Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord our God, as we come into Your presence we are haunted by duties unperformed, by promptings disobeyed, and by beckonings ignored. We need Your help with the problems that surround us: the problem of greed that we often call profit; the problem of selfishness often called self-interest; the problem of license disguising as liberty; the problem of lust masquerading as ambition; the problem of materialism, the hook which is baited with security.
Help us to see our problems in the right perspective, and by Your help to overcome them. 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.
Rep. MEACHAM moved that when the House adjourns it adjourn in memory of Dr. Connie Lee of York County, which was agreed to.
The question of a quorum was raised.
A quorum was later present.
Reps. MATTOS, P. HARRIS and J. HARRIS presented Marion and Frank Burke, parents of Chris Burke, who plays "Corkey" in the television series, "Life Goes On", and also presented a resolution honoring Kelly Crone, recipient of the National Association of Retarded Citizens "Citizen of the Year" award.
Rep. STODDARD presented the Laurens District 55 High School "Raiders" Football Team Winners of the 1991 4A State Championship, their Coaches, all associated with the Football team and school officials.
The following was received.
March 17, 1992
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Master-in-Equity, with term to expire April 30, 1997:
Mr. Joseph M. Strickland, Richland County Judicial Center, 1701 Main Street, Columbia, S.C. 29201
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committees for consideration.
Document No. 1473
Promulgated By Board of Education
Intervention where Quality of Education in a Local School District is Impaired
Received By Speaker March 18, 1992
Referred to House Committee on Education and Public Works
120 day review expiration date July 16, 1992
Document No. 1475
Promulgated By Clemson University Livestock-Poultry Health Division
Cervidae Entering South Carolina
Received By Speaker March 17, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date July 15, 1992
The following was received.
Document No. 1453
Promulgated By Board of Nursing
Definitions of Terms and Requirements for Official Recognition
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 11, 1992
Withdrawn and Resubmitted March 17, 1992
Received as information.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 1174 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION MUST BE MADE BY RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM SPARTANBURG COUNTY, AND TO DELETE AN OBSOLETE REFERENCE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4102 -- Reps. P. Harris, Carnell, J. Harris and Mattos: 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.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4254 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-36-145 SO AS TO PERMIT A PERSON LICENSED AS AN OCCUPATIONAL THERAPIST IN ANOTHER JURISDICTION TO PRACTICE OCCUPATIONAL THERAPY IN THIS STATE FOR NOT MORE THAN NINETY DAYS AFTER BECOMING A RESIDENT OF THIS STATE PENDING HIS BEING LICENSED IN THIS STATE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report and Rep. KOON, for the minority, submitted an unfavorable report, on:
H. 4392 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO AUTHORIZE CERTAIN ADVERTISING MATERIALS ORIGINATING FROM A REGISTERED PRODUCER OF ALCOHOLIC LIQUORS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 540 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1363 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3876 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF STONE CRABS, SO AS TO PROVIDE FOR THE REMOVAL OF THE CLAW ATTACHED TO THE RIGHT SIDE OF THE BODY INSTEAD OF THE LARGER OF THE TWO CLAWS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4310 -- Reps. Chamblee, Koon and Waldrop: A BILL TO AMEND SECTION 47-13-1350 AND 47-13-1370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA SHOTS, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION TO THIS SHOT FROM SIX TO TWELVE MONTHS BEFORE A HORSE MAY BE BROUGHT INTO THE STATE AND FOR HORSES BROUGHT INTO A PUBLIC ASSEMBLY OF HORSES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4325 -- Rep. Snow: 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.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4396 -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, AUTHORIZE THE LAND RESOURCES CONSERVATION COMMISSION TO ASSESS FINES FOR VIOLATIONS, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4397 -- Rep. Wilkes: A BILL TO AMEND SECTION 12-7-1225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE CONSTRUCTION AND INSTALLATION OR RESTORATION OF WATER IMPOUNDMENTS AND WATER CONTROL STRUCTURES, SO AS TO PROVIDE A CREDIT FOR STRUCTURES DESIGNED FOR WATER QUALITY PROTECTION AND IMPROVEMENT AND PROVIDE REQUIREMENTS FOR PROOF OF EXEMPTION FROM PERMIT REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4438 -- Reps. Snow, G. Brown, Farr, Koon, Smith, Sharpe, Bennett, Riser, McLeod, D. Elliott, Rhoad, Bruce, Harvin, McTeer, Wilder, Altman and Waldrop: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 762 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 763 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4417 -- Rep. Gentry: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4410 -- Reps. Wilkins, Kirsh, Gonzales, Kempe, Harvin, Wells, Quinn, Smith, Rama and Keegan: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4278 -- Rep. Corning: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION, AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4183 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTION 15-78-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF CLAIMS AND ACTIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE FOR THE MANNER IN WHICH PAYMENT OF A CLAIM TO AN INCARCERATED CLAIMANT MUST BE MADE, AND TO PROVIDE FOR CERTAIN NOTICES TO THE SOLICITOR OF THE COUNTY WHERE THE CRIME INVOLVING THE CLAIMANT WAS COMMITTED AND TO ANY ASCERTAINABLE VICTIMS SO THAT ANY FINES OR RESTITUTION MAY BE COLLECTED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4174 -- Reps. Jennings, M. Martin and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1391 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING THE RED RAIDERS OF GREENVILLE HIGH SCHOOL ON WINNING THE BOYS' CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1392 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON WINNING THE BOYS' CLASS AA STATE BASKETBALL CHAMPIONSHIP FOR 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1393 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY ON THE DEATH OF FRANCES RILEY RICHARDSON OF OCONEE COUNTY AND TO EXTEND ITS SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4566 -- Rep. McKay: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO PROVIDE FOR A TEMPORARY CERTIFICATE TO OPERATE UNTIL A LICENSE OR PERMIT IS ISSUED AND DELETE THE REFERENCE TO SERVANT IN SECTION 61-9-320.
Referred to Committee on Labor, Commerce and Industry.
H. 4567 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA COASTAL COUNCIL, RELATING TO MARINAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1405, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.
Referred to Committee on Ways and Means.
H. 4570 -- Rep. J. Bailey: A BILL TO AMEND SECTION 58-27-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY ELECTRIC LIGHT OR POWER WIRE BEING ERECTED WITHIN FIFTY YARDS OF ANY PUBLIC HIGHWAY UNLESS IT MEETS CERTAIN STANDARDS, SO AS TO PROVIDE THAT NO ELECTRICAL LIGHT AND POWER WIRES, TRANSMISSION LINES, OR SYSTEMS CAPABLE OF TRANSMITTING MORE THAN FIFTY KILOVOLTS OF ELECTRICITY MAY BE PLACED WITHIN TWO HUNDRED FIFTY YARDS OF ANY PUBLIC OR PRIVATE SCHOOL, VOCATIONAL OR TECHNICAL SCHOOL, OR INSTITUTION OF HIGHER LEARNING, AND TO PROVIDE CERTAIN CIVIL PENALTIES FOR VIOLATION.
Referred to Committee on Education and Public Works.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Referred to Committee on Judiciary.
H. 4572 -- Reps. Hendricks and L. Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
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.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales 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 Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 18.
R. Linwood Altman Lewis R. Vaughn Annette Young Ralph W. Canty C. Alex Harvin, III J. Derham Cole
The SPEAKER granted Rep. VAUGHN a temporary leave of absence.
Announcement was made that Dr. Theodore A. Watson of Greenville is the Doctor of the Day for the General Assembly.
Rep. HOLT moved that when the House adjourns it adjourn to meet in Local Session on Friday and in Statewide Session at 12:00 Noon on Tuesday.
Rep. G. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Holt Kennedy Rogers Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Anderson Baker Barber Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Hyatt Inabinett Jennings Johnson, J.C. Keegan Kinon Kirsh Klapman Koon Lanford Manly Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod Meacham Neilson Nettles Phillips Rama Rhoad Riser Ross Rudnick Scott Sheheen Shirley Smith Snow Stoddard Stone Sturkie Taylor Tucker Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright
So, the motion was rejected.
I was out of the Chambers at the time of the vote. Had I been in the Chamber, I would have voted no.
Rep. MIKE BAXLEY
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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. KENNEDY moved to adjourn debate upon the following Bill until Thursday, March 19, 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 Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
S. 892 -- Senator Russell: A BILL TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO DELETE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT.
S. 1287 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4110 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
H. 4216 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
H. 4358 -- Rep. Phillips: A BILL TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
Rep. SMITH moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
The following Joint Resolution was taken up.
S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.
Reps. HASKINS, BRUCE, R. YOUNG, RAMA, FULMER and LITTLEJOHN objected to the Joint Resolution.
The following Bill was taken up.
S. 1200 -- Senators Nell W. Smith, Moore and Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.
Rep. D. ELLIOTT objected to the Bill.
The Bill was read the second time and ordered to third reading.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 5, by the Committee on Judiciary.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. HUFF and HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6326.AC), which was adopted.
Amend the bill, as and if amended, Section 62-5-504(I), page 15, by adding at the end of the subsection:
/If a principal has a valid Declaration of a Desire for a Natural Death pursuant to Title 44, Chapter 77, the Declaration must be given effect in any situation to which it is applicable. The agent named in the health care power of attorney has authority to make decisions only in situations to which the declaration does not apply. However, nothing herein prevents the principal or a person designated by the principal in the declaration from revoking the declaration as provided in Section 44-77-80./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. HUFF and HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2330.AC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. The validity of a durable power of attorney that authorizes an attorney to make health care decisions regarding the principal properly executed pursuant to Section 62-5-501 of the 1976 Code before or after the effective date of this act is not affected by the amendments to Part 5, Article 5, Title 62 of the 1976 Code contained in this act./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. FAIR moved to adjourn debate upon the Bill until Thursday, March 19, which was adopted.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 5, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SNOW explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 19, which was adopted.
The following Joint Resolution was taken up.
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8090.BD), which was adopted.
Amend the resolution, as and if amended, Section 48-55-10(A), SECTION 1, page 2, line 14, after chairman, by inserting:/;
(6) State Land Resources Conservation Commission by its chairman;
(7) South Carolina Coastal Council by its chairman/; and Section 48-55-10(B), SECTION 1, page 2, line 19, after /commissions./ by inserting /Members are not eligible for mileage or per diem./ so that when amended the section reads:
/Section 48-55-10. (A) The South Carolina Environmental Awareness Award must be presented annually by a committee of two members appointed from each of the following:
(1) South Carolina Department of Health and Environmental Control by its commissioner;
(2) State Commission of Forestry by its chairman;
(3) South Carolina Sea Grant Consortium by its executive director;
(4) South Carolina Water Resources Commission by its chairman;
(5) South Carolina Wildlife and Marine Resources Commission by its chairman;
(6) State Land Resources Conservation Commission by its chairman;
(7) South Carolina Coastal Council by its chairman.
(B) The committee shall elect from its members a chairman and a secretary. The department or each commission shall provide for the expenses of its members, except collective expenses must be shared by the department and the commissions. Members are not eligible for mileage or per diem./
Amend title to conform.
Rep. STURKIE explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Tuesday, March 24, which was adopted.
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
The following Bill was taken up.
S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Reps. J. WILLIAMS and H. BROWN objected to the Bill.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 20, by the Committee on Labor, Commerce and Industry.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following amendment.
Amend the bill as and if amended by changing the effective date to "January 1, 1994".
Rep. GONZALES explained the amendment.
The SPEAKER granted Rep. STURKIE a leave of absence for the remainder of the day.
Reps. KIRSH and WILKES objected to the Bill.
The following Joint Resolution was taken up.
S. 1346 -- Senators Williams and Holland: A JOINT RESOLUTION TO CHANGE OR SUITABLY DELAY, FOR 1992 ONLY, THE FILING DATES AND PRIMARY DATES FOR ALL LOCAL OFFICES TO REFLECT THE DATES OR DELAYS ORDERED BY A COURT OF COMPETENT JURISDICTION WHICH HAVE BEEN CHANGED BY THE COURT FOR ELECTION OF MEMBERS OF THE SENATE, HOUSE OF REPRESENTATIVES, AND UNITED STATES CONGRESS.
Rep. WILKINS moved to table the Joint Resolution, which was agreed to.
Rep. RAMA moved to adjourn debate upon the following Bill until Tuesday, March 24, which was adopted.
H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.
The following Bill was taken up.
H. 4233 -- Reps. McGinnis, Neilson and Baxley: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE REQUIREMENTS PERTAINING TO REIMBURSEMENT FOR MILEAGE, INSURANCE BENEFITS, AND PER DIEM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2169.AC), which was adopted.
Amend the bill, as and if amended, Section 6-11-91, by adding at the end of the section: /Per diem and subsistence for each member may not exceed one hundred twenty-five dollars a day./ so that when amended Section 6-11-91 reads:
/Section 6-11-91. Notwithstanding any other provision of law The governing body of any a public service district or special purpose district may by resolution or ordinance may fix or change the compensation or other benefits including insurance benefits for the members of the district governing body. Compensation shall not exceed the amounts authorized for mileage for members of state boards, committees and commissions, insurance benefits shall not exceed those provided for state employees and per diem shall not exceed thirty-five dollars a day. Per diem and subsistence for each member may not exceed one hundred twenty-five dollars a day."/
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Reps. SCOTT and LANFORD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2324.AC), which was adopted.
Amend the bill, as and if amended, by striking Section 6-11-91 and inserting:
/Section 6-11-91. Notwithstanding any other provision of law The governing body of any a public service district or special purpose district may by resolution or ordinance may fix or change the compensation or other benefits including insurance benefits for the members of the district governing body. Compensation shall not exceed the amounts authorized for mileage for members of state boards, committees and commissions, insurance benefits shall not exceed those provided for state employees and per diem shall not exceed thirty-five dollars a day. Reimbursement for actual business-related expenses for each member may not exceed one hundred twenty-five dollars a day."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3690.AL), which was adopted.
Amend the bill, as and if amended, by striking Section 23-1-65(A), SECTION 1, and inserting:
/(A) When making application for appointment, a nonrefundable fee of fifty dollars is required of all state constables appointed pursuant to the provisions of Section 23-1-60. A fee of fifty dollars must be paid with each renewal application. No fees are required of employees of the State or any political subdivision appointed in the line of duty, and no fees are required on initial or renewal applications of law enforcement officers who have retired because of disability or who have retired with twenty-five or more years of creditable honorably from service as a law enforcement officer. 'Honorably' means that the officer was not under investigation or subject to any disciplinary proceedings at the time of retirement./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. RUDNICK moved to adjourn debate upon the following Bill, until Thursday, March 19, which was adopted.
S. 1045 -- Senator Stilwell: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT MILITARY IDENTIFICATION CARD.
Reps. BRUCE, RAMA, LITTLEJOHN, HASKINS, FULMER and R. YOUNG withdrew their objections to the following Joint Resolution.
S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.
Rep. HARRELSON withdrew his objection to H. 4290 however, other objections remained upon the Bill.
Rep. RAMA withdrew his objection to H. 3687 however, other objections remained upon the Bill.
The motion of Rep. BEASLEY to reconsider the vote whereby the following Joint Resolution was rejected 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. KIRSH moved to adjourn debate upon the motion to reconsider until Wednesday, March 25, which was adopted.
On motion of Rep. SNOW, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.
On motion of Rep. WOFFORD, with unanimous consent, the following Bills were ordered recalled from the 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.
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.
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.
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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
Rep. WILKINS moved to adjourn debate upon the Senate amendments until Wednesday, March 25, which was adopted.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO PROVIDE 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.
Rep. HASKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Joint Resolution, having received three readings in both Houses, it was ordered that it be enrolled for ratification.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4463 General Subject Matter: Tax Exemption Religions
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. T. C. ALEXANDER
The Senate amendments to the following Bill were taken up for consideration.
H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Rep. ROGERS explained the Senate amendment.
Rep. WALDROP moved to adjourn debate upon the Senate amendments until Thursday, March 19, which was adopted.
The following Concurrent Resolution was taken up.
H. 4328 -- Reps. Tucker and Cooper: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.
Whereas, the Anderson Bypass and the Anderson-Abbeville Connector are integral components of the State Highway Improvement Plan; and
Whereas, the projects will serve transportation needs and improve travel opportunities throughout the State; and
Whereas, a primary objective is to determine the best corridor for the bypass and connector facilities to deliver maximum traffic service and create minimum development impact; and
Whereas, numerous economic benefits will be derived from the project including equal opportunity to access regional hospital and emergency care facilities, educational institutions, shopping, civic arenas, and social and cultural opportunities; and
Whereas, two types of roadway improvements have been considered in the study: one to build a new controlled access facility and one to upgrade an existing highway; and
Whereas, during these economically depressed times the most cost-efficient method is to use the existing highway; and
Whereas, the department has a proposal, Alternative B or D, which will accomplish the objectives of utilizing the existing highway and being fiscally responsible by employing resources efficiently in improving the highway instead of expending greater sums to build a new highway thereby abandoning a viable highway; and
Whereas, the proposal presented at public forum workshops held on October 28 and 29, 1991, and November 4, 1991, provides for the use of an upgraded State Highway 29 to connect with Interstate 85. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is directed to use Alternative B or D utilizing existing State Highway 29 to connect with United States Interstate 85 instead of the proposal to build a new highway or to use State Highway 81 for the Anderson ByPass and the Anderson-Abbeville Connector.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1304 -- Senators Saleeby, Land, Mullinax, Bryan, Pope, Lourie, Macaulay, McConnell, McGill, Nell W. Smith, Hinds, Holland, O'Dell, Stilwell, Fielding, Washington, Matthews, Moore and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION BEFORE ADOPTING A REFORM PACKAGE DEALING WITH MEDICAL INSURANCE.
Whereas, the Board of Directors of the South Carolina Medical Malpractice Liability Insurance Joint Underwriting Association has determined that in 1991 the association achieved net profits in excess of the required surplus and reasonable loss reserves retained in the conduct of business of the association, that excess profits of $6,000,000 constitute surplus, and that this $6,000,000 has been distributed to the policyholders; and
Whereas, this dividend amounted to the return of fifty-five percent of the South Carolina Medical Malpractice Liability Insurance Joint Underwriting Association's 1991 earned premiums; and
Whereas, South Carolina has the lowest medical malpractice insurance rates in the nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina memorialize Congress to consider the South Carolina Medical Malpractice Liability Joint Underwriting Association before adopting a reform package dealing with medical insurance.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Vice President of the United States, and all members of the United States Congress.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
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".
Whereas, Isadore E. Lourie has lived a life of public service beginning as an Administrative Assistant with the South Carolina House Ways and Means Committee from 1959-62; and
Whereas, he was elected to public office in 1964 and served in the South Carolina House of Representatives during the years 1965-72; was elected to the Senate in 1972, and now serves as Majority Leader; and
Whereas, Senator Lourie has authored many significant bills, sponsoring legislation that created the State Commission on Aging, created the Interagency Council on Aging, Homestead Exemption, and income tax relief for homebound elderly; and
Whereas, Senator Lourie's dedication and genuine concern for people is observed through his vigorous participation in civic organizations such as the Jaycees, Civitans, and the American Cancer Society; and
Whereas, in order to recognize the distinguished career of this great South Carolinian, the members of the General Assembly believe it would be fitting to name the interchange at the Southeastern Beltway and Bluff Road in honor of Isadore E. Lourie in recognition of his many years of honorable service and outstanding contributions to the State of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Highways and Public Transportation to name the interchange at the Southeastern Beltway and Bluff Road for Isadore E. Lourie.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.
Whereas, there is a need for improved self-regulation by video retailers to restrict access by minors to unsuitable videotapes; and
Whereas, various voluntary rating systems have been developed to provide guidance to parents and video retailers to assist them in this regard; and
Whereas, the Video Software Dealers Association of America (VSDA) has endorsed the observance of the rating system of the Motion Picture Association of America (MPAA) by its members; and
Whereas, many video retailers have established membership requirements or other procedures to prevent minors from gaining access to motion pictures and videotapes rated "R" and "NC-17" according to MPAA guidelines as well as unrated tapes that may be unsuitable; and
Whereas, VSDA has adopted a "Pledge to Parents" which is another positive example of industry self-regulation; and
Whereas, further voluntary efforts by video retailers need to be made to strengthen these procedures and to insure they are complied with by their employees and staff; and
Whereas, parental involvement and support is the cornerstone of any rating system. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That video retailers are urged to adopt and strengthen membership requirements and other procedures to prevent minors from gaining access to motion pictures and videotapes which are not suitable for minors, including those motion pictures and videotapes rated "R" and "NC-17" under the MPAA guidelines.
That VSDA will undertake to distribute to every video retailer in the state a copy of this resolution and materials, including the "Pledge to Parents", designed to prevent minors from gaining access to inappropriate motion pictures and hold meetings to achieve this goal.
That parents are urged to actively monitor and guide their children's video watching and to exercise their parental responsibility to determine whether a particular motion picture and videotape is suitable for viewing by their children. Parents are urged to utilize the wide variety of information available regarding the content of movies, including the MPAA rating system, other rating systems, movie guides produced by a number of groups, and movie reviews contained in newspapers and magazines.
That the Governor proclaim a "Video Awareness Week" to educate the public regarding the importance of monitoring their children's video watching and to notify video retailers that they should strengthen their efforts at self-regulation. The VSDA and MPAA shall work closely with the Governor's Office to ensure that "Video Awareness Week" accomplishes its stated objectives.
That the Junior League of Greenville's efforts to protect minors by increasing parental awareness and by strengthening the video industry's efforts at self-regulation, is recognized and commended. The Junior League of Greenville is requested to monitor the success of increased voluntary self-regulation by the video retailers and to notify the VSDA or the specific video retailer, or both, of any noncompliance by a video retailer.
Be it further resolved that a copy of this resolution be forwarded to the VSDA, MPAA, and the Junior League of Greenville.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
At 11:55 A.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Dr. Connie Lee of York County, to meet at 10:00 A.M. tomorrow.
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