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:
Our Father in Heaven, we are grateful for these daily moments of prayer as in communion with You, the swift pace of our lives is halted and the fevers of haste waste away. As we wait patiently on You, we see more clearly, think more truly, and make decisions more wisely. Above all our desires which are so often tinged by self-interest, we would find Your way. Give us a faith to live by, a self fit to live with, and a cause worthy to live for. Keep us close to You lest in foolish futility we build on sinking sand rather than on Him Who is the eternal Rock of ages.
Hear us, good Lord, as we pray in thankfulness. 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 Pro Tempore.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
February 13, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
You and your colleagues in the House are cordially invited to attend a reception in your honor, on Wednesday, March 25, 1992 from 6:00 P.M. to 8 P.M. at Stadium Place, 1200 Bluff Road in Columbia. We have also invited the members of the Senate, the Governor, Lt. Governor and their Executive Council members.
We will be mailing invitations to each member, as well as encouraging our industry representatives to contact members personally. Please let me know if there are any other ways we might publicize the event within the legislative community... a calendar, perhaps?
Additionally, if anyone schedules a dinner for the same night as the SPI reception, please let us know. We would like to contact them and see about coordinating our respective schedules.
Please advise me if you need further information. My direct line is 202/371-5246.
Sincerely yours,
Drew Fleming
Manager, Eastern Section
The following were received and referred to the appropriate committee for consideration.
Document No. 1448
Promulgated By Coastal Council
Permitting Groins
Received By Speaker February 26, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date June 25, 1992
Document No. 1439
Promulgated By Department of Agriculture
Repeal of Article 16. Supervision and regulation of milk and milk products.
Received By Speaker February 26, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date June 25, 1992
The following was received.
Document No. 1390
Promulgated By Environmental Certification Board.
Biological wastewater treatment plant operators, physical/chemical wastewater treatment plant operators and water treatment plant operators
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Revised expiration date May 10, 1992
Withdrawn and resubmitted February 26, 1992
Received as information.
The question of a quorum was raised.
A quorum was later present.
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 requests the return of: S. 555
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.
Very respectfully,
President
No. 105
The House refused to return S. 555 to the Senate and a message was ordered sent to the Senate.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4268 -- Reps. G. Brown, Felder, Snow, Bennett and McLeod: A BILL TO AMEND SECTION 56-5-4185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE SIZE REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4280 -- Rep. Snow: A BILL TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4282 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4283 -- Rep. Snow: A BILL TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 616 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4476 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JIM SMITH OF ANDERSON UPON BEING NAMED THE ANDERSON AREA CHAMBER OF COMMERCE'S 1991 SMALL BUSINESS PERSON OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4477 -- Reps. D. Williams, J. Bailey, Holt, Cromer, Scott, Wofford, Stoddard, Littlejohn, Meacham, Inabinett, Wilder, Fair, Haskins, Hyatt and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR VENEREAL DISEASES AND PROVIDE REQUIREMENTS FOR THE CERTIFICATES AND PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4478 -- Rep. Waldrop: A BILL TO AMEND SECTION 40-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EMPLOYED TO PATROL, GUARD, OR RENDER SIMILAR SERVICES ON CERTAIN PROPERTY HAVING THE AUTHORITY WHICH SHERIFFS HAVE TO MAKE ARRESTS ON THAT PROPERTY SO AS TO PROVIDE THAT ANY PERSON ARRESTED AS PROVIDED BY THIS SECTION MAY BE TRANSPORTED BY THE ARRESTING AUTHORITY AND DELIVERED TO THE PROPER AUTHORITIES FOR BOOKING AND BONDING PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
On motion of Rep. JENNINGS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Rep. CARNELL asked unanimous consent to have the Bill placed on the Calendar without reference. Rep. KLAPMAN objected.
Referred to Committee on Ways and Means.
H. 4482 -- Reps. Jaskwhich, Wright, Wilkins, McGinnis and Phillips: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED FOR HIGH SCHOOL DIPLOMAS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT MAY REQUIRE ADDITIONAL UNITS FOR DIPLOMAS FROM THE HIGH SCHOOLS IN THE DISTRICT ABOVE THE MINIMUM REQUIREMENTS AS PROVIDED BY THIS SECTION.
Referred to Committee on Education and Public Works.
H. 4483 -- Reps. J. Bailey, Fulmer, Barber, Hallman, Rama, Holt and R. Young: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF COURTS OVER A JUVENILE, SO AS TO REQUIRE THAT A JUVENILE FOURTEEN YEARS OF AGE OR OLDER WHO COMMITS A CRIME THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT MUST BE TRIED AS AN ADULT IN THE COURT OF GENERAL SESSIONS; TO AMEND SECTION 20-7-780, RELATING TO THE CONFIDENTIALITY OF FINGERPRINT RECORDS OF A JUVENILE, SO AS TO PROVIDE THAT JUVENILES DETAINED FOR OFFENSES THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT MUST BE PHOTOGRAPHED AND FINGERPRINTED AND THE RECORDS MAY BE TRANSMITTED TO THE STATE LAW ENFORCEMENT DIVISION, THE FEDERAL BUREAU OF INVESTIGATION, OR OTHER LAW ENFORCEMENT AGENCIES; AND TO AMEND SECTION 20-7-2170, RELATING TO COMMITMENT OF A JUVENILE, SO AS TO PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A FELONY MAY BE SENTENCED BASED ON STANDARDS USED FOR AN ADULT, AND MUST BE HELD IN A MAXIMUM SECURITY FACILITY FOR JUVENILES UNTIL HE REACHES EIGHTEEN YEARS OF AGE.
Referred to Committee on Judiciary.
S. 892 -- Senator Russell: A BILL TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO DELETE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT.
On motion of Rep. WELLS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1287 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. BENNETT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 4481 -- Reps. Altman, Anderson, K. Burch, Byrd, Fair, Farr, Glover, Jaskwhich, J.C. Johnson, Keegan, Kennedy, Marchbanks, Phillips, Stoddard, Townsend, D. Williams and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. FRANK H. STOLL OF CHARLESTON UPON HIS DEATH.
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. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Cork Council Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, February 27.
James J. Bailey Don N. Holt, Jr. Thomas E. Huff Roland S. Corning Larry E. Gentry Joe E. Brown Ralph W. Canty E. B. McLeod, Jr. C. Alex Harvin, III James L. Cromer
LEAVES OF ABSENCE
The SPEAKER Pro Tempore granted Reps. HARRISON and HENDRICKS a leave of absence for the day.
The SPEAKER Pro Tempore granted Rep. SHEHEEN a leave of absence due to representing the House in court hearings.
Announcement was made that Dr. John Evans of Greenville is the Doctor of the Day for the General Assembly.
Rep. J. BROWN moved that when the House adjourns it adjourn in memory of Ms. Dana Bynoe, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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 following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
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.
Reps. WILKINS, HODGES, D. MARTIN and WILDER, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12180.DW), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
SECTION ____. Section 1-1-730 of the 1976 Code is amended to read:
"Section 1-1-730. The United States Census of 1980 1990 is hereby adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other governmental political subdivisions of the this State of South Carolina."
SECTION ____. Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon May seventeenth and noon June first.
SECTION ____. Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June first.
SECTION ____. Notwithstanding the provisions of Section 7-13-40, Code of Laws of South Carolina, 1976, for 1992 only, the date for primary elections is the second Tuesday in August./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 3.
As and if amended,
To amend to move the primary date to the "fourth Tuesday" in August.
Rep. CORNING explained the amendment.
Rep. HODGES spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4484 -- Reps. Cromer and McAbee: A BILL TO AMEND SECTION 56-5-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC REGULATION, GENERAL RULES AS TO MAXIMUM SPEED LIMITS, THE PROVISION THAT LOWER SPEEDS MAY BE REQUIRED, CREDITING PORTIONS OF CERTAIN FINES TO THE STATE HIGHWAY FUND, AND EXPENDITURE OF THOSE FUNDS, SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONSIDER, WITH RESPECT TO THE EXPENDITURE OF THE FUNDS, ONLY THE NEED FOR ADDITIONAL STATE TROOPERS AND THE UPGRADING OF THEIR SALARIES, RATHER THAN "FIRST CONSIDER THE NEED FOR ADDITIONAL HIGHWAY PATROLMEN".
Referred to Committee on Education and Public Works.
H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
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.
Debate was resumed on Amendment No. 3, by Rep. CORNING.
Rep. CORNING spoke in favor of the amendment.
Rep. RUDNICK spoke against the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 60 to 32.
Rep. CARNELL proposed the following Amendment No. 4, which was tabled.
As and if amended,
By striking all reference to the filing period for all candidates.
Rep. CARNELL explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 59 to 23.
Rep. HODGES explained the Bill.
Rep. CORNING spoke upon the Bill.
The Bill was read the third time, and ordered sent to the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
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 following Bill was taken up.
H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3638.AL), which was adopted.
Amend the bill, as and if amended, by striking Section 16-15-460 as contained in SECTION 1 and inserting:
/Section 16-15-460. (A) Video cassettes or other video reproduction devices, and the jackets, cases, or coverings of the video reproduction devices must be displayed or maintained in a separate area if:
(1) taken as a whole and applying contemporary community standards, the average person would find that it has a tendency to cater or appeal to a morbid interest in violence for persons under the age of seventeen; and
(2) it depicts violence in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for persons under the age of seventeen; and
(3) taken as a whole, it lacks serious literary, artistic, political, or scientific value for persons under the age of seventeen.
(B) A video cassette or other video reproduction device that fits the description of subsection (A)(1) must not be rented or sold to a person under the age of seventeen.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars./
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.
Rep. WILKINS asked unanimous consent that H. 4267 be read a third time tomorrow.
Rep. CORNING objected.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. M.O. ALEXANDER explained the Joint Resolution.
H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McLEOD explained the Joint Resolution.
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.
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.
Rep. PHILLIPS explained the Joint Resolution.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4399 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4427 be read the third time tomorrow.
On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that S. 1264 be read the third time tomorrow.
On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 4460 be read the third time tomorrow.
Rep. D. ELLIOTT moved to adjourn debate upon the following Bill until Thursday, March 5, which was adopted.
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
The following Bill was taken up.
S. 1140 -- Senators Waddell, Leatherman, Gilbert and McGill: A BILL TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARS TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.
Rep. KIRSH proposed the following Amendment No. 1, which was adopted.
Amend on page 5 at Line 23 by inserting the word "last" between the words "the" and "taxable".
Amend further by striking the words "is considered" on lines 6 and 7 of page 7 and inserting in lieu thereof the words "shall be deemed".
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BOAN, with unanimous consent, it was ordered that S. 1140 be read the third time tomorrow.
Rep. WALDROP moved to adjourn debate upon the following Joint Resolution until Tuesday, March 3, which was adopted.
S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Rep. GENTRY moved to adjourn debate upon the following Joint Resolution until Tuesday, March 3, which was adopted.
S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.
The following Bill was taken up.
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".
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
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.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
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.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. TOWNSEND moved that the House do now adjourn.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Farr Harris, P. Phillips Shirley Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Bruce Burch, K. Canty Cato Clyborne Cobb-Hunter Cole Cork Corning Council Cromer Delleney Elliott, L. Fair Felder Gentry Gonzales Harrelson Harvin Haskins Holt Huff Hyatt Inabinett Jennings Johnson, J.W. Keegan Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. McCraw McElveen McGinnis McTeer Meacham Neilson Nettles Quinn Rama Rhoad Riser Rudnick Scott Sharpe Shissias Smith Snow Stone Sturkie Vaughn Waites Waldrop Wells White Wilder Wilkins Wright Young, A. Young, R.
So, the House refused to adjourn.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8118.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-3-490 of the 1976 Code is amended to read:
"Section 61-3-490. (A) Every person intending to apply for any a license provided for under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall publish advertise at least once a week for three successive consecutive weeks in a newspaper published or having a general circulation in most likely to give notice to interested citizens of the county, city, or community wherein in which the person applicant proposes to engage in business, a notice of his intention to apply. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. The notice must be in large type and, cover a space one column wide and not less than two inches deep, and must state the type of license to be applied for and the exact location at which the proposed business is to be operated. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.
(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of license sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high; and
(e) be posted and removed by an agent of the commission."
SECTION 2. Section 61-5-50 of the 1976 Code is amended to read:
"Section 61-5-50. The commission may grant a license upon finding that:
(a)(1) The applicant is a bona fide nonprofit organization or that the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, both as described in Section 61-5-10;.
(b)(2) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community, and its principals are of good moral character;.
(c)(3) As to any business establishments or locations established after November 7, 1962, the provisions of Section 61-3-440 have has been complied with;.
(d)(4) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper of general circulation in the area where the most likely to give notice to interested citizens of the county, municipality, or community in which the applicant proposes to engage in business of the applicant is to be located at least thirty days prior to the granting of the license; and. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.
(e)(5) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(1)(a) state the type of license sought;
(2)(b) tell an interested person where to protest the application;
(3)(c) be in bold type;
(4)(d) cover a space at least eleven inches wide and eight and one-half inches high; and
(5)(e) be posted and removed by an agent of the commission."
SECTION 3. Section 61-9-320 of the 1976 Code is amended to read:
"Section 61-9-320. No permit authorizing the sale of beer or wine may be issued unless:
(1) The applicant, and any an agent, or an employee, or a servant of the applicant to be employed on the licensed premises, is are of good moral character;.
(2) The retail applicant is a citizen of this State for at least one year prior to before the date of application and has maintained therein his principal place of abode in South Carolina for at least one year prior to before the date of application;.
(3) The wholesale applicant is a citizen of this State for at least one year prior to before the date of application and has maintained therein his principal place of abode in South Carolina for at least one year prior to before the date of application, or has been previously licensed previously under the laws of this State;.
(4) The applicant has not, within two years prior to before the date of application, has not had revoked any a beer and or a wine permit issued to him;.
(5) The applicant is twenty-one years of age or over; older.
(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one; provided, that. The commission may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches, but. This proviso shall item does not apply to locations licensed prior to the before its effective date of this proviso;.
(7) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper of general circulation in the area where the most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business of the applicant is to be located at least thirty days prior to the granting of the permit. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.
(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of permit sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high; and
(e) be posted and removed by an agent of the commission."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4291 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. R. YOUNG made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the point of order.
The following Bill was taken up.
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.
Rep. R. YOUNG made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the point of order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. McTEER moved that the House recur to the morning hour, which was not agreed to by a division vote of 34 to 36.
Reps. HOLT, J. BAILEY, WHIPPER, BARBER and D. MARTIN withdrew their objections to the following Bill.
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.
Reps. WOFFORD, HALLMAN and D. WILLIAMS objected to the Bill.
Reps. KLAPMAN, RAMA, FAIR, A. YOUNG, R. YOUNG and HALLMAN withdrew their objections to the following Bill.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate amendments to the following Bill were taken up for consideration.
H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.
Rep. WRIGHT explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, February 25, by Rep. HASKINS.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\8131.BD), which was tabled.
Amend the resolution, as and if amended, by striking all after the title and inserting:
/Whereas, the State Department of Social Services is the State's public welfare agency with a total budget of five hundred thirty-two million, one hundred six thousand, six hundred fifty-eight dollars; and
Whereas, the State Department of Social Services provides critical services to the State's most needy and vulnerable citizens and has a projected budget deficit in excess of fifteen million dollars; and
Whereas, the General Assembly is gravely concerned with the inability of the current South Carolina Board of Social Services to fulfill its basic statutory duties and its inability to work effectively with the agency's own employees, to cooperate with other agencies and branches of state government, and, importantly, to cooperate with and assist the General Assembly and the Executive Branch in efforts to help resolve the many financial and organizational problems of the State Department of Social Services; and
Whereas, the General Assembly recognizes the continuing divisions within the board and the failure of the commissioner and the board to work effectively in providing leadership, motivation, and purpose to the staff which is vital to ensuring proper oversight and accounting for the limited public resources allocated to this state agency; and
Whereas, the General Assembly recognizes that the inadequate management of this agency raises serious and legitimate doubt among the citizens of the State as to the ability of the incumbent leaders to fulfill the missions of this agency; and
Whereas, the lack of confidence in the leadership compels the General Assembly to act to avert a deepening crisis among the increasing number of our citizens who depend upon the services provided by this agency and the taxpayers who demand and rightly should expect the public resources to be properly managed and accounted for; and
Whereas, the continued independence of forty-six separate county operations of the State Department of Social Services does not allow for uniformity in and coordination of services or accountability; and
Whereas, in order to provide uniformity in and coordination of services and to assure accountability of the county operations of the departments of social services, it is necessary to place all county departments of social services directly under the State Commissioner of Social Services; and
Whereas, the General Assembly acknowledges that it is charged by statute with the responsibility to elect the members of the South Carolina Board of Social Services, and the General Assembly also recognizes that it is charged by Section 1, Article XII of the Constitution of South Carolina to provide for appropriate agencies; and
Whereas, Commissioner James L. Solomon, Jr., has announced his retirement from the State Department of Social Services effective June 30, 1992. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The terms of office of the present members of the South Carolina Board of Social Services are terminated on the effective date of this resolution.
All powers and duties of the South Carolina Board of Social Services are transferred to the State Commissioner of Social Services.
The Governor, with the advice and consent of the Senate, shall appoint a commissioner with total authority to assume the powers and duties of the current State Commissioner of Social Services, James L. Solomon, Jr. Upon the effective date of this resolution, Mr. Solomon shall remain an employee of the department at his current salary, receive full benefits, and serve in a consulting capacity to the commissioner and report directly to him until the effective date of his retirement.
The commissioner shall report to and serves at the pleasure of the Governor. The commissioner has the authority to reorganize the State Department of Social Services at all levels in order to bring about efficiency, cost savings, or improved delivery of services or to otherwise benefit the State or the department. Reorganization may include, but is not limited to, personnel changes, a reduction in the number of employees, or a restructuring of the hierarchy of offices and employees.
The county boards of social services serve only in an advisory capacity. The county departments of social services are answerable to the State Commissioner of Social Services.
SECTION 2. This joint resolution takes effect upon approval by the Governor and is effective until January 1, 1995./
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. FOSTER spoke against the amendment.
Rep. ROGERS spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harvin Harwell Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Phillips Rhoad Rudnick Scott Shirley Smith Snow Taylor Townsend Whipper White Wilder Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cole Cooper Cork Corning Council Fair Farr Fulmer Gonzales Hallman Haskins Huff Hyatt Jaskwhich Keegan Kempe Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Meacham Rama Riser Rogers Ross Sharpe Shissias Stone Sturkie Vaughn Waites Waldrop Wells Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. McABEE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8123.BD), which was adopted.
Amend the resolution, as and if amended, by striking all after the title and inserting:
/Whereas, the State Department of Social Services is the State's public welfare agency with a total budget of five hundred thirty-two million, one hundred six thousand, six hundred fifty-eight dollars; and
Whereas, the State Department of Social Services provides critical services to the State's most needy and vulnerable citizens and has a projected budget deficit in excess of fifteen million dollars; and
Whereas, the General Assembly is gravely concerned with the inability of the current South Carolina Board of Social Services to fulfill its basic statutory duties and its inability to work effectively with the agency's own employees, to cooperate with other agencies and branches of state government, and, importantly, to cooperate with and assist the General Assembly and the Executive Branch in efforts to help resolve the many financial and organizational problems of the State Department of Social Services; and
Whereas, the General Assembly recognizes the continuing divisions within the board and the failure of the commissioner and the board to work effectively in providing leadership, motivation, and purpose to the staff which is vital to ensuring proper oversight and accounting for the limited public resources allocated to this state agency; and
Whereas, the General Assembly recognizes that the inadequate management of this agency raises serious and legitimate doubt among the citizens of the State as to the ability of the incumbent leaders to fulfill the missions of this agency; and
Whereas, the lack of confidence in the leadership compels the General Assembly to act to avert a deepening crisis among the increasing number of our citizens who depend upon the services provided by this agency and the taxpayers who demand and rightly should expect the public resources to be properly managed and accounted for; and
Whereas, the continued independence of forty-six separate county operations of the State Department of Social Services does not allow for uniformity in and coordination of services or accountability; and
Whereas, in order to provide uniformity in and coordination of services and to assure accountability of the county operations of the departments of social services, it is necessary to place all county directors of the local departments of social services in a chain of authority directly under the State Commissioner of Social Services; and
Whereas, the General Assembly acknowledges that it is charged by statute with the responsibility to elect the members of the South Carolina Board of Social Services, and the General Assembly also recognizes that it is charged by Section 1, Article XII of the Constitution of South Carolina to provide for appropriate agencies; and
Whereas, Commissioner James L. Solomon, Jr., has announced his retirement from the State Department of Social Services effective June 30, 1992. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The terms of office of the present members of the South Carolina Board of Social Services are terminated on the effective date of this resolution.
All powers and duties of the South Carolina Board of Social Services are transferred temporarily to the State Budget and Control Board until the General Assembly again may address this matter.
The Budget and Control Board shall appoint an interim commissioner to assume the responsibilities of the current State Commissioner of Social Services, James L. Solomon, Jr. Upon the effective date of this resolution, Mr. Solomon shall remain an employee of the department at his current salary, receive full benefits, and serve in a consulting capacity to the interim commissioner and report directly to him until the effective date of his retirement. The interim commissioner shall report to the Budget and Control Board and serves at the pleasure of the board. Restructuring or reorganization of the department must be consistent with existing law. An internal structural or organizational change during this interim period must be approved by the Budget and Control Board.
The county boards of social services serve only in an advisory capacity to the county directors. The directors of the county departments of social services are placed temporarily under a chain of authority directly under and answerable to the State Commissioner of Social Services until the General Assembly takes other action on this matter.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FELDER moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cork Delleney Elliott, D. Elliott, L. Farr Foster Fulmer Glover Hallman Harrelson Harris, P. Harvin Harwell Hodges Holt Houck Inabinett Johnson, J.W. Kennedy Keyserling Kirsh Lanford Littlejohn Martin, D. Martin, M. Mattos McAbee McCraw McLeod Neilson Nettles Phillips Rhoad Ross Scott Shirley Snow Taylor Townsend Tucker Whipper White Wilder Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Beasley Brown, H. Bruce Canty Cato Clyborne Cole Cooper Corning Council Cromer Fair Felder Gentry Gonzales Harris, J. Haskins Huff Hyatt Jaskwhich Keegan Klapman Koon Manly Marchbanks Martin, L. McElveen McTeer Meacham Quinn Rama Riser Rudnick Sharpe Shissias Smith Stone Sturkie Vaughn Waites Waldrop Wells Wofford Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4404 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DOMINIC D. DIFRANCESCO, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1992.
H. 4416 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS AND HONOREES FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1992, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.
H. 4476 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JIM SMITH OF ANDERSON UPON BEING NAMED THE ANDERSON AREA CHAMBER OF COMMERCE'S 1991 SMALL BUSINESS PERSON OF THE YEAR.
H. 4481 -- Reps. Altman, Anderson, K. Burch, Byrd, Fair, Farr, Glover, Jaskwhich, J.C. Johnson, Keegan, Kennedy, Marchbanks, Phillips, Stoddard, Townsend, D. Williams and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. FRANK H. STOLL OF CHARLESTON UPON HIS DEATH.
At 12:30 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Dana Bynoe, to meet at 10:00 A.M. tomorrow.
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