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:
O God of mercy and compassion, help us to know ourselves better, that knowing our weaknesses, we may be on guard. Teach us better to understand others that we may view their shortcomings with charity, their virtues with appreciation, and their kindnesses to us with gratitude. And knowing that criticism will inevitably come, help us to take from it what is helpful, to forgive what is unjust and unkind. With malice toward none and charity for all, help us to never spill the oil of goodwill on sterile and unproductive soil.
God of all mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER Pro Tempore.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
Rep. A. YOUNG moved that when the House adjourns it adjourn in memory of Mr. Kramer Shank, which was agreed to.
The following was received.
Columbia, S.C., March 3, 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 H. 4321:
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.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 3, 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. 1140:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4110 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4216 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. J. BROWN and SCOTT, for the minority, submitted an unfavorable report, on:
H. 4217 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Rep. RAMA, for the minority, submitted an unfavorable report, on:
H. 3789 -- Rep. Waldrop: A BILL TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO REVISE THE GROUND RELATING TO CERTAIN ACTIONS TAKEN INDEPENDENT OF A LICENSED DOCTOR OR DENTIST; AND TO AMEND SECTION 40-45-220, RELATING TO THE SCOPE OF PRACTICE OF PHYSICAL THERAPISTS, SO AS TO REVISE THIS SCOPE OF PRACTICE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4233 -- Reps. McGinnis, Neilson and Baxley: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE REQUIREMENTS PERTAINING TO REIMBURSEMENT FOR MILEAGE, INSURANCE BENEFITS, AND PER DIEM.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4358 -- Rep. Phillips: A BILL TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1045 -- Senator Stilwell: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT MILITARY IDENTIFICATION CARD.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4094 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4104 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO PROVIDE THAT CONSIDERATION MUST BE GIVEN TO CONSUMER AND FAMILY REPRESENTATION WHEN RECOMMENDING AND APPOINTING MEMBERS TO THE BOARD.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4106 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4107 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4101 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3795 -- Rep. Quinn: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, AND SECTION 33-4-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES UNDER THE BUSINESS CORPORATION ACT, SO AS TO FURTHER PROVIDE FOR THE SELECTION, RESERVATION, AND USE OF FICTITIOUS OR ASSUMED NAMES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3796 -- Rep. Quinn: A BILL TO AMEND SECTION 41-25-30, AS AMENDED,CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A PERSON ENGAGED IN THE PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESS, SO AS TO DELETE A REQUIREMENT THAT A LICENSEE MAKE PUBLIC NOTIFICATION OF CLOSURE OF ITS BUSINESS IN A NEWSPAPER OF GREATEST CIRCULATION IN THE COUNTY IN WHICH IT IS LOCATED IF THE SECRETARY OF STATE DENIES THE RENEWAL OF ITS LICENSE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4145 -- Reps. J. Bailey, Corning, McElveen, Scott and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-242 SO AS TO PROVIDE THE INSURANCE REQUIREMENTS FOR A MOTOR VEHICLE THAT IS NOT DRIVEN BECAUSE IT IS BEING RESTORED AND PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 38-77-120, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO REQUIRE NOTICE OF THE RANGE OF POTENTIAL PENALTIES REGARDING THE FINANCIAL RESPONSIBILITY LAW.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4393 -- Rep. McLeod: A BILL TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1261 -- Banking and Insurance Committee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1263 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1265 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck,Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4296 -- Rep. Rama: A BILL TO AMEND SECTION 59-67-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAMPERING WITH GOVERNORS ON SCHOOL BUSES, SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4324 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4203 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, Reps. WAITES, COBB-HUNTER, MANLY, CORK and HALLMAN, for the minority, submitted an unfavorable report, on:
H. 3003 -- Rep. Wilder: A BILL TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY, SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF THE REGION UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Committee on Ways and Means:
H. 3310 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO REQUIRE APPLICANTS FOR A DRIVER'S LICENSE TO COMPLETE A COURSE ON SAFE DRIVING AND ALCOHOL AND DRUG EDUCATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-29-51 SO AS TO REQUIRE AS A PART OF HIGH SCHOOL CURRICULUM A COURSE IN MOTOR VEHICLE OPERATION AND HIGHWAY SAFETY.
On motion of Rep. PHILLIPS the following Bill was referred to the Committee on Ways and Means.
H. 3310 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO REQUIRE APPLICANTS FOR A DRIVER'S LICENSE TO COMPLETE A COURSE ON SAFE DRIVING AND ALCOHOL AND DRUG EDUCATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-29-51 SO AS TO REQUIRE AS A PART OF HIGH SCHOOL CURRICULUM A COURSE IN MOTOR VEHICLE OPERATION AND HIGHWAY SAFETY.
The following was introduced:
H. 4493 -- Reps. Koon, Rama, Holt, Hallman, J. Bailey, D. Martin, Inabinett, Whipper, Fulmer and Barber: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH DECEMBER 14, 1991, OF TROOPER FIRST CLASS DAVID HUNTER O'BRIEN OF CHARLESTON AND THE SOUTH CAROLINA HIGHWAY PATROL, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE LAW ENFORCEMENT DIVISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF DAVID HUNTER O'BRIEN TO PROVIDE SCHOLARSHIPS FOR PERSONS DESIRING TO JOIN THE RANKS OF LAW ENFORCEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1348 -- Senator Courson: A CONCURRENT RESOLUTION TO HONOR JO ANNE SAINT CLAIR WHO HAS SUCCESSFULLY TRANSFORMED THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS THROUGH HER DEDICATION AND PROFESSIONALISM AND HAS UNSELFISHLY STRIVED TO PROTECT, PRESERVE, AND ENHANCE THE RIGHTS OF OTHERS AND THE WELFARE OF THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4494 -- Reps. Wilkes and Waites: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO HALT UNFUNDED FEDERAL MANDATES TO THE STATE AND ITS LOCALITIES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4495 -- Reps. Tucker, Felder, McLeod, Sharpe, Haskins, Wright, Riser, Harrison, Klapman, Huff, Wofford, Smith, Snow, Stone, Bruce, Meacham, Baxley, McKay, Mattos, D. Martin and Rogers: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA, IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND OTHER NECESSARY STATE OFFICIALS, TO SEEK THAT RELIEF HE CONSIDERS APPROPRIATE AND ATTAINABLE FROM THE REQUIREMENTS OF THE CONSENT DECREE IN THE CASE OF NELSON V. LEEKE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was received.
Columbia, S.C., March 3, 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. 284, S. 797 by a vote of 44 to 0.
(R284) S. 797 -- Senator Martin: AN ACT TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.
Very respectfully,
President
No. 92
Received as information.
February 26, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval S. 797, R-284, an Act:
TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated February 25, 1992 which states in concluding:
"The act bearing ratification number 284 of 1992 amends Act No. 1059 of 1970 relating to the Fairfield County Recreation District, so that the District would now include he entire geographic area of Fairfield County. Thus, S. 797, R-284 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. 797, R-284 have been struck down by the South Carolina Supreme Count as violative of Article VIII, Section 7....
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
February 25, 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 20, 1992, you have asked for the opinion of this Office as to the constitutionality of S. 797, R-284, an act revising the area of the Fairfield County Recreation District. 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. Moreover, 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 the State to declare an act unconstitutional.
The act bearing ratification number 284 of 1992 amends Act No. 1059 of 1970, relating to the Fairfield County Recreation District, so that the District would now include the entire geographic area of Fairfield County. Thus, S. 797, R-284 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. 797, R-284 have been struck down by the South Carolina Supreme Count 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).
Based on the foregoing, we would advise that S. 797, R-284 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:
Corning Wilkes
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.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4496 -- Reps. Wright, Wilder, Baxley, Manly, Kempe, Corning, Sharpe, Waldrop, Wells and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES; TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4497 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-15-55 SO AS TO ALLOW SHERIFFS AND THEIR DEPUTIES TO SET AND COLLECT BONDS FOR OFFENSES TRIABLE IN MAGISTRATE'S COURT.
Rep. G. BROWN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Judiciary.
H. 4498 -- Reps. Clyborne, L. Martin, Marchbanks and Hendricks: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, AND TERRITORIAL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE FIRST APPOINTED IN 1993 AND THEREAFTER, WITHIN SIX MONTHS OF THE BEGINNING OF HIS TERM, SHALL COMPLETE A TRAINING PROGRAM AND PASS A CERTIFICATION EXAMINATION ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THAT A NEWLY APPOINTED MAGISTRATE MAY EXERCISE THE DUTIES OF HIS OFFICE PENDING CERTIFICATION BUT NOT FOR MORE THAN SIX MONTHS AND PROVIDE THAT WHEN THE EXAMINATION IS NOT TIMELY PASSED, THE OFFICE IS DECLARED VACANT ON THE EARLIER OF THE DATE THE TIME EXPIRES OR WHEN HE IS NOTIFIED OF HIS FAILURE, TO REQUIRE A MAGISTRATE APPOINTED BEFORE 1993 TO PASS THE CERTIFICATION EXAMINATION BEFORE HE MAY BE REAPPOINTED, TO EXEMPT A MAGISTRATE WHO PASSES THE CERTIFICATION EXAMINATION FROM ANY FURTHER EXAMINATIONS DURING HIS CONTINUOUS SERVICE, AND TO PROVIDE THAT UPON NOTICE BY THE SUPREME COURT OR ITS DESIGNEE TO THE MAGISTRATE AND THE GOVERNOR OF THE MAGISTRATE'S FAILURE TO PASS THE CERTIFICATION EXAMINATION, THE MAGISTRATE'S OFFICE IS DECLARED VACANT, THE MAGISTRATE DOES NOT HOLD OVER, AND THE GOVERNOR SHALL APPOINT A SUCCESSOR.
Referred to Committee on Judiciary.
H. 4499 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITIONAL POWERS OF FAMILY COURT, SO AS TO PROVIDE THAT THE FAMILY COURT MAY COMMIT CERTAIN JUVENILES FOR AN INDETERMINATE PERIOD NOT TO EXCEED THEIR TWENTY-FIRST BIRTHDAYS, BUT MAY BE RELEASED AFTER COMMITMENT FOR A MINIMUM PERIOD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4501 -- Reps. Rogers, Waites, J. Bailey, Farr and Barber: A BILL TO AMEND SECTION 16-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD, SO AS TO CHANGE THE AGE OF THE PERSONS TO WHICH THE OFFENSE APPLIES.
Referred to Committee on Judiciary.
H. 4502 -- Reps. Neilson, Baxley, Beasley and Glover: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 19 SO AS TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 35 IN DARLINGTON COUNTY AS "OLD CHARLESTON SCENIC HIGHWAY".
Referred to Committee on Education and Public Works.
H. 4503 -- Reps. Wofford, H. Brown, McLeod, A. Young, Hallman, Rama, Sharpe, Corning, Fulmer, Shissias, Harrison, Cobb-Hunter, Clyborne, Koon, Vaughn, Council, Stone, Littlejohn, Huff, Smith, Bruce, Beasley, Snow, Riser, Meacham, J. Bailey, Lanford, Wells and Kempe: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE TO TESTIFY AS TO COMMUNICATIONS WITH ONE ANOTHER, SO AS TO INCLUDE IN THE EXCEPTIONS REQUIRING DISCLOSURE OF COMMUNICATIONS, THOSE PROCEEDINGS INVOLVING CHILD ABUSE OR NEGLECT AND THE DEATH OF A CHILD.
Referred to Committee on Judiciary.
H. 4504 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE LATE RENEWAL PENALTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1413, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4505 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF REGULATIONS BY THE GENERAL ASSEMBLY, AND SECTION 41-15-220, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
Without reference.
H. 4506 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-355 SO AS TO PROVIDE THAT FOR PURPOSES OF THE REGULATION OF MUNICIPAL SOLID WASTE AND DISPOSAL, "PYROLYSIS" DOES NOT CONSTITUTE "INCINERATION" AND DOES NOT CONTAIN ANY ELEMENTS OF "INCINERATION" OR "COMBUSTION."
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4507 -- Rep. Rhoad: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 SO AS TO ESTABLISH THE STATE BOARD OF REGISTRATION FOR HYDROLOGISTS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF HYDROLOGY, AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4509 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON AN ARCHITECT OR ENGINEER PERFORMING DESIGN WORK ON A CONTRACT AWARDED PURSUANT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FROM PERFORMING OTHER WORK ON THE PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR AS A MEMBER OF A FIRM IN WHICH HE HAS A GREATER THAN FIVE PERCENT INTEREST, SO AS TO EXTEND THE PROHIBITION TO CONSTRUCTION MANAGERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4511 -- Reps. Ross, Jennings, Keegan, Hodges and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6260 SO AS TO PROVIDE THAT IF ANY PERSON IS ARRESTED FOR DRIVING WHILE HIS LICENSE IS CANCELLED, SUSPENDED, OR REVOKED, OR FOR DRIVING AN UNINSURED MOTOR VEHICLE, THE ARRESTING OFFICER SHALL TAKE IMMEDIATE POSSESSION OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE OF THE VEHICLE; TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE DEEMED TO BE CRIMINAL PROCEDURES SUPPLEMENTED TO, AND NOT IN LIEU OF, ANY PENALTIES IMPOSED BY LAW FOR THESE OFFENSES; TO PROVIDE THAT THE ARRESTING OFFICER SHALL ISSUE A CERTIFICATE TO SERVE AS A TEMPORARY LICENSE PLATE AND REGISTRATION FOR THE VEHICLE FOR A PERIOD OF TEN DAYS; AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE LICENSE PLATE AND REGISTRATION MAY BE RETURNED TO THE OWNER OF THE VEHICLE.
Referred to Committee on Judiciary.
H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: A BILL TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.
Referred to Committee on Judiciary.
H. 4513 -- Reps. Gonzales, Wofford and A. Young: A BILL TO PROVIDE PROCEDURES FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS IN THE GOVERNING BODY OF DORCHESTER COUNTY WHICH ARE NOT A PART OF A STATEWIDE SYSTEM ESTABLISHED AND PROVIDED BY A CODIFIED, GENERAL LAW OR THE CONSTITUTION OF THIS STATE.
Referred to Dorchester Delegation.
H. 4514 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES WHICH A LENDER MAY RECEIVE IN CONNECTION WITH A CONSUMER LOAN NOT CONSIDERED FINANCE CHARGES, SO AS TO DELETE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS, AND TO ADD SECTION 37-3-211 SO AS TO PROVIDE THAT FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS ARE CONSIDERED FINANCE CHARGES.
Referred to Committee on Labor, Commerce and Industry.
H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.
Referred to Committee on Education and Public Works.
H. 4516 -- Reps. Rogers, Waites, G. Bailey, Barber, Harrison, Phillips and Farr: A BILL TO AMEND SECTION 20-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS AND EXAMINATIONS OF CHILDREN SUBJECT TO ABUSE OR NEGLECT, SO AS TO INCLUDE MEDICAL EXAMINATIONS FOR SEXUAL AND PHYSICAL ABUSE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4517 -- Reps. Rogers, Waites, G. Bailey, Barber, Phillips, Harrison and Farr: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER DRUG AND ALCOHOL RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH EMERGENCY PROTECTIVE CUSTODY PURSUANT TO CERTAIN PROCEDURES, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Referred to Committee on Judiciary.
H. 4518 -- Reps. McLeod, G. Brown, Baxley, Canty and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-150 SO AS TO ESTABLISH THE ENVIRONMENTAL TRAINING FUND AND SECTION 48-1-355 SO AS TO PROVIDE THAT OF THE CIVIL PENALTIES COLLECTED PURSUANT TO SECTIONS 44-56-140 AND 48-1-330, THE FIRST TWO HUNDRED THOUSAND DOLLARS MUST BE USED TO FINANCE THE FUND AND TO PROVIDE A TEN THOUSAND DOLLAR CONTRIBUTION TO THE SOUTHEAST WASTE EXCHANGE FROM PENALTIES COLLECTED FROM THESE CIVIL PENALTIES.
Referred to Committee on Ways and Means.
H. 4519 -- Rep. G. Bailey: A BILL TO AMEND SECTION 56-9-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSE AND REGISTRATION AFTER AN ACCIDENT, SO AS TO DELETE PROVISIONS RELATING TO SUSPENSION OF DRIVER'S LICENSE.
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 Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon 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 Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 4.
John G. Felder James W. Johnson, Jr. C. Lenoir Sturkie Larry E. Gentry C. Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER Pro Tempore granted Rep. SHEHEEN a temporary leave due to representing the House in court hearings.
I was not present during the Session but arrived after adjournment on Wednesday, March 4.
Robert J. Sheheen
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 3.
Rep. McLEOD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 19.
Announcement was made that Dr. B.E. "Ned" Nicholson of Edgefield is the Doctor of the Day for the General Assembly.
Rep. BOAN moved that when the House adjourns on Thursday, it adjourn to meet in Local Session on Friday, March 6 and to convene at 2:00 P.M. on Monday, March 9, in Statewide Session, which was agreed to.
Rep. BOAN moved that H. 4500, The General Appropriation Bill, be set for Special Order on Monday, March 9 at 2:00 P.M., immediately after the Roll Call, and continue each day thereafter until given a second reading, and that the Bill be set for Special Order for third reading immediately after the Roll Call, and continue each day thereafter until final disposition, which was agreed to.
Rep. BOAN moved that while debating H. 4500, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. McABEE introduced Kate Dorn, "Mrs. Senior S.C." and her family.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, March 5, which was adopted.
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 following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
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.
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.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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".
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.
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.
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.
I refrained from voting on House Bill H. 4463 on both second and third reading due to a possible conflict of interest.
Rep. T.C. ALEXANDER
Rep. TOWNSEND moved that when the House adjourns it adjourn to meet in Statewide Session on Monday, March 9.
Rep. WALDROP moved to table the motion.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Brown, G. Brown, H. Bruce Byrd Canty Carnell Cato Chamblee Cooper Cork Corning Council Cromer Delleney Elliott, L. Fair Farr Foster Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Hendricks Hodges Holt Houck Hyatt Inabinett Keegan Kempe Kinon Kirsh Klapman Manly Martin, D. Martin, L. McAbee McGinnis McLeod McTeer Neilson Quinn Rama Riser Rogers Rudnick Scott Sharpe Shissias Smith Snow Stoddard Stone Taylor Tucker Waites Waldrop Whipper White Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Baker Bennett Clyborne Cobb-Hunter Jaskwhich Koon Littlejohn Ross Shirley Townsend Wells
So, the motion to table was agreed to.
Rep. HODGES moved to reconsider the vote whereby the following Bill was rejected.
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.
Rep. SCOTT moved to table the motion to reconsider.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Brown, J. Byrd Cork Kirsh Ross Rudnick Scott Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Beasley Bennett Brown, H. Bruce Canty Carnell Cato Chamblee Clyborne Cole Corbett Corning Council Delleney Elliott, L. Fair Farr Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Inabinett Jaskwhich Keegan Kempe Kennedy Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McGinnis McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Sharpe Shirley Shissias Smith Snow Stoddard Stone Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. SCOTT objected to the Bill.
Rep. McLEOD moved to adjourn debate upon the Bill until Tuesday, March 17.
Rep. M.O. ALEXANDER moved to table the motion to adjourn debate.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Bennett Brown, G. Brown, H. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Council Delleney Elliott, L. Fair Farr Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Hodges Houck Inabinett Jaskwhich Keegan Kempe Kennedy Keyserling Kinon Koon Lanford Littlejohn Manly Marchbanks Martin, L. McAbee McCraw McGinnis Meacham Neilson Nettles Quinn Rama Riser Sharpe Shissias Smith Snow Stoddard Stone Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Beatty Brown, J. Byrd Canty Cromer Hyatt Kirsh McLeod Rhoad Ross Rudnick Scott Taylor
So, the motion was tabled.
Reps. McLEOD, KIRSH, BYRD, CANTY and TAYLOR objected to 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. CORBETT moved to adjourn debate upon the Joint Resolution until Tuesday, March 17, which was adopted by a division vote of 48 to 27.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, March 17, 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.
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.
Reps. J. BAILEY, D. MARTIN, BARBER, RAMA, WHIPPER, HALLMAN, INABINETT, HOLT, R. YOUNG and FULMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18894.SD), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 56-5-3880 of the 1976 Code is amended to read:
"Section 56-5-3880. The South Carolina Department of Highways and Public Transportation may close state highways, roadways, or bridges for the purpose of allowing to allow marathons or other running events when the race or event is open to all persons including the handicapped if in the opinion of the district engineer the race or event may be conducted in a safe manner. The department, the city, the county, the organization, and the sponsors of the race or event are immune from liability except for gross negligence from incidence arising from participation in or association with the race or event.
If the John P. Grace Memorial Bridge is not available for the annual Cooper River Bridge Run and Walk in Charleston County, the Silas N. Pearman Bridge must be made available for the event, provided, that if the Cooper River Bridge Run and Walk is not open to persons sixty-five years of age or older, neither bridge may be used for this event."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
Rep. P. HARRIS spoke in favor of the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
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. J. BAILEY explained the Bill.
The following was received.
Columbia, S.C., March 4, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President.
On motion of Rep. L. MARTIN the invitation was accepted.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R289) S. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R290) S. 818 -- Senator Bryan: AN ACT TO REPEAL SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUDIT OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE BUDGET AND CONTROL BOARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-22-115 SO AS TO EXEMPT LEGISLATIVELY REQUIRED REPETITIVE AUDITS FROM THE REQUIREMENTS OF THE COMPLIANCE REVIEW ACT OF 1988.
(R291) S. 318 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO PROVIDE THAT, IN THE EVENT OF AN EMERGENCY, THE STATE ELECTION COMMISSION MUST, IN COOPERATION WITH UNITED STATES GOVERNMENT AGENCIES, TAKE ALL NECESSARY STEPS AND ACTION, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS OF STANDARD FORM 76 ISSUED BY THE FEDERAL GOVERNMENT AS AN APPLICATION FOR VOTER REGISTRATION AND AN APPLICATION FOR ABSENTEE BALLOTS AND ELECTRONIC TRANSMISSIONS OF ABSENTEE BALLOTS TO OR FROM ANY ELECTOR IN THE UNITED STATES ARMED SERVICES, TO ENSURE THAT CERTAIN SOUTH CAROLINA RESIDENTS HAVE THE OPPORTUNITY TO RECEIVE AND CAST BALLOTS, DEFINE "EMERGENCY", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE STATE ELECTION COMMISSION.
(R292) S. 1017 -- Senator Drummond: AN ACT TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION RELATING TO THE TIMES OF THE COMMISSION'S MEETINGS AND TO AUTHORIZE THE COMMISSION TO CHANGE THE LOCATION OF THE MEETING UNDER A CERTAIN CONDITION; TO AMEND SECTION 7-17-70, RELATING TO ELECTIONS, BOARD OF CANVASSERS, AND THE HEARING OF APPEALS, SO AS TO PROVIDE FOR AN EXCEPTION AS TO WHERE THE BOARD OF STATE CANVASSERS SHALL MEET; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE FOR AN EXCEPTION AS TO WHERE THE BOARD SHALL MEET AFTER A GENERAL ELECTION FOR THE PURPOSE OF CANVASSING THE VOTE AT SUCH ELECTION.
(R293) S. 1264 -- Banking and Insurance Committee: AN ACT 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.
(R294) S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: AN ACT 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; AND TO AMEND SECTION 56-3-375, RELATING TO THE ESTABLISHMENT OF A SYSTEM OF REGISTRATION OF MOTOR VEHICLES ON A MONTHLY BASIS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT REQUIRE A PERSON TO MAINTAIN REGISTRATION AND LICENSING FOR A VEHICLE THAT CEASES TO BE OPERATED, IS IN STORAGE, OR IS INOPERABLE AND TO PROVIDE FOR THE MANNER IN WHICH THESE VEHICLES MAY BE REREGISTERED.
(R295) S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: AN ACT 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.
(R296) 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 ARE TERMINATED; TO TRANSFER TEMPORARILY ALL POWERS AND DUTIES OF THE BOARD TO THE STATE BUDGET AND CONTROL BOARD; TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER; TO PROVIDE THAT THE CURRENT COMMISSIONER SHALL REMAIN AN EMPLOYEE OF THE DEPARTMENT; TO PROVIDE THAT ANY RESTRUCTURING OF THE DEPARTMENT MUST BE CONSISTENT WITH STATE LAW AND CERTAIN CHANGES APPROVED BY THE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE COUNTY BOARDS OF SOCIAL SERVICES ARE ONLY ADVISORY TO THE COUNTY DIRECTORS; AND TO PROVIDE THAT THE COUNTY DEPARTMENTS OF SOCIAL SERVICES ARE TEMPORARILY UNDER THE AUTHORITY OF THE STATE COMMISSIONER OF SOCIAL SERVICES.
(R297) H. 4141 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.
(R298) H. 4138 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT 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.
(R299) H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: AN ACT 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 FOR INITIAL CERTIFICATION AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN READING AND WRITING BRAILLE; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.
(R300) H. 4308 -- Reps. L. Elliott and Harwell: AN ACT 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.
(R301) H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
(R302) H. 4136 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT 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.
(R303) H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R304) H. 3766 -- Reps. Waldrop and Scott: AN ACT TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.
At 11:45 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The following Bill was taken up.
H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
Rep. NEILSON moved to adjourn debate upon the Bill until Wednesday, March 18.
Rep. R. YOUNG moved to table the motion to adjourn debate.
Rep. CROMER objected to the Bill.
Rep. R. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Baxley Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corning Council Elliott, D. Elliott, L. Fair Fulmer Glover Gonzales Hallman Harrison Haskins Hendricks Inabinett Jaskwhich Keegan Keyserling Klapman Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Phillips Rama Rhoad Riser Scott Sharpe Shirley Shissias Smith Stone Taylor Vaughn Wells Whipper Wilder Wilkes Wilkins Williams, J. Young, A. Young, R.
Those who voted in the negative are:
Altman Burch, K. Cork Cromer Delleney Foster Harrelson Harris, P. Hodges Holt Hyatt Jennings Kempe Kirsh Mattos McElveen Meacham Neilson Rogers Rudnick Snow Tucker Waites Williams, D.
So, the motion to table was agreed to.
I was not in the Chamber at the time the vote was taken to table the motion to adjourn debate on H. 4290 and someone apparently inadvertently voted me "No". Had I been present, I would have voted "Yes".
Rep. DOUG JENNINGS
Rep. HODGES 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:
Altman Delleney Harrelson Hodges Mattos McLeod McTeer Rhoad Ross Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Cork Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Gonzales Hallman Harris, J. Harrison Haskins Hendricks Holt Hyatt Inabinett Jaskwhich Jennings Keegan Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McGinnis Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Rudnick Sharpe Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. J. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18871.SD), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered which shall read:
/SECTION ____. Items (5), (25), (26), and (27) of Section 8-13-100 of the 1976 Code are amended to read:
"(5) 'Candidate' means a person who seeks appointment, nomination for election, or election to a state, or effective January 1, 1994, a local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.
(25) 'Public employee' means a person employed by the State, and effective January 1, 1994, a county, a municipality, or a political subdivision thereof. (26) 'Public member' means an individual appointed to a noncompensated part-time position on a state board, commission, or council, and effective January 1, 1994, on a local board, commission, or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services. (27) 'Public official' means an elected or appointed official of the State, and effective January 1, 1994, a county, a municipality, or a political subdivision thereof, including candidates for the office. 'Public official' does not mean a member of the judiciary except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter."
SECTION ____. The 1976 Code is amended by adding:
"Section 8-13-1115. Notwithstanding the definitions of 'public employee', 'public member', and 'public official' as contained in Section 8-13-100, the local public employees, local public members, and local public officials enumerated in Section 8-13-1110(B) must continue to file statements of economic interests, as required by this article."/
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER Pro Tempore stated that the Bill dealt with the definition of a legislative caucus and the Amendment dealt with candidates of a local nature filing in terms of dates and he sustained the Point of Order and ruled the Amendment out of order.
Rep. J. BAILEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18899.SD), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 8-13-570. (A) 'Salaried office or position' means an office or position in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.
(B) No member of the General Assembly may be elected to a salaried office or position which is filled by election of the General Assembly while he is in the General Assembly.
(C) No member of the General Assembly may be appointed to a salaried office or position while he is in the General Assembly."/
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the Amendment out of order.
Reps. J. BAILEY, NEILSON, CORK, MANLY, WHIPPER, KIRSH, HASKINS, HYATT, MEACHAM, McCRAW, R. YOUNG, FULMER, WOFFORD, VAUGHN, RAMA, HOLT, KEMPE, CATO, MATTOS, ANDERSON, FAIR, McELVEEN, COBB-HUNTER, ALTMAN, ROGERS, RUDNICK, KINON, G. BAILEY, HODGES and HARRELSON objected to the Bill.
Rep. CORNING moved that the House recur to the morning hour, which was agreed to by a division vote of 40 to 38.
The following was introduced:
H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Society of the Plastics Industry, Inc. for a reception March 25, 1992, 6:00 P.M. - 8:00 P.M. at Stadium Place, 1200 Bluff Road, Columbia.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.
Referred to Committee on Labor, Commerce and Industry.
H. 4522 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO PREPAY CONSUMER LOANS WITHOUT PENALTY, SO AS TO AUTHORIZE CERTAIN PREPAYMENT PENALTIES ON LOANS OVER FIVE THOUSAND DOLLARS SECURED BY A LIEN ON REAL ESTATE.
Referred to Committee on Labor, Commerce and Industry.
Rep. MATTOS moved that the House do now adjourn.
Rep. HODGES raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
Rep. HODGES explained the Bill.
Rep. TUCKER moved that the House do now adjourn.
Rep. QUINN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Baxley Canty Carnell Delleney Glover Harrelson Harris, P. Hodges Inabinett Manly Marchbanks McAbee McLeod Neilson Rhoad Ross Tucker Williams, J.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Beasley Boan Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Fair Foster Gonzales Harrison Haskins Hendricks Hyatt Keegan Kirsh Klapman Lanford Littlejohn Martin, L. McCraw McElveen McTeer Meacham Phillips Quinn Rama Riser Rogers Rudnick Sharpe Shissias Smith Stone Townsend Vaughn Waites Wilkes Wilkins Wright Young, A. Young, R.
So, the House refused to adjourn.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12172.DW), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is the legislative intent and purpose of this chapter to provide a means for the consolidation of the governmental and corporate functions now vested in municipal corporations and other political subdivisions and with the governmental and corporate functions now vested in the counties in which these municipal corporations and other political subdivisions are located, and to provide a method for the creation of consolidated governments which may be used to fulfill the unique needs and demands in various county areas. This chapter is provided as enabling legislation to be liberally construed as a utilization of the constitutional power granted by Section 12 of Article VIII of the Constitution of South Carolina, 1895.
SECTION 2. The 1976 Code is amended by adding:
"Section 4-9-41. (A) Any county, incorporated municipality, special purpose district, or other political subdivision may provide for the joint administration of any function and exercise of powers as authorized by Section 13 of Article VIII of the South Carolina Constitution.
(B) The provisions of this section may not be construed in any manner to result in diminution or alteration of the political integrity of any of the participant subdivisions which agree to and become a part of the functional consolidation, nor may any constitutional office be abolished by it."
SECTION 3. Title 4 of the 1976 Code is amended by adding:
Section 4-8-10. As used in this chapter, 'special purpose district' means any district created by an act of the General Assembly or pursuant to general law and which provides any local governmental service or function including, but not limited to, fire protection, sewerage treatment, water distribution, and recreation. 'Special purpose district' also means any rural community water district authorized or created under the provisions of Chapter 13 of Title 6. Special purpose district does not include any state agency, department, or commission.
Section 4-8-20. (A) The governing body of any county is authorized to create a consolidated government charter commission subject to the provisions of subsection (B) of this section. The commission shall consist of eighteen members, all of whom must be residents of the county.
(1) The governing body of the county shall appoint six members of the commission, at least four of whom shall reside outside the corporate limits of the largest municipality in the county, with no more than one county appointee being an elected official.
(2) (a) Six members of the commission must be residents of the incorporated municipalities within the county.
(b) The total population of all incorporated municipalities within the county, as determined by the most recent United States census, must be divided by six, the result being an apportionate average. The respective population of each municipality in the county must be divided by the apportionate average to determine any appointive index.
(c) Each municipality in the county shall appoint a number of members to the commission equal to the whole number indicated by their appointive index. However, no single municipality may appoint more than four members to the commission. No more than one municipal elected official may be a member of the commission. The option to appoint the municipal elected official is with the municipality with the largest population.
(d) When less than six members are selected to the commission in accordance with the prescribed appointive index method, the remaining member or members must be selected in a joint meeting of the charter commission appointees of the municipalities in the county. The member or members must be chosen from among the residents of the municipalities in the county which before this time have not provided a representative for the commission.
(3) (a) Each special purpose district in the county may appoint a member to the commission equal to the nearest whole number indicated by their appointive index. However, no single special purpose district may appoint more than four members to the commission. No more than one elected official from any special purpose district in the county may be a member of the commission. The option to appoint the elected official is with the special purpose district with the largest population. In no case may there be less than one member of the commission representing special purpose districts when a special purpose district exists within the county.
(b) The total population of all special purpose districts within the county, as determined by the most recent United States census, must be divided by six, the result being an apportionate average. The respective population of each special purpose district in the county must be divided by the apportionate average to determine any appointive index.
(c) When less than six members are selected to the commission in accordance with the prescribed appointive index method, the remaining member or members of the charter commission must be selected in a joint meeting of the charter commission appointees of the special purpose districts in the county. The member or members must be chosen from among the residents of the special purpose districts in the county which before this time have not provided a representative for the commission.
(B) If the governing body of any county creates a commission, it must be created in accordance with the procedures specified in subsection (A) and only upon the request of the governing body of the county or upon petition of not less than ten percent of the registered electors within the county. The petition must contain the signatures of not less than ten percent of persons registered to vote in the county. Petitions must be certified as valid or rejected by the county board of registration within thirty days and if certified, must be filed with the governing body which shall create a charter commission within thirty days after certification. If within the thirty-day period one or more of the municipalities or special purpose districts fails or refuses to appoint their proportionate number of members to the commission, the county governing body shall appoint an additional number of members equal to the number that any such municipality or special purpose district is entitled to appoint. A vacancy on the commission must be filled in the manner of the original appointment.
Section 4-8-30. (A) Within ten days following the appointment of all the members of the commission, it is the duty of the chairman of the county governing body to call an organizational meeting of the commission and to set the date, time, and location of the meeting.
(B) The first order of business at the organizational meeting is the election of the permanent chairman who must be elected by majority vote of the members of the commission.
(C) After organization and election of a permanent chairman, the commission shall elect a secretary, who need not be a member, and such other officers as it considers necessary. The commission shall adopt rules to govern the conduct of its business as it considers necessary. A majority of members of the commission constitutes a quorum for the transaction of business, but no recommendation of the commission may be included in the proposed charter unless adopted by a two-thirds vote of all of the members of the commission.
(D) The members of the commission shall receive no compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the commission. The governing body of the county and the governing bodies of municipalities and special purpose districts within the county are authorized to expend public funds in carrying out the provisions of this chapter.
(E) The commission is authorized to employ such staff and contract with such consultants as it considers necessary to conduct special studies and assemble information for preparation of the charter subject to the limitation of funds made available to it. No person who holds an elected public office may be employed by the commission.
Section 4-8-40. The commission is authorized to study all matters relating to the establishment of a single countywide government within the county to be known as a consolidated political subdivision which has powers and jurisdiction throughout the territorial limits of the county and which shall supersede and replace the existing participating governments of the county and of all participating municipalities and all other participating political subdivisions in the county not continued by the charter. For those purposes the commission is authorized to draft a proposed consolidated government charter which may include any provisions necessary to effectuate the purposes of this chapter. To that end and without limiting the generality of the foregoing, the commission is authorized to draft a proposed charter which may provide any one or more of the following:
(1) For the abolishment of specified existing governments within the county and for the creation of a new single government having all the powers formerly exercised by the county, special and public service districts, and the municipalities within the county and having such other powers as may be necessary or desirable, including those rights, powers, duties, and liabilities as are now or may be vested in counties or municipalities, or both, by the Constitution or by other provisions of law. However, in those counties where a special purpose district elects to exclude itself from consolidation pursuant to Section 4-8-95, the remaining special purpose districts shall continue to operate as if no consolidation had taken place for the purpose of its special purpose only. The form and composition of the new consolidated political subdivision is as authorized for counties pursuant to the provisions of Chapter 9 of Title 4. However, in those counties in which there is located a municipality whose boundaries encompass more than one county, the governing body of that municipality shall make a recommendation to the charter commission as to how that municipality shall comply with the provisions of this section. The commission shall include the recommendations of that municipality in the charter submitted to the qualified electors of the county pursuant to the provisions of Section 4-8-80. No changes in the recommendation by the municipality may be made by the charter commission.
(2) For the new consolidated political subdivision to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, monies, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any county, municipality, or other political subdivisions of the State is entitled or by any other provision of law or under any present or future state or federal programs.
(3) For the abolishment of any public authorities, public service and special purpose districts, boards, and commissions created under acts of the General Assembly relating specifically to the county, public service or special purpose districts, or municipalities concerned and for the transfer of all powers, duties, and obligations of the authorities and special purpose districts to the consolidated political subdivision in the manner provided in the charter. However, the charter may also provide that specified public service districts and special purpose districts may continue to perform the functions assigned to them by law under the supervision of district governing bodies existing prior to the consolidation except that, for those special purpose districts, which elect to be excluded from consolidation pursuant to Section 4-8-95, the charter must provide that the special purpose district electing to be excluded may, as permitted under this chapter, continue to perform the functions assigned to them by law as existing before the consolidation.
(4) For the abolishment of any public offices, positions of public employment of the county and of any municipality within the county, created by law of the State, and positions of public employment with any public authorities or special purpose districts located and operated within the county, excluding constitutional officers, members of the judiciary, and persons employed by or elected to serve in the public school system.
(5) For the creation of the governing body of the consolidated political subdivision, including the number of members, their powers, duties, terms of office, manner of election, compensation, method of removal, and all other matters of the governing body subject only to constitutional limitation.
(6) For the creation, modification, and abolishment of various departments, offices, advisory boards, advisory commissions, and positions of public employment of the consolidated political subdivision, all of which must be subordinate branches or employees of the consolidated political subdivision, and all other matters related to it.
(7) For the assumption by the consolidated political subdivision of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, public service, and special purpose districts which are consolidated by the consolidated government charter and the method by which the consolidated political subdivision shall assume the payment of obligations issued under the Constitution and law of this State.
(8) For the purposes for which the consolidated political subdivision or an agency of it may levy any type tax authorized by law for county and municipalities and the debt limitations applicable to the consolidated political subdivision or an agency of it, subject to constitutional limitations. As used in this item the term 'taxes' includes uniform service charges based on services provided which may be levied in conjunction with or in lieu of ad valorem taxes.
(9) For the creation of several classifications of taxing districts by which taxes must be assessed, levied, and collected by the consolidated political subdivision in accordance with the kind, character, type, and degree of services provided within the taxing districts, including a general service district which consists of the total area of the county, and in which must be provided such services as are generally required or demanded by all citizens of the county. The rate and manner of taxation may vary in any one district from that in other districts.
(10) For a method by which the taxing districts are created, other than the general services district, may be expanded or reduced in area, or transformed from one tax district classification to another and a system by which no district may be taxed in any way for services, functions, or programs that are not available or provided to the citizens or property owners of that district.
(11) For the method or methods by which the consolidated political subdivision may be dissolved. Any proposal to disband or dissolve a consolidated political subdivision is not authorized until a consolidated political subdivision has been in existence for a minimum of four years.
(12) For the method or methods by which the charter of the consolidated political subdivision may be amended and municipalities or special purpose districts of the county not included in the initial boundaries of the consolidated political subdivision if any may be annexed to it.
Section 4-8-50. The commission shall complete all of its studies and draft a proposed charter within twelve months following the date of its initial appointment. The period for the work of the commission may be extended by resolution adopted by the governing body of the county upon a written request submitted by the chairman of the charter commission and approved by a majority vote of the commission's members.
Section 4-8-60. Nothing in this chapter may be construed to authorize any commission created pursuant to this chapter to devolve any additional powers upon consolidated political subdivisions with regard to public school education or school districts or to abolish any school district within the county or transfer any of its powers, duties, and obligations to the consolidated political subdivision. County boards of education and boards of trustees shall continue to perform their statutory functions in matters related to them as prescribed in the Constitution and the general law of the State.
Section 4-8-70. (A) During the course of its studies, the commission is required to hold at least three public hearings to determine the sentiment of the citizens of the county regarding the work of the commission. The commission shall advertise the date, time, and place of the hearings in a newspaper of general circulation in the county at least twice during the week immediately preceding the week in which public hearings are to be held.
(B) Immediately upon the completion of its work and the framing of a proposed charter for the creation of a consolidated political subdivision within the county, the proposed charter must be filed by the commission with the clerk of the governing body of the county and with the clerk of the governing body of each of the municipalities within the county and must be certified by the chairman of the commission. The copies are public records and available for inspection or examination by any interested person.
(C) The commission shall take such steps as it considers reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter.
Section 4-8-80. Not more than thirty days after the receipt of the certified copy of the proposed charter, the governing body of the county shall call for an election for the purpose of submitting the question of consolidation and the proposed charter to all of the qualified voters of the county including those residing in municipalities continued by the charter for approval or rejection. The county governing body shall set the date of the election for a day not less than sixty nor more than ninety days after the issuance of the call. The county shall publish the date and purpose of the election once a week for three weeks immediately preceding the date of the election in a newspaper of general circulation in the county. The ballot must have written or printed on it the following:
'Must a consolidated political subdivision be formed and the proposed charter framed for it to be adopted in __________County?
In favor of consolidation
Opposed to consolidation
Persons desiring to vote in favor of consolidation, the proposed charter, and for the creation of a consolidated political subdivision shall vote for approval and those persons desiring to vote for rejection of consolidation and the proposed charter shall vote against approval.'
Section 4-8-90. (A) The charter study commission must select one of the following methods of presenting the question of consolidation and the adoption of the charter:
(1) The charter for the creation of a consolidated political subdivision is effective upon the approval of a majority of the qualified electors of the county voting on the question as provided in Section 4-8-60; or
(2) If the charter for the creation of a consolidated political subdivision is approved by the qualified electors of the county as required by item (1) of this section but not approved by a majority of the qualified electors voting on the question in a municipality or special purpose district, the charter is void and of no force and effect only in that municipality or special purpose district.
(B) If the charter and consolidation do not become effective for any of the reasons enumerated in subsection (A), another charter commission may not be created in the county for at least four years from the date of the unsuccessful election.
(C) The expense of the election must be borne by the county and be conducted in accordance with procedures governing county elections under the general law.
Section 4-8-95. (A) A special purpose district or city may elect to exclude itself from consolidation.
(B) In each election held pursuant to this chapter, votes cast must be counted and recorded by municipality and by special purpose district. A majority vote in opposition to the consolidation from the municipality or special purpose district must be construed as a decision to be excluded from consolidation.
Section 4-8-100. Whenever a charter for the consolidation of any county and the municipalities and other political subdivisions within the county has been adopted, the county governing body shall furnish a certified copy of the charter with returns of the special election provided for in this chapter to the Secretary of State. The Secretary of State shall issue his proclamation showing and declaring the results of the election on the adoption of the proposed charter. One copy of the proclamation must be attached to a copy of the charter certified to the Secretary of State and one copy must be delivered to the clerk of the governing body of the county and the clerks of the governing bodies of the respective municipalities of the county.
Section 4-8-110. The government for the consolidated political subdivision becomes effective within the county concerned when the governing body of the consolidated political subdivision has been elected and the members of the consolidated political subdivision qualified in accordance with the provisions of the charter and the governing body shall take all actions necessary to implement the provisions of the charter.
Section 4-8-120. (A) Any municipality initially not included in the consolidated political subdivision created under the provisions of this chapter, may, at any future time, surrender its certificate of incorporation and become part of the consolidated political subdivision under the terms and conditions and in accordance with the procedures prescribed in the charter. However, no municipality shall become part of the consolidated political subdivision until consolidation of that municipality is approved by a favorable vote of a majority of the electors of the particular municipality concerned and a majority of the governing body of the consolidated political subdivision.
(B) Any special purpose district initially not included in the consolidated political subdivision created under the provisions of this chapter may, at any future time, become part of the consolidated political subdivision under such terms and conditions and in accordance with the procedures prescribed in the charter. No special purpose district may become part of the consolidated political subdivision until consolidation of that special purpose district is approved by a favorable vote of a majority of the electors of the consolidated political subdivision voting in a referendum and a majority of the qualified electors voting in a referendum in the particular special purpose district concerned.
(C) The referendum is a special election called only for the purpose of determining whether or not the municipality or special purpose district shall become a part of the consolidated political subdivision.
Section 4-8-130. The creation and establishment of a consolidated government pursuant to this chapter does not alter or change zoning regulations effective in the county or the municipalities consolidated, and the regulations continue until modified or changed by the consolidated council acting under authority granted through the charter of the consolidated government.
Section 4-8-140. Any consolidated government established under this chapter acquires and succeeds to all rights, obligations, duties, and privileges of the county and in the municipalities and other political subdivisions consolidated. Without the necessity or formality of deed, bill of sale, or other instrument of transfer, the consolidated government becomes the owner of all property, assets, contracts, and franchises previously belonging to the county and consolidated municipalities and other political subdivisions and special purpose districts in the consolidated political subdivision except school districts. However, if a majority of the qualified electors voting on the question of consolidation in a municipality or special purpose district do not approve the charter as provided under Section 4-8-90(B), this section does not apply to the municipality or special purpose district.
Section 4-8-150. Except as provided in Section 58-27-20 the furnishing of electric service or the construction of facilities for the furnishing of electric service within a consolidated political subdivision is governed by the provisions of Title 58, Chapter 27 and Section 5-7-60."
SECTION 4. Should any portion of this act be held unconstitutional or otherwise unenforceable, the portion is considered severable and the remainder of the act continues in full force and effect.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. WILLIAMS explained the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 9 to 49.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12205.DW), which was adopted.
Amend the bill, as and if amended, by striking Section 4-8-150, page 13, lines 24 through 28, and inserting:
/"Section 4-8-150. Except as provided in Section 58-27-20, the furnishing of electric service or the construction of facilities for the furnishing of electric service within a consolidated political subdivision is governed by the provisions of Title 58 of Chapter 27, Section 5-7-60, and, in unassigned territory, Section 6-21-400."/
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\12208.DW), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, in Section 4-8-20(A)(1), page 3681-2, line 42, by striking /one/ and inserting /two/, by striking /appointee/ and inserting /appointees/, and by striking /an/; and on line 43 by striking /official/ and inserting /officials/.
Amend further in Section 4-8-20(A)(2)(c), page 3681-3, line 17, by striking /one/ and inserting /two/, by striking /official/ and inserting /officials/, by striking after /be/ /a/, and by striking /member/ and inserting /members/; on line 18 by striking the second /the/ and inserting /a/; on line 19 by inserting after /the/ /two/ and by striking /municipality/ and inserting /municipalities/.
Amend further in Section 4-8-20(A)(3)(a), page 3681-3, line 36, by striking /one elected/ and inserting /two/; on line 37 by striking /official/ and inserting /officials/, by striking /any/, and by striking /district/ and inserting /districts/; on line 38 by striking /a member/ and inserting /members/; on line 39 by striking /the elected/ and inserting /a special purpose district/; by inserting /two/ after /the/ and on line 40 by striking /district/ and inserting /districts/.
Amend further in Section 4-8-130, page 3681-13, line 20, by inserting after /regulations/ /or other ordinances/ and on line 21 by inserting after /regulations/ /or ordinances/.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
I abstained form voting on H. 3681 and related amendments due to a possible conflict of interest.
Rep. DELL BAKER
I abstained from voting on H. 3681 (Consolidation Bill) and all related amendments due to a potential conflict of interest.
Rep. HARRY F. CATO
I abstained from voting on a division vote on Amendment #1 for H. 3681; abstained from a voice vote on Amendment #2 for H. 3681 as well as Amendment #3. Further I abstained from a voice vote adopting H. 3681 due to the fact that my father and part-time employer is an attorney for a public service district.
Rep. J.L. MANN CROMER, JR.
Rep. BAXLEY moved that the House do now adjourn.
Rep. TOWNSEND raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Chamblee Clyborne Cobb-Hunter Cole Cooper Cork Council Delleney Elliott, L. Farr Foster Glover Harrelson Harris, J. Harris, P. Hendricks Hodges Holt Houck Inabinett Kennedy Keyserling Kinon Kirsh Lanford Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Scott Shirley Sturkie Taylor Tucker Whipper White Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, T.C. Beasley Brown, H. Bruce Cato Corbett Corning Cromer Elliott, D. Felder Gonzales Harrison Haskins Hyatt Jaskwhich Jennings Keegan Klapman Koon Littlejohn McElveen McGinnis Meacham Quinn Rama Riser Rogers Rudnick Sharpe Shissias Smith Snow Stone Townsend Waites Wells Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
At 12:30 P.M. the House in accordance with the motion of Rep. A. YOUNG adjourned in memory of Mr. Kramer Shank, to meet at 10:00 A.M. tomorrow.
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