Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, all around we see abundant evidence of Your presence. We thank You for the loveliness of Spring flowers, the far off twinkle of the star, the music of crystal streams, the deep call of the sea, the far stretches of the meadow, the purple majesty of the mountains.
Make us, we pray, worthy of Your blessings. Plant a more sensitive understanding in our hearts. May the healing breezes of good will constantly blow across our minds, cleansing us of all selfishness. Unite our efforts to accomplish Your mighty plans and purposes.
Teach us to say each day in the words of the Psalmist: "This is the day which the Lord has made; let us rejoice and be glad in it".(Psalm 118:24) 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 Thursday, the SPEAKER ordered it confirmed.
The following was received.
March 14, 1992
The Honorable Robert J. Sheheen
Speaker of the House
The House of Representatives
State of South Carolina
Post Office Box 11867
Columbia, South Carolina 29211
Dear Speaker SHEHEEN:
Having recently been honored by the General Assembly of the State of South Carolina by their election of me to the office of Circuit Judge of the Seventh Judicial Circuit, I do hereby regretfully tender my resignation as a member of the South Carolina House of Representatives from Spartanburg County, District #32, to become effective on the twenty-seventh day of March, 1992.
I wish you and each member of the South Carolina House of Representatives continued success as you go about the business of representing the citizens of the great State of South Carolina and look forward to many more years of our continued association.
With kindest personal regards, I remain,
Sincerely yours,
J. Derham Cole, Member
House of Representatives
State of South Carolina
Spartanburg County, District #32
Received as information.
The following were received and referred to the appropriate committees for consideration.
Document No. 1460
Promulgated By Public Service Commission
900 and 900-Type Services
Received By Speaker March 17, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date July 15, 1992
Document No. 1461
Promulgated By Budget and Control Board
9-1-1 Local Emergency Telephone Services Systems
Received By Speaker March 13, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 11, 1992
Document No. 1471
Promulgated By Board of Education
Annual Budget Deadlines and Schedules
Referred to House Committee on Ways and Means
120 day review expiration date July 15, 1992
Received as information.
Document No. 1472
Promulgated By Board of Education
Health Education Requirements
Received By Speaker March 17, 1992
Referred to House Committee on Education and Public Works
120 day review expiration date July 15, 1992
Document No. 1478
Promulgated By Department of Archives and History
Certification of Rehabilitated Historic Buildings for Special Tax Assessment
Received By Speaker March 12, 1992
Referred to House Committee on Ways and Means
120 day review expiration date July 10, 1992
The following was received.
Document No. 1414
Promulgated By Licensing Board for Contractors
Authorized Insurers of Fire Sprinkler Contractors
Referred to House Committee on Labor, Commerce and Industry
Withdrawn March 6, 1992
The following was received.
Document No. 1440
Promulgated By Department of Highways and Public Transportation
Disadvantaged Business Enterprises Program
Referred to House Committee on Education and Public Works
120 day review expiration date May 13, 1992
Withdrawn and Resubmitted: March 13, 1992
Rep. TUCKER moved that when the House adjourns it adjourn in memory of Mrs. Louise Ervin, mother of former House member Tom Ervin, which was agreed to.
The Senate returned to the House with amendments the following:
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
The Senate amendments were agreed to, and the Joint Resolution, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4552 -- Reps. Klapman, Wright, Riser, Corning, Waites, Taylor, Koon, Sharpe, Felder, Harrison, Byrd, Quinn, Council, Kirsh, Shissias, Rogers, Cromer, J. Brown, Scott and Sturkie: A HOUSE RESOLUTION EXPRESSING THE SATISFACTION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ON LEARNING THAT CONGRESSMAN FLOYD SPENCE OF THE SECOND DISTRICT OF SOUTH CAROLINA IS SCHEDULED TO BECOME THE RANKING MINORITY MEMBER OF THE ARMED SERVICES COMMITTEE OF THE UNITED STATES HOUSE OF REPRESENTATIVES IN THE NEW CONGRESS THAT CONVENES IN JANUARY, 1993.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4553 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ANDERSON PERRY OF NEWBERRY UPON THE OCCASION OF HIS ONE HUNDRED TENTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1059 -- Senator Giese: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA ORAL HEALTH TASK FORCE AND ITS RECOMMENDATIONS AND TO COMMEND THE TASK FORCE FOR ITS DEDICATION AND HARD WORK IN ADDRESSING THIS IMPORTANT HEALTH ISSUE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1386 -- Senators Passailaigue, McConnell, Fielding, Matthews, Martschink, Helmly, Rose and Washington: A CONCURRENT RESOLUTION TO MEMORIALIZE MR. SEAN O'KEEFE, COMPTROLLER OF THE DEPARTMENT OF DEFENSE, AND THE DEPARTMENT OF DEFENSE TO FAVORABLY CONSIDER CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES, THE TRI-COUNTY AREA OF SOUTH CAROLINA, AS A SITE FOR ONE OF THE REGIONAL CENTERS WHICH IS TO BE CREATED AS A RESULT OF THE CONSOLIDATION OF EXISTING FINANCE AND ACCOUNTING ACTIVITIES.
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. 4554 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-175 SO AS TO PROVIDE FOR THE NUMBER OF BUSINESS SIGNS WHICH MAY BE DISPLAYED ON PANELS ON HIGHWAYS IN RURAL AREAS.
Referred to Committee on Education and Public Works.
H. 4555 -- Reps. Corbett, Keegan, D. Elliott and L. Martin: A BILL TO AMEND ACT 287 OF 1989, RELATING TO THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO EXTEND THE TERM OF A BOARD MEMBER.
On motion of Rep. KEEGAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4556 -- Rep. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-220 SO AS TO PROVIDE THAT A FUGITIVE FROM JUSTICE MAY NOT TESTIFY BEFORE A LEGISLATIVE COMMITTEE, STATE BOARD, OR STATE COMMISSION ON THE SUBJECT OF PROPOSED OR PENDING LEGISLATION OR ADMINISTRATIVE ACTION EXCEPT PURSUANT TO REQUEST OR ORDER AND TO PROVIDE THAT A FUGITIVE FROM JUSTICE MAY NOT REGISTER AS A LOBBYIST.
Referred to Committee on Judiciary.
H. 4557 -- Rep. R. Young: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Referred to Committee on Judiciary.
H. 4558 -- Rep. Sheheen: A JOINT RESOLUTION TO PROVIDE THAT CANDIDATES FOR SCHOOL BOARD IN KERSHAW COUNTY, FOR 1992 ONLY, SHALL FILE FOR THE OFFICE BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH, TO PROVIDE AN EXCEPTION IN THE CASE OF EARLIER FILINGS IN ACCORDANCE WITH OTHERWISE APPLICABLE PROVISIONS OF LAW, AND TO PROVIDE THAT THE DATE OF THE INITIAL ELECTION IS THE FOURTH TUESDAY IN AUGUST.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4559 -- Reps. Harrelson and Delleney: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.
Referred to Committee on Labor, Commerce and Industry.
H. 4560 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO EXEMPT "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" FROM COUNTY-ENACTED OR MUNICIPAL-ENACTED ZONING AND DEVELOPMENT STANDARD ORDINANCES, EXCEPT FOR BUILDINGS DESIGNED FOR PUBLIC ACCESS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4562 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.
Referred to Committee on Judiciary.
H. 4565 -- Reps. Kempe and Beatty: A BILL TO ENACT THE SOUTH CAROLINA "COMPUTER TECHNOLOGY AND DATA MANAGEMENT ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 30-4-52, 30-4-54, AND 30-4-56 SO AS TO PROVIDE FOR THE IMPACT OF INFORMATION MANAGEMENT TECHNOLOGY ON ACCESS TO PUBLIC RECORDS, INFORMATION DISSEMINATION AND SERVICES BY GOVERNMENT AGENCIES, USE OF GOVERNMENT OWNED INFORMATION MANAGEMENT SYSTEMS FOR COMMERCIAL PURPOSES, AND THE JOINT DEVELOPMENT AND FINANCING OF INFORMATION MANAGEMENT SYSTEMS BY COUNTIES, MUNICIPALITIES, STATE AGENCIES, AND OTHER UNITS OF GOVERNMENT; AND TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PUBLIC RECORD" IDENTIFIABLE INFORMATION RELATED TO THE PERFORMANCE, ACTIVITIES, AND DECISIONS OF PUBLIC OFFICIALS, TO PROVIDE THAT WHEN RECORDS ARE DIGITALLY STORED IN COMPUTER SYSTEMS, ACCESS TO CERTAIN SOFTWARE NECESSARY TO ACCESS THESE RECORDS MUST BE GRANTED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT NOTHING IN THIS SECTION AUTHORIZES OR REQUIRES THE COPIES AND DELIVERY OF ENTIRE DATABASES FOR COMMERCIAL USE OR REQUIRES THE PROVISION OF ELECTRONIC PRODUCTS AND SERVICES.
Referred to the Committee on Judiciary.
S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Rep. WALDROP asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1110 -- Senators Lourie, Giese, Passailaigue and Rose: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1139 -- Senator Giese: A BILL TO AMEND SECTION 40-43-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACY PERMIT AND RENEWAL FEES, SO AS ALSO TO APPLY THE FEES TO A DRUG OUTLET, TO INCREASE THE FEES, AND TO ESTABLISH A FEE FOR RELOCATION OF A PHARMACY OR DRUG OUTLET.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: 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.
On motion of Rep. CARNELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1308 -- Senators Nell W. Smith, Mullinax and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.
Referred to Committee on Education and Public Works.
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
Referred to Abbeville Delegation.
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
Rep. BOAN raised the Point of Order that S. 1378 was out of order as it violated Article III, Section 15 of the Constitution which states that Bills raising revenue should originate in the House of Representatives.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate.
The following was introduced:
H. 4563 -- Rep. Kinon: A HOUSE RESOLUTION TO CONGRATULATE THE LAKE VIEW "WILD GATORS" HIGH SCHOOL FOOTBALL TEAM, DILLON COUNTY, FOR WINNING THE STATE A DIVISION II FOOTBALL CHAMPIONSHIP AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 8, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Lake View "Wild Gators" High football team, Dillon County, won a dramatic State A Division II Championship for 1991; and
Whereas, the team finished the season with fourteen wins and one loss. Now, therefore,
Be it resolved by the House of Representatives:
That the Lake View "Wild Gators" High School Football Team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 8, 1992, for the purpose of being recognized for winning the State A Division II Football Championship.
The Resolution was adopted.
The following was introduced:
H. 4564 -- Rep. Phillips: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1992.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, L. Fair Farr Felder Foster Fulmer Gentry Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, March 17.
Don Beatty Maggie W. Glover C. Alex Harvin, III Dick Elliott J. Derham Cole
LEAVE OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a leave of absence for the week.
The following Bill was taken up.
The Bill was read the third time, and ordered sent to the Senate.
Rep. BEASLEY moved to adjourn debate upon the following Bill until Wednesday, March 18, which was adopted.
H. 4489 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4546 -- Rep. Wilkes: A BILL TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 31, which was adopted.
H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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".
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.
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.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 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.
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. Beatty Brown, G. Brown, H. Brown, J. Bruce Burch, K. Canty Carnell Cobb-Hunter Corning Council Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harvin Hendricks Holt Houck Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Lanford Littlejohn Mattos McAbee McCraw McGinnis McLeod McTeer Neilson Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sheheen Shirley Shissias Smith Snow Stone Taylor Tucker Waites Waldrop White Wilder Wilkes Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Baker Barber Baxley Beasley Boan Byrd Cato Chamblee Clyborne Cooper Corbett Cromer Delleney Fair Fulmer Hallman Haskins Hodges Jaskwhich Klapman Koon Marchbanks Martin, D. Martin, L. Martin, M. McElveen Meacham Sharpe Sturkie Vaughn Wells Whipper Wilkins Williams, J.
So, the Joint Resolution was rejected.
I voted no on H. 4472 which would shorten the length of time required to get a divorce in South Carolina to six months. I find it somewhat disturbing that this bill was speeding through our legislative process so quickly. With all of the campaign speeches we hear about preserving and restoring morals in society, and beginning this preservation and restoration in the home, I cannot agree with a bill that would allow for a faster dissolution of marriage. I do not believe that children or family units would be best served by this bill: it is a move in the wrong direction in my view.
Rep. J.L. MANN CROMER, JR.
Rep. BEASLEY moved to reconsider the vote whereby the following Joint Resolution was rejected.
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. HASKINS moved to table the motion to reconsider.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Baker Baxley Beasley Boan Cato Chamblee Clyborne Cooper Corbett Cromer Delleney Fair Fulmer Hallman Harvin Haskins Hodges Jaskwhich Klapman Koon Marchbanks Martin, L. McElveen Meacham Sharpe Snow Sturkie Vaughn Williams, J.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bailey, J. Beatty Brown, G. Brown, H. Bruce Burch, K. Canty Carnell Cobb-Hunter Corning Council Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harrison Hendricks Holt Houck Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kinon Kirsh Lanford Littlejohn Martin, M. Mattos McAbee McCraw McGinnis McKay McLeod McTeer Neilson Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sheheen Shirley Shissias Smith Stoddard Stone Taylor Tucker Waites Waldrop White Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
Rep. McTEER moved to adjourn debate upon the motion to reconsider, which was adopted.
Rep. HASKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.
H. 4553 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ANDERSON PERRY OF NEWBERRY UPON THE OCCASION OF HIS ONE HUNDRED TENTH BIRTHDAY.
At 12:35 P.M. the House in accordance with the motion of Rep. TUCKER adjourned in memory of Mrs. Louise Ervin, mother of former House member Tom Ervin, to meet at 10:00 A.M. tomorrow.
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