House Invitations Calendar.
BPW is a non-partisan organization whose objective since 1919 is to elevate the standards for women in business and in the professions and to promote the interests of business and professional women. Membership in this organization is open to persons of all races, religions, colors, sexes or national origins who are actively employed in a business or profession.
Request you let me know as soon as possible when our invitation has been placed on the House Invitations Calendar.
Sincerely,
Inez R. Angus
April 8, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
I'm writing to confirm our conversations regarding the annual legislative reception sponsored by the S.C. Association of School Administrators (SCASA).
Please reserve for the SCASA legislative reception Wednesday, March 11, 1992 from 6-7 P.M. at the Marriott Hotel in Columbia. If there is a problem in scheduling this date, please let me know.
All legislators and their spouses/guests will be invited to attend. Some legislative staff will be selected for invitation.
Please call me, 798-8380, with questions.
Erin Phillips
Director of Communications and Training
February 10, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Members of the South Carolina Petroleum Marketers Association cordially invite the Members of the House of Representatives and their staff to a reception in honor of the Members of the South Carolina General Assembly on Tuesday, March 17, 1992. The reception will be held at the Capitol City Club, 1201 Main Street, Columbia, South Carolina from 6:00 P.M. to 8:00 P.M.
We look forward to being with you on the 17th.
Sincerely
William T. Jarrell
President
January 22, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Department of Social Services County Directors and Supervisors Association wish to extend to the Members of the House an invitation to our Annual Legislative Drop-In to be held this year at the Marriott Hotel in Columbia on March 17, 1992 from 8-9 P.M.
We look forward each year to this occasion when we can visit informally and share with those who work so hard to meet the needs of the citizens of our State. It is a relationship that is cherished by all of us. We eagerly look forward to seeing you then.
Sincerely,
Chester J. Tomson, Jr.
County Director
February 18, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The members of the South Carolina Emergency Preparedness Association wish to extend an invitation to the House of Representatives and do hereby request that it be placed on the House Calendar. The date of our invitation is March 18, 1992, from 7:30 until 9:30 P.M.: Location; Ramada Hotel, Two Notch Road at I-77.
The purpose of our request to the House is to present a short orientation briefing of our charter as an association made up of the Emergency Preparedness Managers from the 46 counties in South Carolina. Following the presentation the members of the association will hold a hospitality hour and provide for individual interaction among the delegates, members and other attendees.
The South Carolina Emergency Preparedness Association is a group of professional Emergency Managers banded together to further enhance professional development through interaction one with the other. There are no registered lobbyist involved in our association, the members are employees of their respective counties.
The association Legislative Committee representative whose signature appears below is the local Columbia point of contact, telephone 254-9296.
We look forward to having all of you attend the March 18, 1992, presentation and hospitality event.
Sincerely,
Robert D. Martin, Member
SCEPA Legislative Committee
January 28, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Mental Retardation Foundation I am requesting that our Meatal Retardation Day reception be added to your Calendar.
Hosted by the S.C. Mental Retardation Foundation and other family organizations, the reception will be held March 18 from 6 to 7 P.M. at the Lace House. The reception will honor Marian and Frank Burke, parents of actor Chris Burke of "Life Goes On". Governor and Mrs. Carroll Campbell, Lt. Governor and Mrs. Nick Theodore, all members of the House of Representatives and Senate and their spouse/guest are invited. Formal invitations will be mailed in March.
Mrs. Campbell, Mrs. Theodore, and Mr. and Mrs. Burke will serve as honorary chairpersons for Mental Retardation Day at the state house earlier that day. A display of contracted work programs by people with mental retardation will be held in the lower lobby of the state house.
Rep. Foster, we look forward to seeing you and your colleagues at the state house and later at the reception.
Sincerely,
Nellie Claire Brown
Chairperson
S.C. Mental Retardation Foundation
February 10, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
In celebration of National Agriculture Day, South Carolina WIFE (Women Involved in Farm Economics) invites members of the South Carolina House of Representatives and staff to a finger food breakfast on Thursday, March 19, 1992, 8:30 - 10:30 A.M., first floor Lobby of the State House, Columbia, S.C.
Sincerely
Polly P. Marsh, President
S.C. WIFE
462 Mt. Olivet Rd.
Camden, S.C. 29020
January 10, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina School for the Deaf and the Blind will host a luncheon for all members of the House of Representatives and all members of the Senate as well as other friends of the agency on Wednesday, March 25, 1992.
The luncheon will be held in Room 208 of the Blatt Building beginning upon adjournment and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.
We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.
Sincerely yours,
Joseph P. Finnegan, Jr.
President
December 30, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
In our effort to comply with the ethics legislation, please accept this as your formal (and file) invitation to the Bird Supper. Please delete from your file any copy of an earlier invitation.
On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House of Representatives to be our guests at our annual Bird Supper, Wednesday, March 25, 1992 at the Ellison Building, State Fairgrounds, Columbia, South Carolina. Cocktails and dinner will be served a 8:00 P.M.
We look forward to this evening with our legislators.
Sincerely,
M. Graham Proffitt
President
July 8, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Society of Professional Engineers (SCSPE) and the Consulting Engineers of South Carolina (CESC) wish to extend an invitation to the South Carolina House of Representatives for a reception in their honor on Tuesday, March 31, 1992. This reception begins at 6:00 P.M. and lasts until 8:00 P.M., at the Columbia Museum of Art.
The location of the Reception has not been set at this time. As soon as we have decided on a definite location, I will let you know in ample time for House notification. Also, we will send formal invitations to House members.
SCSPE and CESC welcome this opportunity to express our appreciation to the state legislators. Through your hard work and dedication to the people of this state, South Carolina is emerging as a shining star of the South.
Sincerely,
SOUTH CAROLINA SOCIETY OF PROFESSIONAL ENGINEERS
CONSULTING ENGINEERS OF SOUTH CAROLINA
Joe S. Jones, III
Executive Director
The following was received and referred to the appropriate committee for consideration.
Document No. 1423
Promulgated By Department of Health and Environmental Control
NPDES Permits
Received By Speaker February 25, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 24, 1992
The following was received.
Columbia, S.C., February 25, 1992
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. 318 State Election Committee:
S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., February 26, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-267 by a vote of 44 to 0.
Very Respectfully,
President
No. 091
Received as information.
The following was received.
February 19, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval S. 988, R-267, an Act:
TO AUTHORIZE THE ANDERSON COUNT FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.
This veto is based upon an opinion of the Attorney General's Office dated February 18, 1992, which states in concluding:
"The act bearing ratification number 267 of 1992 authorizes the Anderson County Fire Protection Commission to appoint and commission fire investigators who shall have the full powers of law enforcement officers of Anderson County. The district is located wholly within Anderson County. Thus, S. 988, R-267 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the constitution of the State of South Carolina provides the '[n]o laws for a specific county shall be enacted.' Acts similar to S. 988, R-267 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
February 18, 1992
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of February 13, 1992, you have asked for the opinion of this Office as to constitutionality of S. 988, R-267, an act authorizing the Anderson County Fire Protection Commission to appoint and commission fire investigators. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. More over, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The act bearing ratification number 267 of 1992 authorizes the Anderson County Fire Protection Commission to appoint and commission fire investigators who shall have the full powers of law enforcement officers of Anderson County. A review of Act No. 294 of 1961, which created the Commission, shows that the fire district is located wholly within Anderson County. Thus, S. 988, R-267 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 988, R-267 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Ops. Atty. Gen. dated June 8, 1990 (unconstitutionality of act relative to the Anderson County Fire Protection Commission).
Based on the foregoing, we would advise that S. 988, R-267 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Chamblee Cooper Shirley Tucker
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.
On motion of Rep. BOAN, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.
The Joint Resolution was read the second time and ordered to third reading.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3905 -- Rep. J.W. Johnson: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO PURCHASERS IN WRITING ANY NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4165 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, BROKERS, AND MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1262 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1264 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF CERTIFICATES OF AUTHORITY GRANTED TO INSURERS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THE COMMISSIONER MAY ISSUE CERTAIN ORDERS WHEN AN INSURER IS IN AN UNSOUND OR HAZARDOUS CONDITION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4454 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE MARGARET D. JACKSON, CLARENDON COUNTY TREASURER, ON HER SELECTION AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF AUDITORS, TREASURERS AND TAX COLLECTORS, AND WISHING HER CONTINUED SUCCESS IN ALL OF HER ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4455 -- Rep. Baxley: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. RANDOLPH PEOPLES OF DARLINGTON COUNTY ON THE HAPPY OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4456 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. HERBERT HAYNES OF DORCHESTER COUNTY UPON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1304 -- Senators Saleeby, Land, Mullinax, Bryan, Pope, Lourie, Macaulay, McConnell, McGill, Nell W. Smith, Hinds, Holland, O'Dell, Stilwell, Fielding, Washington, Matthews, Moore and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION BEFORE ADOPTING A REFORM PACKAGE DEALING WITH MEDICAL INSURANCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1319 -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE HEATH HILL OF RICHLAND COUNTY FOR BEING THE STATE'S TOP CORN GROWER FOR 1991.
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. 4457 -- Reps. Cromer, Beatty, Keyserling, Neilson, Scott, Smith, Cobb-Hunter, Holt, Waites, Byrd, Stone, Wells, Inabinett, Manly, McGinnis and Lanford: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401 SO AS TO REQUIRE A CONSUMER CREDIT REPORTING AGENCY TO ACCURATELY REPORT INFORMATION, VERIFY AND UPDATE CONSUMER CREDIT INFORMATION WITHIN THIRTY DAYS BEFORE RELEASING THE INFORMATION, AND REFLECT SATISFACTION OF A JUDGMENT OR A JUDGMENT LIEN AGAINST A CONSUMER'S REALTY WITHIN THIRTY DAYS OF THE SATISFACTION, AND TO PROVIDE CIVIL LIABILITY FOR NONCOMPLIANCE.
Referred to Committee on Judiciary.
H. 4458 -- Reps. McLeod and Corning: A BILL TO AMEND SECTION 12-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAXES ON LICENSES GRANTED UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO DECREASE THE TAXES FOR A MANUFACTURER'S LICENSE.
Referred to Committee on Ways and Means.
H. 4459 -- Rep. Rudnick: A BILL TO AMEND SECTION 12-9-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING EXEMPTIONS, SO AS TO ALLOW A TAXPAYER TO CLAIM ADDITIONAL EXEMPTIONS PURSUANT TO REGULATIONS PROMULGATED BY THE SOUTH CAROLINA TAX COMMISSION AND TO REQUIRE THE COMMISSION TO PROMULGATE REGULATIONS FOR CLAIMING ADDITIONAL EXEMPTIONS.
Referred to Committee on Ways and Means.
H. 4460 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4461 -- Rep. Wilder: A BILL TO PROVIDE A PER DIEM ALLOWANCE FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT BOARD OF TRUSTEES IN BARNWELL COUNTY.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4462 -- Rep. McLeod: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 2 AND TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REAPPORTION THE ELECTION AREAS FROM WHICH THESE TRUSTEES ARE ELECTED.
Referred to Sumter Delegation.
H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO PROVIDE THAT THE SALES TAX EXEMPTION FOR RELIGIOUS PUBLICATIONS HELD UNCONSTITUTIONAL IN THE SOUTH CAROLINA SUPREME COURT CASE THAYER V. SOUTH CAROLINA TAX COMMISSION ONLY MAY BE APPLIED PROSPECTIVELY.
On motion of Rep. HASKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4464 -- Rep. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 77, TITLE 38 SO AS TO ESTABLISH A JOINT UNDERWRITING ASSOCIATION FOR AUTOMOBILE INSURANCE; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10, TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-57-130, RELATING TO MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES PROHIBITED IN INSURANCE CONTRACTS, SO AS TO DELETE THE PROHIBITION ON REBATES OR CERTAIN OTHER INDUCEMENTS; TO AMEND SECTION 38-73-457, RELATING TO FILING INFORMATION ON BASE RATES, SO AS TO REVISE THE REQUIREMENTS FOR FILING AND INCLUDE PROVISIONS FOR PREFERRED RATES, STANDARD RATES, AND SUBSTANDARD RATES; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO PLANS FOR CREDITS OR DISCOUNTS TO AUTOMOBILE INSUREDS, SO AS TO DELETE THE PROVISIONS AUTHORIZING THE PLANS TO BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-750, AS AMENDED, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE PLANS FOR ALLOCATING EXPENSES AND PROFIT, SO AS TO DELETE THE REFERENCES TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS FOR THE AUTOMOBILE INSURANCE BUSINESS, SO AS TO DELETE THE REFERENCE TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO AUTOMOBILE INSURANCE, SO AS TO DELETE THE DEFINITION OF REINSURANCE FACILITY; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE REQUIREMENT FOR AN APPLICANT AND POLICYHOLDER TO HAVE A DRIVER'S LICENSE, SO AS TO DELETE REFERENCES TO REPEALED CODE SECTIONS; TO AMEND SECTION 38-77-285, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES FOR AN INSURED'S AUTOMOBILE MUST BE IN ONE POLICY, SO AS TO PROVIDE FOR THE REQUIREMENT TO APPLY TO INDIVIDUAL PASSENGER AUTOMOBILES INSTEAD OF VEHICLES CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO THE PROHIBITION ON AN INSURER'S AND AGENT'S REFUSAL TO ACCEPT INSURANCE, SO AS TO DELETE PROVISIONS REQUIRING RISKS TO BE ACCEPTED BY AN INSURER; TO AMEND SECTION 56-9-350, RELATING TO THE VERIFICATION OF INSURANCE COVERAGE FOLLOWING CERTAIN ACCIDENTS, SO AS TO REVISE THE REQUIREMENTS FOR VERIFICATION; TO AMEND SECTION 56-10-10, RELATING TO SECURITY ON REGISTERED VEHICLES, SO AS TO LIMIT ITS APPLICATION TO CERTAIN DRIVERS; TO AMEND SECTION 56-10-220, RELATING TO THE INSURANCE REQUIREMENT FOR A VEHICLE SOUGHT TO BE REGISTERED, SO AS TO PROVIDE FOR APPLICATION OF THE SECTION TO PERSONS REQUIRED TO PROVIDE SECURITY ON A VEHICLE; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENTS UPON LOSS OF INSURANCE, SO AS TO PROVIDE FOR APPLICATION OF THE SECTION TO VEHICLES FOR WHICH SECURITY IS REQUIRED AND DELETE THE PROVISION REFERENCING THE OBJECTIVE STANDARDS TEST; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF UNINSURED VEHICLES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VIOLATIONS OF CHAPTER 10, TITLE 56; TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING PROGRAMS, SO AS TO PROVIDE FOR STUDENTS ISSUED A BEGINNER'S PERMIT OR SPECIAL RESTRICTED LICENSE TO COMPLETE THE PROGRAM BEFORE THEY RECEIVE A DRIVER'S LICENSE, PROVIDE FOR THE STATE BOARD OF EDUCATION TO ESTABLISH MINIMUM GUIDELINES, AND PROVIDE FOR ADDITIONAL FUNDS TO IMPLEMENT AND MAINTAIN THE PROGRAMS; TO REPEAL SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-460, RELATING TO THE EFFECT ON RATES OF GAINS AND LOSSES BY THE FACILITY, SECTIONS 38-73-1420 AND 38-73-1425, RELATING TO THE REINSURANCE FACILITY, SECTION 38-77-10, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE PROVISIONS, SECTIONS 38-77-110, 38-77-111, 38-77-115, 38-77-145, AND 38-77-280, RELATING TO THE MANDATE TO WRITE AUTOMOBILE INSURANCE POLICIES, AND SECTIONS 38-77-930, 38-77-940, 38-77-950, AND 38-77-960 AND ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE REINSURANCE FACILITY; AND TO PROVIDE FOR THE FACILITY TO END OPERATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4465 -- Reps. Rama, Fulmer, Wright, Riser, Sturkie and Cork: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY IN REGARD TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO AUTHORIZE THE ISSUANCE OF LICENSES TO SELL AND CONSUME ALCOHOLIC LIQUORS AND BEVERAGES BY THE DRINK AFTER BEING POURED FROM BOTTLES OF SEVEN HUNDRED FIFTY MILLILITERS OR MORE IN THOSE BUSINESS ESTABLISHMENTS AND NONPROFIT ORGANIZATIONS NOW PERMITTED TO SERVE ALCOHOLIC LIQUORS AND BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS AND TO DELETE THE AUTHORITY TO GRANT LICENSES TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS.
Referred to Committee on Labor, Commerce and Industry.
H. 4466 -- Reps. Rama, Fulmer, Hallman, R. Young, Jaskwhich, Whipper, D. Martin and Inabinett: A BILL TO AMEND SECTION 4-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX CREDIT IN COUNTIES IMPOSING THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT THE FORMULA USED TO DETERMINE THE CREDIT MUST BE BASED ON ASSESSED PROPERTY RATHER THAN APPRAISED PROPERTY.
Referred to Committee on Ways and Means.
H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
On motion of Rep. McTEER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4468 -- Reps. McLeod, Rogers and Stone: A JOINT RESOLUTION TO DIRECT THE GOVERNOR'S OFFICE TO PREPARE, UPDATE, AND PROVIDE TO THE PUBLIC UPON REQUEST A MANUAL SETTING FORTH THE PERMITTING REQUIREMENTS FOR EACH BUSINESS WHICH SHALL OBTAIN A PERMIT FOR OPERATION FROM A STATE AGENCY.
Referred to Committee on Invitations and Memorial Resolutions.
H. 4469 -- Reps. McLeod, Shirley, Rogers, Wofford, Scott, Bennett, J. Brown, Byrd and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-95 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONSTRUCT SPEED BUMPS IN CERTAIN LOCATIONS.
Referred to Committee on Education and Public Works.
S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
Referred to Committee on Judiciary.
S. 1109 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
Referred to Committee on Education and Public Works.
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. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Stone Sturkie 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, February 26.
June S. Shissias Larry E. Gentry C. Alex Harvin, III Larry L. Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. COUNCIL a temporary leave of absence.
Announcement was made that Dr. Gerald E. Harmon of Georgetown is the Doctor of the Day for the General Assembly.
Rep. DELLENEY presented the Great Falls High School Red Devils Football Team, Winners of the 1991 State Class 1-A Championship, and coaches.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.
H. 4385 -- Reps. Fair, Vaughn, Cato and Clyborne: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE CANDIDATE RECEIVING THE MAJORITY OF VOTES RATHER THAN THE HIGHEST NUMBER IS ELECTED.
H. 4140 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.
The following Bill was taken up.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\DKA\3658.SD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 29-5-20 of the 1976 Code is amended to read:
"Section 29-5-20. (A) Every laborer, mechanic, subcontractor, or person furnishing material for the improvement of real estate when the improvement has been authorized by the owner has a lien thereon, subject to existing liens of which he has actual or constructive notice, to the value of the labor or material so furnished, including the costs of the action and a reasonable attorney's fee which must be determined by the court in which the action is brought but only if the party seeking to enforce the lien prevails. If the party defending against the lien prevails, the defending party must be awarded costs of the action and a reasonable attorney's fee as determined by the court. The fee and the court costs may not exceed the amount of the lien. The lien may be enforced as herein provided.
(B) In no event shall the aggregate amount of any liens filed by a sub-subcontractor or supplier exceed the amount due by the contractor to the subcontractor to whom the sub-subcontractor or supplier has supplied labor, material, or services at the time the sub-subcontractor or supplier has provided notice of intent to lien by certified or registered mail to the contractor. Such notice of intent to lien shall include:
(1) the name of the sub-subcontractor or supplier who claims payment;
(2) the name of the person with whom the claimant contracted or by whom he was employed;
(3) a description of the labor, services, or materials furnished and the contract price or value thereof. Materials specially fabricated by a person other than the one giving notice and the contract price or value thereof shall be separately stated in the notice;
(4) a description of the project where labor, services, or materials were used sufficient for identification;
(5) the date when the first and the last item of labor or service or materials was actually furnished or scheduled to be furnished; and
(6) the amount claimed to be due, if any.
After receiving such notice, no payment by the contractor to the subcontractor will lessen the amount recoverable by the person so giving notice. However, in no event shall the total aggregate amount of liens on the improvement exceed the amount due by the owner.
(B)(C) Not less than fifteen days before the first term of court at which the trial is set, either party may file and serve on the other party an offer of settlement, and within ten days thereafter the party served may respond by filing and serving his offer of settlement. The offer shall state that it is made under this section and specify the amount, exclusive of interest and costs, which the party serving the offer is willing to agree constitutes a settlement of the lien. The offer supersedes any offer previously made under this section by the same party.
An offer of settlement is considered rejected unless an acceptance in writing is filed and served on the party making the offer five days before the commencement of the term.
If the offer is rejected, it may not be referred to for any purpose at the trial, but may be considered solely for the purpose of awarding costs and litigation expenses under this section.
If a written offer of settlement is made by both parties, the party whose offer is closer to the verdict reached is considered the prevailing party in the action. If the difference between both offers and the verdict is equal, neither party is considered to be the prevailing party for purposes of determining the award of costs and attorney's fees. If the plaintiff makes no written offer of settlement, the amount prayed for in his complaint is considered to be his final offer of settlement for purposes of this section.
If the defendant makes no written offer of settlement, his offer of settlement is considered to be zero."
SECTION 2. Section 29-5-60 of the 1976 Code is amended to read:
"Section 29-5-60. (A) In the event the amount due the contractor by the owner shall be is insufficient to pay all the lienors acquiring liens as herein provided it shall be is the duty of the owner to prorate among all just claims the amount due such the contractor.
(B) In the event the amount due a subcontractor by the contractor is insufficient to pay all the lienors acquiring liens under Section 29-5-20 as a result of supplying labor, materials, or services to that subcontractor, all just liens must be prorated by the contractor among sub-subcontractors and suppliers to that subcontractor."
SECTION 3. The 1976 Code is amended by adding:
"Section 29-5-23. Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the Clerk of Court or Register of Mesne Conveyances in the county or counties where the real property is situate a Notice of Project Commencement. The Notice of Project Commencement shall contain the following information:
(1) the name and address of the person filing the Notice of Commencement;
(2) the name and address of the owner or developer;
(3) a general description of the improvement; and
(4) the location of the project.
The notice must be filed within fifteen days of the commencement of work and must be accompanied by a filing fee of fifteen dollars to be deposited in that county's general fund. The failure to file a Notice of Project Commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable. The filing of a Notice of Project Commencement shall not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor shall it alter the aggregate amounts of liens allowable under Section 29-5-40, nor shall it affect the priority of any mortgage filed before or after the notice, nor shall it affect any future advances under any mortgage. The Clerk of Court or Register of Mesne Conveyances in each county shall maintain a separate book and index of all notices of project commencements."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. NETTLES moved to adjourn debate upon the Bill until Tuesday, March 3, which was adopted.
The following Bill was taken up.
H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 25, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2191.AC).
Amend the bill, as and if amended, by deleting Section 2 of the bill and inserting:
/SECTION 2. Section 9-11-210(1) of the 1976 Code, as last amended by Act 424 of 1988, is further amended to read:
"(1) Each Class One member shall contribute to the System twenty-one dollars a month during his service after becoming a member and such increase in the contribution so as to be equivalent to the four and thirty-nine one-hundredths percent increase in contribution required of Class Two members by this subsection. Each Class Two member shall contribute to the System six and one-half ten and eighty-nine one-hundredths percent of his compensation."/
Amend title to conform.
Rep. BOAN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. BOAN having the floor.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., February 26, 1992
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. 1017:
S. 1017 -- Senator Drummond: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MEET "AT ITS OFFICES IN COLUMBIA" AND PROVIDE INSTEAD THAT THE COMMISSION MEET AT PLACES AS THE COMMISSION DETERMINES; TO AMEND SECTION 7-17-70, RELATING TO COUNTY BOARDS OF CANVASSERS AND THE HEARING OF APPEALS BY THE BOARD OF STATE CANVASSERS UNDER THE ELECTION LAWS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD MEET "IN COLUMBIA" FOR THIS PURPOSE; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS AFTER A GENERAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MEET "AT THE OFFICE OF THE ELECTION COMMISSION".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4470 -- Reps. M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A HOUSE RESOLUTION TO COMMEND JOHN TREMAIN AND THE GREENVILLE AND NORTHERN RAILROAD IN THEIR EFFORTS TO PROMOTE THE RAILROAD INDUSTRY IN GREENVILLE, SOUTH CAROLINA.
The Resolution was adopted.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3010 -- Rep. Kirsh: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 359 -- Senators Passailaigue, Rose and Martschink: A BILL TO AMEND CHAPTER 25, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE ELECTION LAWS, BY ADDING SECTION 7-25-200, SO AS TO PROHIBIT A CANDIDATE IN ANY ELECTION FROM ACCEPTING MONEY TO FILE FOR OR WITHDRAW FROM CANDIDACY; AND TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES; AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments on:
H. 3681 -- Reps. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3897 -- Reps. Quinn, Harrison, Rogers, T.C. Alexander, Waites and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 39 SO AS TO MAKE IT UNLAWFUL TO SELL TOBACCO PRODUCTS BY VENDING MACHINES IN ANY PUBLIC PLACE THAT IS PREDOMINANTLY FREQUENTED OR USED BY PERSONS UNDER THE AGE OF EIGHTEEN, PROVIDE THAT A MUNICIPALITY AND COUNTY ENFORCE THE PROVISIONS OF THIS CHAPTER, PROVIDE PENALTIES FOR VIOLATION, AND TO INVALIDATE ORDINANCES AND REGULATIONS ADOPTED BY MUNICIPALITIES, COUNTIES, AND POLITICAL SUBDIVISIONS BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4191 -- Reps. Cork and Keyserling: A BILL TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAND BANK COMMISSION, PROVIDE FOR THE SOURCE OF FUNDING FOR THE PURPOSES AND OBJECTIVES OF SUCH COMMISSION, PROVIDE FOR AN EXEMPTION FROM THE PROVISIONS OF THIS ACT, REQUIRE AND PROVIDE FOR A REFERENDUM APPROVING A LAND BANK COMMISSION BEFORE THE ORDINANCE ESTABLISHING SUCH COMMISSION MAY BE IMPLEMENTED, PROVIDE FOR FUTURE REFERENDUMS AFTER THE INITIAL REFERENDUM, PROVIDE FOR THE REPEAL OF SUCH ORDINANCE WITHOUT THE NECESSITY OF REFERENDUM APPROVAL, AND PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE SPECIFIED PERCENTAGE APPROVED AT THE REFERENDUM PROVIDED FOR IN THIS ACT WITHOUT THE NECESSITY OF REFERENDUM APPROVAL.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4471 -- Reps. P. Harris, Carnell, McAbee, Klapman and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER SENATOR P. BRADLEY MORRAH, JR., OF GREENVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the Honorable P. Bradley Morrah, Jr., of Greenville, a former member of the South Carolina Senate and House of Representatives, died on February 17, 1992, at the age of seventy-six; and
Whereas, in 1936, he graduated from The Citadel, where he lettered in basketball and track, and, in 1939, he graduated from Duke University Law School; and
Whereas, he served in the House of Representatives from Greenville County in 1941 and again from 1947 to 1948, and he represented Greenville County in the Senate from 1953 to 1966; and
Whereas, he was a very highly respected member of the General Assembly and was a distinguished practicing attorney, having served as president of the Greenville County Bar Association; and
Whereas, he served as chairman of the South Carolina American Revolution Bicentennial Commission and the United States Constitution Bicentennial Commission of South Carolina; and
Whereas, he served in the Second World War, attained the rank of major in the Army, and received the Bronze Star and seven battle stars; and
Whereas, he contributed greatly of his time, talents, and energy to many civic organizations and causes and dedicated a large part of his life to public service; and
Whereas, he was one of the most-respected, best-liked officeholders ever in the State, a giving and caring man, and a true gentleman, and he will be missed terribly by his countless friends; and
Whereas, we want his family and his friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of former Senator P. Bradley Morrah, Jr., of Greenville and extend sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Senator Morrah's family in care of his son, Bradley Morrah, III, of Greenville.
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. 4472 -- Reps. Kirsh, Huff, Beatty, Kempe and R. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
On motion of Rep. HUFF, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4473 -- Reps. Sturkie, Corbett, Wilkes, Manly, Hallman, Sharpe, Stone, Wright, Rama, Riser, Quinn, Kempe, J. Bailey, Bennett, Wells, Waites, Hodges, Harrison, Haskins, Huff, Altman and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: A BILL TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4475 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE MARION AND DEE WHALEY OF RICHLAND COUNTY UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO WISH THEM MANY MORE HAPPY YEARS TOGETHER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. BOAN having the floor.
H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Debate was resumed on Amendment No. 2, by Rep. BOAN.
Rep. BOAN relinquished the floor.
Rep. CARNELL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 38 to 18.
The Bill was read the second time and ordered to third reading.
This was a division vote, and I voted against tabling the Boan amendment because I objected to putting this financial burden on local government.
Rep. CANDY WAITES
February 26, 1992
I voted "NAY" on the voice vote, passing H. 4274. This was not a vote against law enforcement, but rather one to be mindful of our State's financial condition. This Bill will cost state and local Government $25 million dollars in year 14. Also, it would further disproportionately one group of public employees differently from others. These employees already have the benefit of 25-year early retirement. In these lean financial times, we must be fiscally consistent.
Rep. JAMES L. CROMER
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO REVISE THESE DEFINITIONS; TO AMEND SECTION 44-22-60, RELATING TO RIGHTS OF PATIENTS UPON ADMISSION TO A FACILITY, SO AS TO CLARIFY THAT RIGHTS OF PATIENTS APPLY WHEN ADMITTED TO A DEPARTMENT OF MENTAL HEALTH FACILITY RATHER THAN TO ANY MENTAL HEALTH RESIDENTIAL PROGRAM; TO AMEND SECTION 44-22-70, RELATING TO INDIVIDUALIZED TREATMENT PLANS, SO AS TO PROVIDE THAT SUCH PLAN MUST BE REVIEWED IN A LONG-TERM CARE FACILITY EVERY NINETY DAYS RATHER THAN EVERY SIXTY DAYS; TO AMEND SECTION 44-22-100, RELATING TO CONFIDENTIALITY OF RECORDS, CERTIFICATES, APPLICATIONS, AND REPORTS, SO AS TO CLARIFY THAT THIS CONFIDENTIALITY EXTENDS TO CERTAIN OTHER CHAPTERS IN TITLE 44; TO AMEND SECTION 44-22-120, RELATING TO CERTAIN RIGHTS THAT PATIENTS ARE ASSURED, SO AS TO INCLUDE THE RIGHT TO CARE FOR ONE'S OWN CLOTHING WHEN ABLE TO DO SO AND TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY WHEN A PATIENT IS DISCHARGED; TO AMEND SECTION 44-22-150, RELATING TO MECHANICAL RESTRAINTS ON PATIENTS, SO AS TO PROVIDE THAT THE RESTRAINTS MUST BE REMOVED EVERY TWO HOURS; TO AMEND SECTION 44-22-210, RELATING TO A PATIENT'S TEMPORARY LEAVE OF ABSENCE, SO AS TO EXTEND THE LIMITATION ON SUCH A LEAVE FROM FOURTEEN TO NINETY DAYS; AND TO REPEAL SECTIONS 44-17-650, 44-23-1010, 44-23-1060, AND 44-52-180 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.
Rep. WOFFORD explained the Bill.
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
Rep. WALDROP explained the Bill.
The following Joint Resolution was taken up.
S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.
Rep. WOFFORD explained the Joint Resolution.
Rep. M. MARTIN moved to adjourn debate upon the Joint Resolution until Wednesday, March 4, which was adopted.
Rep. M. MARTIN moved to adjourn debate upon the following Bill until Wednesday, March 4, which was adopted.
S. 1200 -- Senators Nell W. Smith, Moore and Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.
The following Joint Resolution was taken up.
H. 4117 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO AUTHORIZE THE SUPREME COURT, AFTER HEARING, TO REMOVE ANY JUDGE FROM OFFICE UPON A FINDING OF MISCONDUCT IN OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 17, Article V of the Constitution of this State be amended to read:
"Section 17. Within the unified court system, the Supreme Court shall have has the power, after hearing, to remove or retire any judge from office upon a finding of misconduct in office or to retire any judge upon a finding of disability seriously interfering with the performance of his duties which is, or, likely to become, of a permanent character. A justice shall may not sit in any hearing involving his own removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 17, Article V of the Constitution of this State be amended so as to authorize the Supreme Court, after hearing, to remove any judge from office upon a finding of misconduct in office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, 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 Beasley Beatty Bennett Boan Brown, H. Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cork Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Haskins Hodges Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kirsh Klapman Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. McAbee McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Sheheen Shirley Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Rep. J. WILLIAMS explained the Bill.
Rep. HOLT spoke against the Bill.
Rep. WOFFORD spoke against the Bill as follows:
Mr. Speaker, Ladies, and Gentleman:
I feel compelled to explain to you, my opposition to this piece of legislation.
The people of District 92, the District I represent, and over 400 others throughout Berkeley County signed a petition expressing their opposition to this action.
It was not for reasons of political make up of delegation members that they are opposed, it was simply that they do not want to be a part of Charleston County and that is exactly what this bill does. It carves a small section of Berkeley County out and puts it into Charleston County.
Additionally, it will remove myself and a Senator and replace them with House and Senate representation from Charleston. While I am a novice regarding the reapportionment process we are now going through, I fully understand the annexation of a small portion of one County to another. This is a dangerous precedent we are about to set right in the middle of reapportionment. Because when reapportionment is over the representation will again be changed. Which one will be legal?
The residents are concerned that once Charleston is on our side of Hwy. 78, that it will become easier to annex more of Berkeley County and this, along with the reapportionment changes, is why I am so strongly opposed to this piece of legislation.
On behalf of over 400 citizens of Berkeley County, as the State Representative of District 92;
I MUST OBJECT TO THIS BILL!!!
Reps. HOLT, WHIPPER, D. MARTIN, BARBER and J. BAILEY objected to the Bill.
The following Bill was taken up.
H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18835.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. Section 14-1-216 of the 1976 Code, as added by Part III, Section 4 of Act 610 of 1990, is amended to read:
"Section 14-1-216. No active family court judge may be assigned to preside over any official proceeding in the circuit court except that the Chief Justice may appoint an active family court judge as a special circuit court judge to accept grand jury presentments and to accept and impose sentences for pleas of guilty and nolo contendere."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12136.DW), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 5-15-145. (A) Municipalities are authorized to transfer authority for conducting municipal elections to the county elections commission. County elections commissions are authorized to conduct municipal elections.
(B) As a condition of the transfer of authority to conduct elections pursuant to this section, the governing bodies of the municipality and the county must agree to the terms of the transfer and enact ordinances embodying the terms of that agreement. The municipal ordinance must state what authority is being transferred and the county ordinance must accept the authority being transferred."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read second time and ordered to third reading.
Rep. KLAPMAN moved that the House recede until 1:30 P.M.
Rep. BAKER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4454 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE MARGARET D. JACKSON, CLARENDON COUNTY TREASURER, ON HER SELECTION AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF AUDITORS, TREASURERS AND TAX COLLECTORS, AND WISHING HER CONTINUED SUCCESS IN ALL OF HER ENDEAVORS.
H. 4455 -- Rep. Baxley: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. RANDOLPH PEOPLES OF DARLINGTON COUNTY ON THE HAPPY OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
H. 4456 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. HERBERT HAYNES OF DORCHESTER COUNTY UPON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
H. 4471 -- Reps. P. Harris, Carnell, McAbee, Klapman and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER SENATOR P. BRADLEY MORRAH, JR., OF GREENVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4475 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE MARION AND DEE WHALEY OF RICHLAND COUNTY UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO WISH THEM MANY MORE HAPPY YEARS TOGETHER.
At 11:45 A.M. the House in accordance with the motion of Rep. BAKER adjourned to meet at 10:00 A.M. tomorrow.
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