Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, as we confront unfinished tasks calling for courage and wisdom, pour upon those here entrusted with the stewardship of our beloved State's welfare a double portion of Your enabling grace. May no ugly thought or speech spoil the tapestry of our combined efforts. May criticism be tempered by charity, determination with tolerance, appraisal with understanding, and even judgements of disapproval with appreciation of honest motives, as we ascribe to others the same sincerity as we claim for ourselves.
Enable us to say with Samuel of old: "Speak, Lord, for Your servant hears". Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1447
Promulgated By Law Enforcement Training Council
Conduct
Received By Speaker March 4, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 2, 1992
The following was received.
Document No. 1389
Promulgated By Commissioners of Pilotage Port of Charleston
Harbor Pilots
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and Resubmitted March 4, 1992
Revised 120 day review expiration date June 13, 1992
Received as information.
On motion of Rep. BENNETT the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4309 -- Reps. Boan, Barber, Mattos, Kinon, Kirsh, Rogers, McKay, White, J.W. Johnson, Klapman, Holt, Felder, McTeer, H. Brown, P. Harris, Keyserling, Quinn, McAbee, D. Elliott, Foster, McCraw, J. Harris, Carnell and McGinnis: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF SWORN LAW ENFORCEMENT OFFICERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4425 -- Reps. Altman, P. Harris, Houck, Manly, Rama, Tucker and White: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4523 -- The Anderson Delegation: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS JAMES KEITH CHASTAIN OF BELTON, ANDERSON COUNTY, ON BEING SELECTED AS THE "SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR" FOR 1991 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1357 -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING RIDGEWAY MAYOR LAURA MULLER THOMAS OF FAIRFIELD COUNTY UPON BEING NAMED "SOUTH CAROLINA MOTHER OF THE YEAR" FOR 1992, AND WISHING HER GOOD LUCK IN THE NATIONAL MOTHER OF THE YEAR COMPETITION IN LOS ANGELES IN APRIL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1358 -- Senators Drummond, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. KATE BRACKNELL DORN OF MCCORMICK IN MCCORMICK COUNTY ON BEING NAMED MS. SENIOR SOUTH CAROLINA AND WISHING SUCCESS FOR HER AS SHE COMPETES IN ATLANTIC CITY, NEW JERSEY, IN APRIL, 1992, FOR THE TITLE MS. SENIOR AMERICA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1359 -- Senators Peeler, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION TO POSTPONE THE IMPLEMENTATION OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 SO AS TO PROVIDE THAT THE DATE FOR THE LICENSING OF COMMERCIAL DRIVERS SHALL NOT TAKE EFFECT UNTIL APRIL 2, 1993.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4524 -- Reps. J. Brown, Scott, Kempe, Keyserling, Cork, Byrd, Taylor, Cobb-Hunter, Rudnick and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO DELETE THE EXCEPTION FOR SCHOOL BUSES.
Referred to Committee on Education and Public Works.
H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4526 -- Reps. Waites and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-617 SO AS TO PROVIDE FOR AN OFFENSE FOR PUNISHMENT OF OR INJURY TO A CHILD UNDER TWELVE YEARS OF AGE RESULTING IN A TRAUMATIC CONDITION AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE PROVIDED IN THIS ACT.
Referred to Committee on Judiciary.
H. 4527 -- Reps. Waites and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-145 SO AS TO PROVIDE FOR THE OFFENSE OF CONTINUOUS SEXUAL ABUSE OF A CHILD AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE PROVIDED IN THIS ACT.
Referred to Committee on Judiciary.
S. 759 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF DEER AND DEER PARTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, TRADE, OR BARTER BIRDS PROTECTED BY STATE LAW, GAME FISH, AND ANIMALS, EXCEPT FURBEARERS, AND TO REVISE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 786 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1342 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO STATE FALCONRY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1456, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1343 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Referred to Committee on Ways and Means.
S. 1344 -- Senators Setzler, Drummond, Land, Leventis, J. Verne Smith, Giese and Courson: 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.
Referred to Committee on Ways and Means.
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
Referred to Committee on Ways and Means.
On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:
H. 4528 -- Reps. Kirsh, Foster, Meacham, Delleney and Hyatt: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1992, "YORK COUNTY DAY".
Whereas, the population of York County has grown twenty-three percent during the past ten years and has increased fifty-four percent from 1970 to a current population of 131,500; and
Whereas, retail sales in York County have increased thirty-one percent since 1986 to nearly 1.5 billion dollars in 1990; and
Whereas, a total of ten new companies have located to York County since 1990, providing a total investment of 7.9 million dollars and a total of 163 jobs; and
Whereas, eight existing York County industries expanded since 1990 for a total investment of 9.25 million dollars and 175 new jobs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize York County for its many accomplishments by declaring March 10, 1992, "York County Day".
Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers of Commerce in York County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cole Cooper Cork Council Delleney Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McGinnis McKay McLeod McTeer Meacham Nettles Phillips Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, March 5.
James G. Mattos Timothy F. Rogers Gilda Cobb-Hunter June Shissias David M. Beasley D.W. Neilson Maggie Glover Roland Corning Joseph McElveen Roger Young Rick Quinn Joe Wilder James Cromer Thomas E. Huff Lenoir Sturkie James H. Harrison H.E. Brown John C. Rama John Felder
LEAVES OF ABSENCE
The SPEAKER granted Reps. WILKINS and HODGES a leave of absence due to representing the House in court hearings.
The SPEAKER granted Rep. KENNEDY a temporary leave of absence.
Rep. CLYBORNE 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 4.
Announcement was made that Dr. Lawrence A. Heavrin of Spartanburg is the Doctor of the Day for the General Assembly.
Rep. CLYBORNE moved to adjourn debate upon the following Bill until Tuesday, March 17, 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 Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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 following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Bill was taken up.
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
Rep. HOLT moved to commit the Bill to the Committee on Judiciary.
Rep. CORBETT moved to table the motion, which was not agreed to.
The question then recurred to the motion to commit the Bill to the Committee on Judiciary, which was agreed to by a division vote of 42 to 20.
The following Bill was taken up.
H. 4135 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.
Rep. J. BAILEY moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 3897 -- Reps. Quinn, Harrison, Rogers, T.C. Alexander, Waites and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 39 SO AS TO MAKE IT UNLAWFUL TO SELL TOBACCO PRODUCTS BY VENDING MACHINES IN ANY PUBLIC PLACE THAT IS PREDOMINANTLY FREQUENTED OR USED BY PERSONS UNDER THE AGE OF EIGHTEEN, PROVIDE THAT A MUNICIPALITY AND COUNTY ENFORCE THE PROVISIONS OF THIS CHAPTER, PROVIDE PENALTIES FOR VIOLATION, AND TO INVALIDATE ORDINANCES AND REGULATIONS ADOPTED BY MUNICIPALITIES, COUNTIES, AND POLITICAL SUBDIVISIONS BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12156.DW), which was adopted.
Amend the bill, as and if amended, by striking Section 39-69-20(C), as contained in SECTION 2, page 2, lines 22 through 35, and inserting:
/(C) Tobacco in any form may be sold at retail through vending machines in:
(1) bars and taverns;
(2) food service establishments open to the general public, which are licensed for the sale of spirits;
(3) places to which members of the public, including persons under the age of eighteen years, are not generally permitted access, such as factories, offices, or private clubs.
(D) In all locations not subject to Section 39-69-20(B) or (C), any vending machine through which tobacco is sold at retail in any form must be located in direct sight and under immediate supervision of the owner of the establishment or an employee or agent of the owner. However, the provisions of this chapter do not apply to the owner of the establishment or an employee or agent of the owner if there is a good faith effort to locate the vending machine in direct sight and under the immediate supervision of the owner, employee, or agent./
Amend further in Section 39-69-50(D), page 3, line 32, by striking /Section 39-69-20(C)(2)/ and inserting /Section 39-69-20(D)/ so that when amended Section 39-69-50(D) shall read:
/(D) A person violating Section 39-69-20(D) is guilty of a misdemeanor and, upon conviction, may be fined an amount not to exceed three hundred dollars./
Amend title to conform.
Rep. NETTLES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".
Reps. ROGERS, RUDNICK, WAITES, COUNCIL, COBB-HUNTER, WHIPPER, WHITE, K. BURCH, GLOVER, CORK, MANLY, BEATTY and SHISSIAS objected to the Bill.
The following Bill was taken up.
H. 4191 -- Reps. Cork and Keyserling: A BILL TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAND BANK COMMISSION, PROVIDE FOR THE SOURCE OF FUNDING FOR THE PURPOSES AND OBJECTIVES OF SUCH COMMISSION, PROVIDE FOR AN EXEMPTION FROM THE PROVISIONS OF THIS ACT, REQUIRE AND PROVIDE FOR A REFERENDUM APPROVING A LAND BANK COMMISSION BEFORE THE ORDINANCE ESTABLISHING SUCH COMMISSION MAY BE IMPLEMENTED, PROVIDE FOR FUTURE REFERENDUMS AFTER THE INITIAL REFERENDUM, PROVIDE FOR THE REPEAL OF SUCH ORDINANCE WITHOUT THE NECESSITY OF REFERENDUM APPROVAL, AND PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE SPECIFIED PERCENTAGE APPROVED AT THE REFERENDUM PROVIDED FOR IN THIS ACT WITHOUT THE NECESSITY OF REFERENDUM APPROVAL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9758.JM), which was adopted.
Amend the bill, as and if amended, by adding at the end of SECTION 1: /All funds must be collected by the clerk of court at the time of transfer and remitted to the municipality on a quarterly basis./, so that SECTION 1, when amended, shall read:
/SECTION 1. Subject to the provisions of Section 2, a municipality may by ordinance provide for the establishment of a land bank commission for the purpose of maintaining the environmental integrity of the municipality as an integral part of balanced growth by acquiring, setting aside, and preserving vital resource areas and natural habitats for the enjoyment of future generations of citizens. To fund the purposes and objectives of the municipality's land bank commission, the municipal ordinance shall impose a real estate transfer tax in an amount equal to a specified percentage of the amount of a real estate transaction occurring in the municipality and applicable to that portion of the real estate which is located within the municipality's boundaries, which real estate is sold or otherwise transferred, based on the value of the transaction measured for documentary stamp purposes. The provisions of this act do not apply to a deed, instrument, or writing or real estate transaction whereby lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the State of South Carolina or any of its political subdivisions and departments for highway or other public purposes. The monies collected pursuant to the imposition of the real estate transfer tax must be used in accordance with this section as directed by the governing body of the municipality. All funds must be collected by the clerk of court at the time of transfer and remitted to the municipality on a quarterly basis./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12158.DW), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session, including members of the judiciary, except as provided in subsection (B), a joint committee, composed of eight members, four of whom shall must be members of the House of Representatives and four of whom shall must be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be are selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such those other officers as it may deem considers desirable.
(B) Where the office to be filled is a family court, circuit court, court of appeals, or Supreme Court judgeship, the joint committee must be composed of eleven members as follows:
(1) four members of the House of Representatives;
(2) four members of the Senate;
(3) three members appointed by the Governor, two of whom must be chosen from a list of not more than ten persons submitted by the South Carolina Bar and one of whom must be from the general public and not a lawyer, judge, or member of the General Assembly. The terms of office for the gubernatorial appointees are coterminous with the Governor's term of office."
SECTION 2. The provisions of Section 2-19-10 of the 1976 Code, as amended by the provisions of Section 1 of this act, apply only to the review of qualifications of judicial candidates to be filled after January 1, 1993.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. WILLIAMS explained the amendment.
The amendment was then adopted.
Reps. McELVEEN, HODGES, BARBER and M. ALEXANDER proposed the following Amendment No. 2:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 2 of the 1976 Code is amended by adding:
Section 2-20-10. There is created a Judicial Nominating Commission (commission) to assist the General Assembly in the selection of qualified justices and judges to all judicial vacancies on the family court, circuit court, Court of Appeals, or Supreme Court.
(A) The commission consists of:
(1) three members elected by the House of Representatives, none of whom may be members of the General Assembly, and at least two of whom must be active members of the South Carolina Bar admitted to practice for at least five years and the remaining member may not be a lawyer;
(2) three members elected by the Senate admitted to practice for at least five years, none of whom may be members of the General Assembly and at least two of whom must be active members of the South Carolina Bar admitted to practice for at least five years and the remaining member may not be a lawyer;
(3) three members appointed by the Governor, none of whom are members of the General Assembly and one of whom must be an active member of the South Carolina Bar admitted for at least five years and the two remaining appointees may not be lawyers;
(B) The terms of office of all members are for three years, except those initially appointed have terms as follows: one member elected by the House of Representatives, one member elected by the Senate, and one member appointed by the Governor serve one year; one member elected by the House of Representatives, one member elected by the Senate, and one member appointed by the Governor serve two years, and one member elected by the House of Representatives, one member elected by the Senate, and one member appointed by the Governor serve three years. No member is eligible to succeed himself on the commission except members initially appointed to terms of two years or less may be reappointed for a full term. Vacancies on the commission must be filled for the remainder of the unexpired term in the same manner as provided for the original appointment or election.
(C) No member of the commission is eligible for nomination, election, or appointment as a judge or justice of the State court system while serving on the commission or for a period of three years after he ceases to be a member.
Section 2-20-20. The commission shall meet at least once annually and at such other times as may be designated by the chairman. The commission, at its first meeting and annually after that term, shall elect a chairman who shall serve for a term of one year and until his successor is elected and qualifies. Any member may succeed himself as chairman. The commission also, at its first meeting, shall organize and adopt rules for the purpose of governing its proceedings. Five members of the commission constitutes a quorum at all meetings. Upon the appropriation of sufficient funds by the General Assembly, the commission may employ such clerical and stenographic assistance as may be necessary to effectuate the provisions of this chapter.
Section 2-20-30. For purposes of this chapter, a vacancy is created on a family court, circuit court, Court of Appeals, or Supreme Court when any of the following occurs:
(1) an elected term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement,removal, disability or death.
Section 2-20-40. (A) It is the responsibility of the commission to determine when judicial vacancies are to occur in the family court, circuit court, Court of Appeals, or Supreme Court and expeditiously to investigate in advance the qualifications of those who seek nomination.
(B) If possible, the commission must make nominations as provided below to the General Assembly during the opening week of the regular sessions of the General Assembly for vacancies which will occur in the normal course of events during that regular session of the General Assembly and before the next regular session of the General Assembly.
(C) In the case of vacancies not occurring in the normal course, the commission shall send to the General Assembly nominations for each vacancy as promptly as possible.
Section 2-20-50. The commission shall announce vacancies and forthcoming vacancies on the family court, circuit court, Court of Appeals, or Supreme Court. All persons who may desire to be considered for nomination as justice or judge may make application for consideration by the commission and a person or organization, except this commission or any member of this commission, may submit to the commission the name of a person whom it desires to be considered for nomination. The commission shall announce the names of those persons who have applied, or who have agreed to be considered. The commission shall establish procedures for, including, but not limited to:
(1) a receipt of public statements in support of, or in opposition to any of these candidates;
(2) by public hearings when the commission considers it necessary;
(3) meetings in executive session when the commission considers it necessary which must be conducted in accordance with the provisions of Chapter 4 of Title 30.
Section 2-20-60. (A) The commission is responsible for investigating and considering the ability and suitability of the candidates for judicial office on the family court, circuit court, Court of Appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas: constitutional qualifications, ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, experience, and judicial temperament.
(B) The commission may receive the judicial evaluation information conducted by the South Carolina Bar on each candidate for judicial office from those who are the custodians of the data. In the event there has not been a survey on the candidate, the commission in its discretion may authorize the survey by the South Carolina Bar and may receive the judicial evaluation survey data. All of this data requested and received must be made available to the General Assembly which must be contained in the report of the commission. Any survey must be conducted at the expense of the Bar.
(C) The commission is authorized to obtain information relative to any candidate from any state agency or other group including, but not limited to, the State Court Administrator, any law enforcement agency, and the South Carolina Bar, to the extent permitted by law, and have the power to issue subpoenas requiring the appearance of persons or the production of documents or other tangible things.
Section 2-20-70. (A) After careful consideration of the ability and suitability of each candidate for a judicial vacancy, the commission shall submit to the General Assembly the names of nominees, with its recommendation as to whether each is "qualified for the judicial office under consideration", "highly qualified for the judicial office under consideration", or "not qualified for the judicial office under consideration".
(B) Should the commission conclude that no candidate is "qualified" or "highly qualified" for a vacancy, then the nominating process provided hereinabove shall recommence.
Section 2-20-80. (A) No candidate for a family court, circuit court, Court of Appeals, or Supreme Court judgeship, including a sitting judge, may directly or indirectly campaign among, or lobby, members of the General Assembly for election or re-election to judicial position until such time as the Commission has submitted its nominations to the General Assembly.
(B) No person, at any time, may directly or indirectly seek a pledge from any member of the General Assembly, whether on his own behalf or on behalf of another person, for any candidate or nominee for a vacancy on the family court, circuit court, Court of Appeals, or Supreme Court until such time as the commission has submitted its nominations to the General Assembly.
(C) No member of the General Assembly, at any time, may directly or indirectly pledge his vote to any candidate or nominee for a vacancy on the family court, circuit court, Court of Appeals, or Supreme Court until such time as the commission has submitted its nominations to the General Assembly.
Section 2-20-90. (A) The commission shall adopt, with the approval of the General Assembly, rules and regulations as are necessary to the purposes of the commission. The rules and regulations shall address, among other things, the confidentiality of records and other information received concerning candidates for judicial office, prohibition against ex parte communications with individual members of the commission concerning the qualifications of candidates, and the conduct of proceedings before the commission.
(B) The commission may employ such clerical, investigative, stenographic, and staff assistance as may be necessary to perform its duties."
SECTION 2. (A) This act takes effect upon the appropriation of funds by the General Assembly to permit the commission to perform as anticipated by this Act.
(B) When this Act takes effect, as aforesaid,the Title 2, Chapter 19, as it relates to judicial officers is modified as follows:
1) Section 2-19-10 is amended by deleting the words "of the judiciary";
2) Section 2-19-20 is amended by adding the words "except for the judiciary" after the word "office" on the first line;
3) Sections 20-19-70 and 20-19-80 are repealed./
Amend title to conform.
Rep. McELVEEN explained the amendment.
Reps. WHIPPER, GLOVER, ANDERSON, INABINETT, BEATTY, SCOTT, WHITE and J. BROWN objected to the Bill.
The following Bill was taken up.
S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2192.AC).
Amend the bill, as and if amended, on page 3, Section 62-5-504(A)(6), by adding after the period: /Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The principal shall indicate in the health care power of attorney whether the provision of nutrition and hydration through medically or surgically implanted tubes is desired./ so that when amended item (6) reads:
/(6) 'Life-sustaining procedure' means a medical procedure or intervention which serves only to prolong the dying process. Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The principal shall indicate in the health care power of attorney whether the provision of nutrition and hydration through medically or surgically implanted tubes is desired./
Amend further by deleting Section 62-5-504(C)(1)(d) beginning on page 5, line 35, which reads:
/(d) if the principal is a patient in a hospital or a resident in a nursing care facility at the time the health care power of attorney is executed, be witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this subsection;/ and renumbering remaining subitems to conform.
Amend further, on page 6, Section 62-5-504(C)(2), by adding at the end of the subsection: /If the principal fails to indicate either of the statements in Section 7 concerning provision of artificial nutrition and hydration, the agent does not have authority to direct that nutrition and hydration necessary for comfort care or alleviation of pain be withheld or withdrawn./ so that when amended subsection (C)(2) reads:
/(2) The validity of a health care power of attorney is not affected by the principal's failure to initial any of the choices provided in Section 4, 6, or 7 of the Health Care Power of Attorney form or to name successor agents. If the principal fails to indicate either of the statements in Section 7 concerning provision of artificial nutrition and hydration, the agent does not have authority to direct that nutrition and hydration necessary for comfort care or alleviation of pain be withheld or withdrawn./
Amend further in Section 62-5-504(D) beginning on page 8, line 7 by deleting the last sentence in Section 6 G. which reads: /IF YOU ARE A PATIENT IN A HOSPITAL OR A RESIDENT OF A NURSING CARE FACILITY, ONE WITNESS MUST BE THE STATE OMBUDSMAN OR HIS DESIGNEE./ so that when amended Section 6 G. reads:
/G. ANY PERSON WHO WOULD HAVE A CLAIM AGAINST ANY PORTION OF YOUR ESTATE (PERSONS TO WHOM YOU OWE MONEY).
IF YOU ARE A PATIENT IN A HEALTH FACILITY, NO MORE THAN ONE WITNESS MAY BE AN EMPLOYEE OF THAT FACILITY./
Amend further in Section 62-5-504(D) on page 12, line 3 before /8. Successors./ by adding:
/IF YOU DO NOT INITIAL EITHER OF THE ABOVE STATEMENTS, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN./ so that when amended 7. STATEMENT OF DESIRES REGARDING TUBE FEEDING reads:
/7. STATEMENT OF DESIRES REGARDING TUBE FEEDING
With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that (INITIAL ONLY ONE)
___ I do not want to receive these forms of artificial nutrition and hydration, and they may be withheld or withdrawn under the conditions given above.
___ I do want to receive these forms of artificial nutrition and hydration.
IF YOU DO NOT INITIAL EITHER OF THE ABOVE STATEMENTS, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN./
Amend further in Section 62-5-504(D) beginning on page 13, line 29 by deleting the next to the last sentence in the WITNESS STATEMENT which reads: /If the principal is a patient in a hospital or a resident in a nursing care facility, at least one witness is an ombudsman designated by the State Ombudsman, Office of the Governor./ so that when amended the WITNESS STATEMENT reads:
/WITNESS STATEMENT
I declare, on the basis of information and belief, that the person who signed or acknowledged this document (the principal) is personally known to me, that he/she signed or acknowledged this Health Care Power of Attorney in my presence, and that he/she appears to be of sound mind and under no duress, fraud, or undue influence. I am not related to the principal by blood, marriage, or adoption, either as a spouse, a lineal ancestor, descendant of the parents of the principal, or spouse of any of them. I am not directly financially responsible for the principal's medical care. I am not entitled to any portion of the principal's estate upon his decease, whether under any will or as an heir by intestate succession, nor am I the beneficiary of an insurance policy on the principal's life, nor do I have a claim against the principal's estate as of this time. I am not the principal's attending physician, nor an employee of the attending physician. No more than one witness is an employee of a health facility in which the principal is a patient. I am not appointed as Health Care Agent or Successor Health Care Agent by this document.
Witness No. 1
Signature: __________________ Date: _____________
Print Name: ________________ Telephone: ________
Residence Address:_______________________________
_________________________________________________
Witness No. 2
Signature: __________________ Date: _____________
Print Name: ________________ Telephone: ________
Residence Address:________________________________
_________________________________________________/.
Amend further, Section 62-5-504, by adding a new subsection at the end which reads:
/(R) A physician or health care facility electing for any reason not to follow an agent's instruction that life-sustaining procedures be withheld or withdrawn as authorized in the health care power of attorney shall make a reasonable effort to locate a physician or health care facility that will follow the instruction and has a duty to transfer the patient to that physician or facility. If a nurse or other employee of a health care provider or nursing care provider gives notice that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures as directed by an agent, a reasonable effort shall be made by the physician and the health care provider or nursing care provider to effect the withholding or withdrawal of life-sustaining procedures without the participation of the employee./
Amend further by adding an appropriately numbered section to read:
/SECTION __. Section 44-43-950 of the 1976 Code, as added by Act 29 of 1991, is amended to read:
"Section 44-43-950. As provided in Section 44-43-330, unless there has been notice of opposition by a decedent or actual notice of opposition by a member of the same or a prior class, the following persons in the stated order of priority may give consent for organ or tissue donation, or both:
(1) a health care agent or other attorney in fact authorized to make such gifts by a health care power of attorney or by a durable power of attorney executed pursuant to law;
(1)(2) spouse;
(2)(3) son or daughter eighteen years of age or older;
(3)(4) either parent;
(4)(5) brother or sister eighteen years of age or older;
(5)(6) guardian of the decedent at the time of death;
(6)(7) other person authorized or under obligation to dispose of the body."/
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment and moved to adjourn debate upon the Bill until Tuesday, March 17, which was adopted.
The following Bill was taken up.
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3668.AL), which was adopted.
Amend the bill, as and if amended, Section 22-5-910 as contained in SECTION 1, page 1, line 36, by adding after the period /However, this section does not apply to an offense involving the operation of a motor vehicle./
When amended Section 22-5-910 reads:
/Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."/
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. BAXLEY and RUDNICK withdrew their objections to the following Bill.
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Reps. CLYBORNE and FULMER withdrew their objections to the following Bill.
H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Reps. HYATT and WOFFORD withdrew their objections to H. 3010 however, other objections remained upon the Bill.
Rep. KLAPMAN withdrew his objection to the following Bill whereupon an objection was raised by Rep. JENNINGS.
H. 3687 -- Reps. Fair, Wright, Corbett, Keegan and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES.
Rep. WILDER withdrew his objection to the following Bill.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
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."
On motion of Rep. BOAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
Rep. CORK asked unanimous consent that H. 4191 be read a third time tomorrow.
Rep. CORBETT objected.
On motion of Rep. CLYBORNE, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary.
S. 1217 -- Senators Martschink, Passailaigue, Setzler, Rose, Giese, Courson and Washington: A CONCURRENT RESOLUTION COMMENDING BART DANIEL, UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA, FOR HIS DEDICATION TO DUTY AND HIS UNCEASING EFFORTS TO RESTORE FAITH IN GOVERNMENT IN THIS STATE, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.
On motion of Rep. CLYBORNE, with unanimous consent, the following was taken up for immediate consideration:
S. 1217 -- Senators Martschink, Passailaigue, Setzler, Rose, Giese, Courson and Washington: A CONCURRENT RESOLUTION COMMENDING BART DANIEL, UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA, FOR HIS DEDICATION TO DUTY AND HIS UNCEASING EFFORTS TO RESTORE FAITH IN GOVERNMENT IN THIS STATE, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.
Whereas, Bart Daniel was several years ago appointed by the President and confirmed by the United State Senate to be United States Attorney for the Federal District of South Carolina; and
Whereas, in assuming the responsibilities of the job of chief federal prosecutor, Mr. Daniel brought to the position a genuine fearlessness, a true fighting spirit, and an absolute dedication to duty; and
Whereas, through his leadership, efforts, and determination, he spurred governmental reform in the State and helped move South Carolinians toward a renewed faith in government and elected officials; and
Whereas, he has announced his resignation from the position of U.S. Attorney and will pursue other endeavors; and
Whereas, he has been an excellent chief prosecutor and has always put the welfare of the people above everything else; and
Whereas, he is greatly deserving of an expression of gratitude and recognition for his outstanding work. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, commends Bart Daniel, United States Attorney for the District of South Carolina, for his dedication to duty and his unceasing efforts to restore faith in government in this State and wishes him success and happiness in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Mr. Daniel.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. BOAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4529 -- Reps. Boan, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cole, Cooper, Corbett, Cork, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL THE HONORABLE JAMES WILLIAM JOHNSON, JR., ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE TO THE EIGHTH JUDICIAL CIRCUIT AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS, HIS QUIET AND COOPERATIVE NATURE, AND HIS CONSCIENTIOUS LEADERSHIP IN THE GENERAL ASSEMBLY.
Whereas, our good friend and respected colleague, the Honorable James William Johnson, Jr., has been an esteemed member of the House of Representatives since 1985; and
Whereas, he has made a significant contribution in his work in the General Assembly on the legislative committees on which he has served, most especially on the Ways and Means Committee and the Joint Bond Review Committee; and
Whereas, he has served his community, the public, and private sectors, his peers, and colleagues by his contributions to the organizations in which he has served; and
Whereas, he has achieved a great deal for his district, his constituents, and our State through his quiet and cooperative nature and his conscientious leadership; and
Whereas, on February 5, 1992, the Honorable James William Johnson, Jr., was elected by acclamation to serve as circuit judge to the Eighth Judicial Circuit, a testimony to his ability; and
Whereas, the members of the General Assembly know that their good friend and colleague, James William Johnson, Jr., will be a valuable member of the bench but will be greatly missed by all and wish to thank him for his friendship, wisdom, and leadership. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate and wish well the Honorable James William Johnson, Jr., on his election to serve as Circuit Judge to the Eighth Judicial Circuit and thank him for his valuable contributions, his quiet and cooperative nature, and his conscientious leadership in the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to the Honorable James William Johnson, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. PHILLIPS, with unanimous consent, Rep. KLAPMAN's remarks were ordered printed in the Journal as follows:
"It is a great privilege for me to be able to stand before you and make a few remarks about my friend, Judge Johnson. You know I am not too esteemed or too proud of some of the judges that we have in the State of South Carolina. But, after serving with Judge Johnson, in the 24 years that I have been in this Body, and served with over 300, more than 300 different people, I know of no one that I have ever served with that is of higher character and honesty and integrity than Jim Johnson. And it is a privilege for me and I wanted to get up here and say that to Jim, because I really regret that he is leaving this Body because he has contributed so much through the years to this Body. Thank you very much."
Rep. J.W. JOHNSON made a statement relative to his service in the House of Representatives.
The Senate amendments to the following Bill were taken up for consideration.
H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
Rep. CARNELL moved to adjourn debate upon the Senate Amendments until Tuesday, March 17, which was adopted.
Rep. SNOW moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1020 -- Senators Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND BLUFF ROAD IN RICHLAND COUNTY THE "ISADORE E. LOURIE INTERCHANGE".
Ordered for consideration tomorrow.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 4531 -- Reps. McAbee, L. Elliott, McLeod, D. Williams, Snow, Shirley, Wofford, J. Brown, Carnell, Canty, Smith, Wright, Riser, Council, Rudnick, P. Harris, Harvin, Vaughn, Lanford, L. Martin, Kinon, Altman, Marchbanks, Hyatt, Kirsh, G. Bailey, Meacham, A. Young, Holt, Kempe, D. Martin and Cato: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 17, 1992.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 17, 1992.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4530 -- Reps. Waites, Wilkes, Barber, Wright, Keyserling, Kempe, Shissias, Smith, J. Bailey, McElveen, Cromer, Wells, T.C. Alexander, Corning, Harrison and A. Young: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
Referred to Committee on Ways and Means.
H. 4532 -- Reps. Wofford, H. Brown, D. Williams and J. Williams: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF REAL PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT A COUNTY MAY CONDUCT THE SALE AT A LOCATION OTHER THAN THE COURTHOUSE.
Referred to Committee on Judiciary.
Rep. G. BROWN moved that when the House adjourns it adjourn in memory of James R. Burrows, which was agreed to.
The following Joint Resolution was taken up.
H. 4472 -- Reps. Kirsh, Huff, Beatty, Kempe and R. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
Rep. CROMER objected to the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beatty Bennett Boan Brown, G. Burch, K. Byrd Canty Carnell Cork Council Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harrison Harwell Holt Houck Huff Hyatt Inabinett Jennings Keegan Kempe Keyserling Kinon Kirsh Koon Manly Martin, M. Mattos McAbee McCraw McGinnis McLeod McTeer Neilson Phillips Quinn Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Taylor Townsend Tucker Waites Waldrop Wells Wilder Wilkes Williams, D. Williams, J. Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Anderson Baxley Beasley Bruce Chamblee Clyborne Cooper Corbett Cromer Fair Fulmer Hallman Haskins Jaskwhich Klapman Marchbanks Martin, D. Martin, L. McElveen Meacham Stoddard Sturkie Whipper Young, A.
So, the Joint Resolution was read the second time and ordered to third reading.
I voted for the six months separation for divorce because the change would require a two-third majority vote for a change in the Constitution, so that in the event it received the necessary two-thirds majority I would be in the position of being on the prevailing side to be able to move for re-consideration to work for the defeat of the six months provisions. I do not favor further liberalization of the provisions for divorce in South Carolina believing it to be bad public policy. The Bill providing for the six months provision failed by not receiving a two-thirds majority.
Rep. HICKS HARWELL
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.
H. 4280 -- Rep. Snow: A BILL TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
Rep. SNOW explained the Bill.
H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
Rep. SNOW explained the Bill.
H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
Rep. McABEE explained the Bill.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4258 be read the third time tomorrow.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 4359 be read the third time tomorrow.
The following Bill was taken up.
H. 4268 -- Reps. G. Brown, Felder, Snow, Bennett and McLeod: A BILL TO AMEND SECTION 56-5-4185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE SIZE REQUIREMENTS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8058.BD), which was tabled.
Amend the bill, as and if amended, Section 56-5-4185(A), SECTION 1, page 1, line 35, by striking /forty-six nine and six-tenths/ and inserting /forty-six fifty-two/ so that when amended the subsection reads:
/(A) Notwithstanding Section 56-5-4030 or any other provision provisions of this chapter, the department shall issue, under terms and conditions as in its judgment are in the public interest for safety on the highways, an open end or annual permit for the use on the public highways of cotton modular vehicles. For the purposes of this section, 'cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must may not exceed a width of one hundred seven inches and must may not exceed a length of forty-six fifty-two feet extreme overall dimensions and inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for any a person to violate any a provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. The department may promulgate regulations to carry out the provisions of this section./
Amend title to conform.
Rep. SNOW explained the amendment and moved to table the amendment, which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3688.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 56-5-4185(A), SECTION 1, and inserting:
/(A) Notwithstanding Section 56-5-4030 or any other provision provisions of this chapter, the department shall issue, under terms and conditions as in its judgment are in the public interest for safety on the highways, an open end or annual permit for the use on the public highways of cotton modular vehicles. For the purposes of this section, 'cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must may not exceed a width of one hundred seven inches and must may not exceed a length of forty-six fifty feet extreme overall dimensions and inclusive of front and rear bumpers and load. When loaded, operation of these vehicles may take place only on state and federal highways and roads and only during the day. 'Day' means the time between sunrise and sunset. Operation on federal interstates is limited to empty weight transit into and out of the State. To be valid, the permit must be carried on the vehicle, and it is unlawful for any a person to violate any a provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. The department may promulgate regulations to carry out the provisions of this section./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4268 be read the third time tomorrow.
The following Bill was taken up.
H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8076.BD).
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 46-13-10 of the 1976 Code is amended to read:
"Section 46-13-10. This chapter may be cited as the 'South Carolina Pesticide Control Act'.
This chapter shall and must be administered by the Board of Trustees of Clemson University hereinafter referred to as the Board State Crop Pest Commission."
SECTION __. The Code Commissioner shall change references to "Board of Trustees of Clemson University" to "State Crop Pest Commission" in Chapter 13, Title 46 of the 1976 Code./
Amend further, Section 46-13-100(1), SECTION 3, page 6, line 17, after /responsibility/ by inserting /to/ and page 7, beginning on line 11, by striking /an amount not less than twenty-five thousand dollars/ and inserting /the required amount/ so that when amended the item reads:
/A.(1) The amount of the financial responsibility as provided for in this section shall must be not less than twenty-five thousand dollars for property damage and public liability insurance. Such The director by regulation may increase the financial responsibility to not more than one hundred thousand dollars by category or classification. Financial responsibility shall must be maintained at not less than that sum at all times during the licensed period. The director shall must be notified ten days prior to any before a reduction or cancellation at the request of the applicant or cancellation or nonrenewal of such surety financial responsibility by the surety or insurer; provided, that the total and aggregate of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy; provided, further, that. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding five hundred one thousand dollars for aerial applicators and for all other applicators for the total amount of liability insurance or surety bond required herein; and provided, further, that. If the applicant has not satisfied the requirement of the deductible clause it shall must not be accepted by the director unless such the applicant furnished furnishes the director with a surety bond or liability insurance which shall satisfy satisfies the amount of the deductible as to all claims that may arise in his application of pesticides. A surety bond or insurance policy must be issued by a company authorized to do business within this State. The bond must be filed with the department and exists for the benefit or a holder of a final judgment against the person who filed the bond for personal liability or property damages, or both, as contemplated in item (4). Aerial applicators insured or bonded under Section 55-8-50, may utilize the coverage provided by that policy or bond if the policy or bond specifically covers personal injury or property damage, or both, caused by the aerial application of pesticides in the required amount. The aerial applicator shall furnish appropriate documentation of the coverage to the director.
B. Should the evidence of financial responsibility furnished become unsatisfactory, the applicant shall upon notice immediately execute a new evidence of financial responsibility meeting the requirements of this section and shall he fail to do so, the Director shall cancel his license and give him notice of the fact and it shall be unlawful thereafter for such person to engage in the business of applying pesticides until the financial responsibility is brought into compliance with the requirements of this section and his license is reinstated by the Director./
Amend further by striking Section 46-13-210, SECTION 4, page 8, beginning on line 4, and inserting:
/Section 46-13-210. Any A person aggrieved by any action of the director in a contested case, as defined in Section 1-23-310, may obtain a review thereof of the case by filing in the circuit court within thirty days of notice of the action a written petition praying that the action of the director be set aside pursuant to the Administrative Procedures Act. A copy of such petition shall forthwith be delivered to the director and within thirty days thereafter the director shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside or modify the action of the director except that the findings of the director as to the facts, if supported by substantial evidence, shall be conclusive. A warning or cautionary letter is not judicially reviewable."/
Renumber sections to conform.
Amend title to conform.
Rep. SNOW explained the amendment and moved to adjourn debate upon the Bill until Tuesday, March 17, which was adopted.
The following Bill was taken up.
H. 4282 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8059.BD), which was adopted.
Amend the bill, as and if amended, Section 46-25-20(1), SECTION 2, page 2, line 2, by striking /designates/ and inserting /delegates/ so that when amended the item reads:
/(1) 'Board' means not over five members of the board of trustees of Clemson University who must be designated by the board or its designated agent and authorized representative, the Department of Fertilizer and Pesticide Control, Division of Regulatory and Public Service Programs, Clemson University. 'Commission' means the 'State Crop Pest Commission' or an officer or employee of the commission to whom it delegates its authority./
Amend further, Section 46-25-20(17), SECTION 2, page 4, line 7, by striking /or/ and inserting /or of/ so that when amended the item reads:
/(17) The term 'Unmanipulated manure' means substances composed primarily or of excreta plant remains or mixtures of such the substances which have not been processed in any manner./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4283 -- Rep. Snow: A BILL TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8077.BD), which was adopted.
Amend the bill, as and if amended, Section 46-9-10, SECTION 1, page 2, line 1, by striking /its/ and inserting /the committee's/ so that when amended the section reads:
/Section 46-9-10. On and after April 1st of each even numbered year the board of trustees of Clemson University shall designate not over five of its members who shall constitute and be known as The State Crop Pest Commission of South Carolina and who is established. It shall be charged with the execution of the provisions of execute this chapter, and Section 46-1-140, Chapters 10, 13, 25, 26, 33, 35 and 37 of this title and other duties and responsibilities assigned by law. The commission consists of no less than three members of the Agriculture and Natural Resources Committee of the Clemson University Board of Trustees, or the committee's successor, as designated by the board./
Amend further, Section 46-9-30, SECTION 1, page 3, line 35, by striking /obtain/ and inserting /disclose/ so that when amended the Section reads:
/Section 46-9-30. The Commission shall fix the salaries of the entomologist and the pathologist and their assistants, deputies and agents. Such salaries shall be paid out of the funds provided by law for the use of Clemson University; and in addition to the salaries such expenses as the Commission may allow for traveling and other incidental expenses, including reports and other publications. The commission by regulation shall establish procedures dealing with confidential business information. It is unlawful for an authorized representative of the commission in an official capacity to disclose under this chapter or another applicable chapter of this title information entitled to protection as confidential business information or as a trade secret. This information includes, but is not limited to, research information or new techniques, procedures, or products whether so denominated under federal or state law or regulation. It is unlawful also for the representative to use the information for personal gain or to reveal it to an unauthorized person if the confidential business information or trade secret clearly is delineated as such. A person who violates this section must be fined not more than two hundred dollars or imprisoned not more than thirty days. He also may be dismissed from his position./
Amend further, Section 46-9-90, SECTION 1, page 8, line 15, after /jurisdiction./ by inserting /(B)/ so that when amended the section reads:
/Section 46-9-90. (A) Any A person violating any of the rules this chapter or regulations of the commission shall be deemed is guilty of a misdemeanor and shall, upon conviction thereof, must be punished by a fine of fined not less than fifty dollars nor more than five two hundred dollars, or imprisonment for imprisoned not less than ten days nor more than six months thirty days, or both such fine and imprisonment, at for a first offense, and for a second offense in the discretion of the court having jurisdiction.
(B) The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, the license or certificate holder who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension.
(C) The commission may enforce its rules, ordinances and regulations in any a court of competent jurisdiction by civil as well as criminal proceedings, and. If it is necessary to issue a writ of injunction, no court of this State shall have has the right previous to a trial upon the merits to set aside such the writ on bond. The Attorney General and the solicitors shall represent the Commission whenever called upon to do so. The commission may utilize its own counsel or call upon the Attorney General or the appropriate solicitor, or all of the foregoing. The commission, and its agents in the discharge of its the duties and in the enforcement of the powers herein delegated, in this chapter may administer oaths and hear witnesses, and to that end the various sheriffs through in the State shall serve all summonses and other papers upon the request of the commission./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SNOW asked unanimous consent that H. 4283 be read a third time tomorrow.
Rep. KLAPMAN objected.
Rep. BENNETT moved to adjourn debate upon the following Joint Resolution until Tuesday, March 17, which was adopted.
S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.
Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, March 17, which was adopted.
S. 616 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4370 -- Reps. Hallman, Gonzales, Barber, Whipper, R. Young, Rama, D. Martin, J. Bailey, Fulmer, Holt and Inabinett: A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING THE RELOCATION OF THE NATIONAL MEDAL OF HONOR MUSEUM TO PATRIOTS POINT NAVAL AND MARITIME MUSEUM IN CHARLESTON HARBOR; URGING THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE DEPARTMENT OF EDUCATION, THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, AND THE CITADEL TO LEND THEIR SUPPORT TO THIS EFFORT; AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY THAT PATRIOTS POINT DEVELOPMENT AUTHORITY USE CERTAIN MONIES TO ASSIST IN THESE RELOCATION COSTS AND THAT THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD RESTRUCTURE PAYMENT OF THE BALANCE OF THE LOAN AUTHORIZED IN ACT 623 OF 1990 FOR A FIVE-YEAR PERIOD WITHOUT THE PAYMENT OF INTEREST.
H. 4523 -- The Anderson Delegation: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS JAMES KEITH CHASTAIN OF BELTON, ANDERSON COUNTY, ON BEING SELECTED AS THE "SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR" FOR 1991 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.
H. 4528 -- Reps. Kirsh, Foster, Meacham, Delleney and Hyatt: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1992, "YORK COUNTY DAY".
H. 4529 -- Reps. Boan, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cole, Cooper, Corbett, Cork, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL THE HONORABLE JAMES WILLIAM JOHNSON, JR., ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE TO THE EIGHTH JUDICIAL CIRCUIT AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS, HIS QUIET AND COOPERATIVE NATURE, AND HIS CONSCIENTIOUS LEADERSHIP IN THE GENERAL ASSEMBLY.
At 11:25 A.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of James R. Burrows, to meet at 10:00 A.M. tomorrow.
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