Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, in Whom we trust and by Whose guidance we have been brought to this hour, bless the members of this House of Representatives, its clerks, attaches, pages and all others connected with its important work. Give them health to do their tasks, prudent judgments for the decisions to be made, wisdom beyond their own, and clear understanding for the tasks at hand. Inspire us to practice fair play, honest dealings, sincere talk, and a greater trust in God.
Cause us always to look to You for guidance as we hear clearly the words of the prophet Isaiah: " The people who walked in darkness have seen a great light" (Isaiah 9:2). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
March 19, 1992
The Honorable Robert J. Sheheen
Speaker of the House
506 Blatt Building
Columbia, S.C. 29211
Dear Bob:
The purpose of this letter is to notify you of my intent to resign as a member of the South Carolina House of Representatives effective Monday, March 23, 1992.
I would also like to take this opportunity to thank you for your friendship and the many kindnesses you have extended to me during my service in the House. I am grateful for having had the opportunity to serve under your strong and effective leadership.
With warmest regards, I am
Very truly yours,
HOLLY CORK
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4494 -- Reps. Wilkes and Waites: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO HALT UNFUNDED FEDERAL MANDATES TO THE STATE AND ITS LOCALITIES.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4495 -- Reps. Tucker, Felder, McLeod, Sharpe, Haskins, Wright, Riser, Harrison, Klapman, Huff, Wofford, Smith, Snow, Stone, Bruce, Meacham, Baxley, McKay, Mattos, D. Martin and Rogers: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA, IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND OTHER NECESSARY STATE OFFICIALS, TO SEEK THAT RELIEF HE CONSIDERS APPROPRIATE AND ATTAINABLE FROM THE REQUIREMENTS OF THE CONSENT DECREE IN THE CASE OF NELSON V. LEEKE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4564 -- Rep. Phillips: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1992.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4387 -- Reps. Corning, Keyserling, Harrison, Kirsh, Wilkes, Waites and Wofford: A BILL TO AMEND SECTION 8-13-1342, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO PARTICIPATED IN THE AWARDING OF A CONTRACT, AND THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO REFERRALS FOR THE RENDERING OR PROVIDING OF PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, DELETE THE EXEMPTION RESPECTING CONTRACTS AWARDED THROUGH COMPETITIVE BIDDING, AND PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4249 -- Rep. Waldrop: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
Ordered for consideration tomorrow.
The following was introduced:
H. 4573 -- Reps. Manly, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A HOUSE RESOLUTION TO EXTEND CONGRATULATIONS TO SOUTHSIDE HIGH SCHOOL OF GREENVILLE ON WINNING THE BOYS' CLASS AA STATE CHAMPIONSHIP IN BASKETBALL, AND TO ALLOW THE MEMBERS OF THE SOUTHSIDE TIGERS BASKETBALL TEAM AND THEIR COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 2, 1992, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, Southside High School of Greenville defeated Silver Bluff 65-51 at Carolina Coliseum in Columbia in March to claim the boys' Class AA state championship in basketball; and
Whereas, the Tigers of Southside were the State's highest scoring team in 1991-92; and
Whereas, Southside's attaining the state crown for Class AA has made all of Greenville County proud of these excellent athletes and is an honor greatly deserving of recognition. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend congratulations to Southside High School of Greenville on winning the boys' Class AA state championship in basketball.
Be it further resolved that the members of the Southside Tigers basketball team and their coaches be granted the privilege of the floor of the House of Representatives, at a time to be designated by the Speaker, on Thursday, April 2, 1992, for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be presented to the Southside Tigers team and coaching staff.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1397 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILEY KOON, SR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4574 -- Reps. Barber and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-75 SO AS TO GRANT AN EXEMPTION TO CERTAIN PERSONS FROM THE EDUCATIONAL AND EXAMINATION REQUIREMENTS OF SECTION 40-60-70(B) FOR THE STATE-LICENSED REAL ESTATE APPRAISER CLASSIFICATION, TO WITHHOLD THE EXEMPTION UNDER CERTAIN CIRCUMSTANCES, AND TO AUTHORIZE THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD TO MODIFY THE PROVISIONS OF SECTION 40-60-75 TO BRING IT INTO CONFORMITY WITH GUIDELINES OR RULINGS ESTABLISHED BY THE APPRAISAL SUBCOMMITTEE.
Referred to Committee on Labor, Commerce and Industry.
H. 4575 -- Rep. Rogers: A BILL TO AMEND SECTION 61-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER AND WINE TO CERTAIN PERSONS, SO AS TO REVISE THE PENALTY.
Referred to Committee on Judiciary.
H. 4576 -- Reps. Rogers and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY OFFENSE OF CHILD ENDANGERING, TO PROVIDE PENALTIES, AND TO ADD THIS OFFENSE TO THOSE CRIMES CLASSIFIED AS FELONIES.
Referred to Committee on Judiciary.
H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4578 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-65 SO AS TO ESTABLISH THE CRIME OF RECKLESS ENDANGERMENT AND PROVIDE A PENALTY FOR VIOLATION.
Referred to Committee on Judiciary.
H. 4579 -- Reps. Farr, Barber, G. Bailey, Fulmer, McLeod, Harwell, D. Williams, Littlejohn, Phillips, Waldrop, Wright, Rama, McCraw, White, Riser, Neilson, Snow, Delleney, Bennett, Baxley, McElveen, McKay, Cooper, Koon, Byrd, Stoddard, Jennings, Harvin, Shirley, Cato, Keegan, Hallman, Tucker, Sharpe, Rhoad, Townsend, Beasley, D. Elliott, Wofford, Quinn, L. Elliott, Chamblee, Lanford, Wells, Anderson, Shissias, McGinnis, Altman, Wilder, A. Young, Smith, Cromer, Kennedy, Ross, R. Young, Corbett, M. Martin and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-675 SO AS TO PROVIDE THAT A PERSON ENGAGED IN BONA FIDE FARMING OPERATIONS MAY OBTAIN NOT MORE THAN THREE SPECIAL AGRICULTURAL LICENSE PLATES WHICH MAY BE TRANSFERRED AMONG AND AFFIXED TO THE TRUCKS OF THAT PERSON USED IN HIS FARMING OPERATIONS AT THE TIME THEY ARE BEING OPERATED UPON THE HIGHWAYS OF THIS STATE, TO PROVIDE FOR THE COST OF THESE SPECIAL AGRICULTURAL LICENSE PLATES, THE MANNER AND CONDITIONS OF THEIR USE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Education and Public Works.
H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.
Referred to Committee on Education and Public Works.
H. 4581 -- Rep. Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-5-460 SO AS TO PROVIDE THAT IN EACH JUDICIAL CIRCUIT OF THIS STATE A DIVISION OF THE COURT OF GENERAL SESSIONS TO BE KNOWN AS THE "TRAFFIC DIVISION" IS ESTABLISHED, TO PROVIDE FOR THE OFFENSES WHICH ARE TRIABLE IN THE TRAFFIC DIVISION, TO PROVIDE THAT THESE OFFENSES MUST BE TRIED OR OTHERWISE DISPOSED OF WITHIN THIRTY DAYS OF THE OFFENSE, AND TO PROVIDE FOR THE ASSIGNMENT OF JUDGES FOR THIS DIVISION AND FOR THE MANNER IN WHICH JURORS MUST BE SUMMONED AND DRAWN.
Referred to Committee on Judiciary.
H. 4582 -- Reps. Barber, Rama, Holt, Hallman, Fulmer and R. Young: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S10-1473 LOCATED IN CHARLESTON COUNTY.
On motion of Rep. BARBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4583 -- Reps. Jennings and Beasley: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO CHANGE THE MARLBORO COUNTY BOARD OF EDUCATION FROM SEVEN TO NINE MEMBERS, TO PROVIDE THAT ALL MEMBERS MUST BE ELECTED IN 1992 EXCEPT THOSE WHOSE TERMS DO NOT EXPIRE IN 1992, TO CHANGE THE SINGLE-MEMBER DISTRICTS FROM SIX DISTRICTS TO EIGHT DISTRICTS WHICH CORRESPOND TO THE ELECTION DISTRICTS FOR THE ELECTION OF MEMBERS TO THE COUNTY COUNCIL OF MARLBORO COUNTY, AND TO PROVIDE PER DIEM OF THIRTY-FIVE DOLLARS A MEETING.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
Referred to Committee on Judiciary.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 4583 be read the second time tomorrow.
The following was introduced:
H. 4584 -- Reps. Anderson, Wilkins, Manly, M.O. Alexander, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos and Vaughn: A HOUSE RESOLUTION TO CONGRATULATE THE GREENVILLE HIGH SCHOOL "RED RAIDERS" BOYS' VARSITY BASKETBALL TEAM FOR WINNING THE AAA UPPERSTATE CHAMPIONSHIP AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 1, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Greenville High School "Red Raiders" Boys' Varsity Basketball Team won the AAA Upperstate Championship for 1991; and
Whereas, the team finished the regular season with nineteen wins and seven losses, the conference tournament with two wins and one loss, and the state playoff with four wins and no losses; and
Whereas, Greenville High School Coach William L. Johnson is commended for his outstanding coaching abilities in guiding this team to its first championship since 1965. Now, therefore,
Be it resolved by the House of Representatives:
That the Greenville High School "Red Raiders" Boys' Varsity Basketball Team and its coach, William L. Johnson, are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 1, 1992, for the purpose of being recognized for winning the AAA Upperstate Championship.
The Resolution was adopted.
Rep. A. YOUNG moved that when the House adjourns it adjourn in memory of Mr. Ronnie Atkins of Dorchester County, which was agreed to.
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 Cole Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, March 19.
Stephen E. Gonzales R. Linwood Altman James H. Harrison Levola S. Taylor C. Lenoir Sturkie Richard M. Quinn, Jr. Ralph W. Canty
LEAVE OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.
The following was received.
March 19, 1992
The Honorable Robert J. Sheheen
Speaker,
House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
As you know, the Senate has declined to consider H. 4500, the General Appropriations Bill, and acted yesterday to return the Bill to the House. The Senate has asked me to convey to you its strong feeling that the method that the House used to establish a revenue base for the Bill does not represent sound fiscal policy. Concerns over the state's Triple A credit rating, the funding of continuing state obligations with one time money and the violation of longstanding dedicated funding mechanisms are chief among the factors that the Senate considered.
The Senate stands ready to cooperate and work with the House on a General Appropriations Bill that meets fully, the spirit and letter of the law and the Constitution. I would be most happy to meet with you personally to review our specific concerns in detail.
Sincerely,
John Drummond
Received as information.
The following Bill was taken up.
S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.
Rep. T.C. ALEXANDER moved to reconsider the vote whereby the Bill was given a third reading, which was agreed to.
Rep. T.C. ALEXANDER moved to table the Bill, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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. 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.
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.
The following Bill was taken up.
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.
Rep. HARVIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12234.DW), which was adopted.
Amend the bill, as and if amended, in the second paragraph of Section 7-7-190 of the 1976 Code, as contained in SECTION 1, line 26, by inserting after /Station./ /The voting place for the Harmony Precinct is the Pleasant Grove School./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
Rep. FAIR explained the Bill.
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.
Rep. J. BROWN explained the Bill.
H. 4104 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO PROVIDE THAT CONSIDERATION MUST BE GIVEN TO CONSUMER AND FAMILY REPRESENTATION WHEN RECOMMENDING AND APPOINTING MEMBERS TO THE BOARD.
H. 3795 -- Rep. Quinn: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, AND SECTION 33-4-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES UNDER THE BUSINESS CORPORATION ACT, SO AS TO FURTHER PROVIDE FOR THE SELECTION, RESERVATION, AND USE OF FICTITIOUS OR ASSUMED NAMES.
Rep. M.O. ALEXANDER explained the Bill.
H. 3796 -- Rep. Quinn: A BILL TO AMEND SECTION 41-25-30, AS AMENDED,CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A PERSON ENGAGED IN THE PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESS, SO AS TO DELETE A REQUIREMENT THAT A LICENSEE MAKE PUBLIC NOTIFICATION OF CLOSURE OF ITS BUSINESS IN A NEWSPAPER OF GREATEST CIRCULATION IN THE COUNTY IN WHICH IT IS LOCATED IF THE SECRETARY OF STATE DENIES THE RENEWAL OF ITS LICENSE.
Rep. M.O. ALEXANDER explained the Bill.
H. 4393 -- Rep. McLeod: A BILL TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4104 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3795 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3796 be read the third time tomorrow.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
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.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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 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.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4281 be read the third time tomorrow.
Rep. WALDROP moved to adjourn debate upon the following Bill until Tuesday, March 24, which was adopted.
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
The following Bill was taken up.
H. 4094 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2183.AC), which was adopted.
Amend the bill, as and if amended, by deleting the last sentence of the item added by Section 1 of the bill to Section 43-21-40 which reads /Fees collected must be deposited, maintained, and controlled in accordance with Comptroller General and State Treasurer policies and procedures, and unused fees may be carried forward to the next fiscal year for the same purpose./ and inserting: /Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose./ so that when amended the item reads:
/( ) Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose./
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4094 be read the third time tomorrow.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, March 24, which was adopted.
H. 4106 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, March 24, which was adopted.
H. 4107 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, March 24, which was adopted.
H. 4101 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
The following Bill was taken up.
H. 4145 -- Reps. J. Bailey, Corning, McElveen, Scott and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-242 SO AS TO PROVIDE THE INSURANCE REQUIREMENTS FOR A MOTOR VEHICLE THAT IS NOT DRIVEN BECAUSE IT IS BEING RESTORED AND PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 38-77-120, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO REQUIRE NOTICE OF THE RANGE OF POTENTIAL PENALTIES REGARDING THE FINANCIAL RESPONSIBILITY LAW.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8147.BD), which was adopted.
Amend the bill, as and if amended, SECTION 3, page 3, line 9, by striking /1991/ and inserting /1992/ so that when amended the SECTION reads:
/SECTION 3. Section 1 of this act takes effect July 1, 1992. Section 2 takes effect upon approval by the Governor and applies to notices made at least one hundred eighty days after approval by the Governor./
Amend title to conform.
Rep. J. BAILEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6220.HC).
Amend the bill, as and if amended, by striking Section 41-3-730, as contained in Section 1, beginning on page 2, and inserting:
/Section 41-3-730. Every application for a license under this section must be duly verified and in writing, and, in the case of a corporation or association, signed by its president and attested by its secretary. It shall set forth the information required by the division and the application for a participant's license must be accompanied by a copy of the applicant's birth certificate or other proof of age acceptable to the division and a written waiver by the applicant of any cause of action against a member or employee of the division, or of a county athletic commission, referee, ringside physician, or other official arising out of the proper performance of their official duties. No license may be granted to a participant less than eighteen years of age but the division may waive this age limit for a specific participant. License applications must be filed with the division at least one week before the division's actions but the time requirement may be waived in the event of emergency substitutions./
Amend further, in Section 1, page 3, by striking Section 41-3-750(2) on lines 40 through 42 and inserting:
/(2) provides evidence that a policy of medical and hospitalization insurance satisfactory to the division covers every participant;/.
Amend further, in Section 1, page 5, by striking Section 41-3-830 and inserting:
/Section 41-3-830. The provisions of this article do not apply to a boxing, wrestling, or sparring exhibition, contest, or performance conducted by an institution of higher education or secondary school if all participants are students regularly enrolled in the institution or school, nor does this article apply to boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or such other amateur association, or group approved by the division./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 26, which was adopted.
The following Joint Resolution was taken up.
S. 1261 -- Banking and Insurance Committee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
Rep. NEILSON moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 1263 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.
Rep. NEILSON moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
S. 1265 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.
The following Bill was taken up.
H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck,Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18867.SD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds that:
(1) the public school day is filled with an abundance of activities, demanding schedules, and substantial pressure for students and teachers;
(2) it is appropriate at the beginning of the school day to observe one minute of voluntary silent prayer, free of the myriad distractions that intrude on the educational process, so that students and teachers can contemplate the challenges of the upcoming school day and assume a frame of mind that promotes the proper atmosphere for learning and teaching.
SECTION 2. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-442. Schools must set aside a one-minute period to allow for voluntary silent prayer at the beginning of each school day in all public elementary and secondary schools in this State. Students may participate on a voluntary basis."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment.
Rep. KEYSERLING objected to the Bill.
Rep. MEACHAM spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. MEACHAM having the floor.
Rep. WILKES withdrew his objection to the following Bill.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. CANTY withdrew his objection to S. 371 however, other objections remained upon the Bill.
On motion of Rep. FARR, with unanimous consent, Rep. CORK's remarks were ordered printed in the Journal as follows:
"Thank you, Mr. Speaker, ladies and gentlemen, friends... This is my last day with you here. The Election Commission in Beaufort county is meeting right now and hopefully, certifying my election. I will be moving to the Senate next week. I want, first of all, to thank you for your friendship and your kindness and to tell you that I have enjoyed my service in the House more than you can know. I will miss you all. I have a great respect for this legislative Body and I love working here and I love being a part of this Body, but the reason that it has been such a special experience for me is the people that I have had the chance to get to know and I want to thank you all for being so wonderful and being such good friends to me and working with me. It's been great. I also want to extend to you all an invitation to come to my swearing in which will be in Beaufort at the County Courthouse at 3:00 P.M. on Monday afternoon. I will be across the hall. This is really difficult for me, it is emotional. I'm not leaving forever. I'm not going to China as I said to some people. For some people, maybe going to China might be a better thing to do, but I am looking forward to serving in the Senate and I want you to know that you will always have a friend in Holly Cork and I don't want my moving across the hall to mean that anything has changed and I hope that you all can feel the same way about me. Thank you."
On motion of Rep. BAXLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4585 -- Rep. Baxley: A HOUSE RESOLUTION TO RECOGNIZE THE SINGING GROUP, SCHOOL DAZE, AND ITS DIRECTORS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOR THEIR DEDICATION AND HARD WORK AND TO GRANT THE GROUP ACCESS TO THE HOUSE FLOOR TO PERFORM FOR THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 25, 1992, AT A TIME DESIGNATED BY THE SPEAKER OF THE HOUSE.
Whereas, the singing group, SCHOOL DAZE, from the South Carolina School for the Deaf and Blind in Spartanburg is a talented group of very special blind/visionally impaired young people; and
Whereas, under the tutelage of directors Beverly Patterson and Irene Casey, this group has worked very faithfully and diligently to develop its singing voices and to master public performing; and
Whereas, with the support of their families, friends, and the staff at the School for the Deaf and Blind they have performed for many audiences across the State; and
Whereas, the members of the General Assembly would like to recognize this truly outstanding group and its directors and invite them to perform for the House of Representatives on Wednesday, March 25, 1992. Now, therefore,
Be it resolved by the House of Representatives:
That the members and directors of the singing group, SCHOOL DAZE, from the South Carolina School for the Deaf and Blind are recognized for their dedication and hard work as members of this performing group and are granted access to the House floor to perform for the House of Representatives on Wednesday, March 25, 1992, at a time designated by the Speaker of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to the Beverly Patterson and Irene Casey, the directors of SCHOOL DAZE, at the South Carolina School for the Deaf and Blind, and Joseph P. Finnegan, Jr., President of the School for the Deaf and Blind in Spartanburg.
The Resolution was adopted.
On motion of Rep. BOAN, with unanimous consent, Regulation No. 1431 was recalled from the Committee on Ways and Means and was referred to the Committee on Education and Public Works.
On motion of Rep. HARRELSON, with unanimous consent, his name was removed as a co-sponsor to the following Joint Resolution.
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.
Rep. PHILLIPS moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4586 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-30 SO AS TO PROVIDE THAT A PERSON IS NOT REQUIRED TO PAY AD VALOREM PROPERTY TAXES ON PROPERTY WHICH, AS A RESULT OF THE DECISION OF A PLANNING COMMISSION, HAS DECREASED IN VALUE, AND TO REQUIRE THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY IN WHICH THE PROPERTY IS LOCATED TO HEAR HIS CLAIM WITHIN SIXTY-DAYS AND DECREASE THE AD VALOREM TAXES ON THE PROPERTY IF IT FINDS THE PROPERTY VALUE HAS BEEN DECREASED.
Referred to Committee on Judiciary.
H. 4587 -- Reps. Wright, Corbett, Meacham, Keegan, Koon and Corning: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEXTBOOKS ADOPTED BY THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD TO CONDEMN OR DISAPPROVE TEXTBOOKS CONTAINING KNOWN FACTUAL OR GRAMMATICAL ERRORS.
Referred to Committee on Education and Public Works.
H. 4588 -- Reps. Wright, Klapman, Riser and Koon: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO INCREASE THE COMMISSION FROM TWELVE TO THIRTEEN MEMBERS WITH THE ADDITIONAL MEMBER APPOINTED UPON THE RECOMMENDATION OF A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING LEXINGTON COUNTY.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. MEACHAM having the floor.
H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck,Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
Debate was resumed on Amendment No. 1, by the Committee on Education and Public Works.
Rep. MEACHAM continued speaking.
Rep. MANLY objected to the Bill.
Rep. MEACHAM continued speaking.
Reps. COBB-HUNTER, KIRSH and BEATTY objected to the Bill.
The following Bill was taken up.
H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12162.DW).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is the intent of the General Assembly to encourage the preservation of the state's significant historic properties while balancing historic preservation concerns with the needs of state agencies. The Department of Archives and History, through its State Historic Preservation Office, is empowered to administer and enforce the requirements of this act for the benefit of the people of South Carolina.
SECTION 2. Title 60 of the 1976 Code is amended by adding:
Section 60-12-10. As used in this chapter:
(1) 'Adverse effect' means an effect on a historic property, including alteration, destruction, or demolition, that diminishes the property's historic integrity.
(2) 'Agency' means the state agency, department, foundation, or institution that is responsible for or has jurisdiction over the project or that has ownership or jurisdiction over the historic property.
(3) 'Department' means the Department of Archives and History.
(4) 'Historic properties' means those buildings, sites, objects, structures, and districts that are listed in the National Register of Historic Places.
(5) 'Building' means a construction that was created to shelter any form of human activity, including a house, barn, church, or hotel.
(6) 'Site' means a location of a significant event or a prehistoric or historic occupation or activity, including cemeteries, prehistoric village sites, and battlefields.
(7) 'Object' means a construction that is primarily artistic in nature or is relatively small in scale compared to a building or structure. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape, including sculpture, monuments, and fountains.
(8) 'Structure' means those functional constructions made usually for purposes other than creating shelter, including firetowers, canals, bridges, palisade fortifications, and prehistoric mounds.
(9) 'Historic district' means a significant concentration of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
(10) 'Minimize' means to lessen the adverse effect of a project on a historic property. In the case of alterations, this may include identifying and undertaking minimal change to the defining characteristics of a historic property. In the case of destruction or demolition of a historic property, this may include recording a historic building, structure, or object, or excavation of an archaeological site.
(11) 'Qualified preservation professionals' means staff with training, experience, and expertise in managing historic properties. The requirement for training can be satisfied by an undergraduate degree in architectural preservation or graduate study in architectural preservation for staff with responsibility for managing nonarchaeological properties or a graduate degree in anthropology or archaeology for staff managing archaeological sites. The requirement for training also can be satisfied by specialized historic preservation training provided by the department combined with a state certification of registration to practice architecture, or a degree in architecture, architectural history, or history.
(12) 'State Board of Review' means the existing advisory group that reviews nominations to the National Register of Historic Places and which includes professionals representing the fields of archaeology, architecture, architectural history, and history.
(13) 'State Properties Committee' means a committee of the State Board of Review, which will include at least three members with at least one member representing the fields of architecture, architectural history, archaeology, or related fields as appropriate.
Section 60-12-20. This chapter applies to any agency that owns or leases historic properties.
Section 60-12-30. In their role as stewards of historic properties owned or leased by the State, agencies shall consult with the department when planning projects that might adversely affect those properties listed in the National Register of Historic Places at the time of consultation. Consultation may be accomplished in one of three ways:
(1) The department shall negotiate a programmatic agreement with each agency that has qualified preservation professionals in charge of management of historic properties. Through this document, the agency shall agree to avoid or, when appropriate, minimize adverse effects to historic properties under its jurisdiction. The agency shall then assume responsibility for administering its own historic preservation program. The agency's qualified professionals shall participate in continuing education provided by the department at no charge.
(2) If it desires, an agency that does not have qualified preservation professionals in charge of the management of historic properties can negotiate a programmatic agreement with the department for projects that are similar and repetitive, projects involving routine maintenance, or projects that will not significantly alter the historical integrity of a property. The agency shall then assume responsibility for carrying out the projects or types of projects included in the programmatic agreement without having to notify the department on a project-by-project basis.
(3) (a) Before an agency plans a project not covered by a programmatic agreement, the agency shall submit documentation describing the proposed project to the department. If the effect will be adverse, the agency also must describe alternatives that were considered to avoid or minimize adverse effects and the reasons why any rejected alternatives were considered not to be feasible or prudent.
(b) Within thirty days after receipt of the documentation described above, the department shall review the documentation and provide a written response to the agency. Before sending a response recommending changes, the department shall confer with the agency and attempt to negotiate a solution acceptable to both parties.
(c) If the agency and the department cannot agree on the effect of a project or measures that would avoid or minimize the adverse effect of a project on historic properties, the agency can request the recommendation of the State Properties Committee.
(d) The State Properties Committee shall review the documentation provided by the agency and the written opinion of the department. The committee shall provide its written response to the agency within thirty days after receipt of the request for comment.
(e) If the agency does not wish to accept the recommendations made by the State Properties Committee, the agency then may ask the State Board of Review to review the documentation on the project. The board shall provide its written decision to the agency within thirty days after receipt of the request for comment.
(f) The decisions of the State Board of Review are final.
Section 60-12-40. Before implementation of this chapter, the department shall provide each agency with a list of properties owned or leased by the agency that are listed in the National Register of Historic Places.
Section 60-12-50. The department shall provide technical historic preservation training sessions at no cost for agency staff involved with management of historic properties.
Section 60-12-60. The department shall provide periodic reports of agencies' compliance with the intent and provisions of this chapter to the Joint Legislative Committee on Cultural Affairs.
Section 60-12-70. The department shall not initiate additional nominations of state owned or leased properties to the National Register of Historic Places from passage of this act until after June 30, 1995, without the written agreement of the agency that owns, leases, or has jurisdiction over the property.
Section 60-12-80. This chapter does not apply to:
(1) Section 106 of the National Historic Preservation Act, as amended. This includes any undertaking requiring federal funding, licensing, or approval or any undertakings on federal property.
(2) the provisions of Article 5, Chapter 7, Title 54 (South Carolina Underwater Antiquities Act of 1991)."
SECTION 3. This act takes effect one year after approval by the Governor./
Amend title to conform.
Rep. ALTMAN explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 25, which was adopted.
The following Bill was taken up.
H. 4296 -- Rep. Rama: A BILL TO AMEND SECTION 59-67-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAMPERING WITH GOVERNORS ON SCHOOL BUSES, SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3700.AL), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-67-515. No public school bus may be operated in this State in excess of thirty-five miles an hour, except as provided in Section 59-67-525, or when traveling to and from special events which necessitate travel on interstate or state primary highways. Special event variances from the authorized speed limit for public school buses must be obtained by written authorization from the Department of Education. In no instance may the public school bus be authorized to exceed fifty-five miles an hour."/
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 4296 be read the third time tomorrow.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4324 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.
Rep. FARR explained the Bill.
H. 4504 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE LATE RENEWAL PENALTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1413, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McLEOD explained the Joint Resolution.
H. 4505 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF REGULATIONS BY THE GENERAL ASSEMBLY, AND SECTION 41-15-220, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
Rep. M.O. ALEXANDER explained the Bill.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4324 be read the third time tomorrow.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that H. 4505 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4505 be read the third time tomorrow.
Rep. CORBETT moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Corbett Inabinett Littlejohn Ross Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baxley Beasley Boan Brown, H. Burch, K. Byrd Cato Chamblee Cooper Cork Corning Cromer Delleney Elliott, D. Elliott, L. Felder Gonzales Hallman Harrelson Harris, J. Harrison Harwell Haskins Hodges Holt Houck Hyatt Jennings Keegan Kempe Keyserling Kinon Kirsh Klapman Lanford Martin, L. McCraw McElveen McKay McTeer Meacham Neilson Nettles Quinn Rama Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Tucker Vaughn Waites Waldrop Wells Wright Young, A.
So, the House refused to adjourn.
Rep. PHILLIPS moved to adjourn debate upon the following Bill, until Thursday, April 2, which was adopted.
H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.
The following Bill was taken up.
H. 4203 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3701.AL), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-9-550 of the 1976 Code is amended to read:
"Section 56-9-550. Proof of financial responsibility may be furnished by filing with the department the written certificate or notice by magnetic or electronic media in a manner satisfactory to the department of any insurance carrier duly authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or notice shall give the date of the motor vehicle liability policy, which date shall must be the same as the effective date of the certificate or notice, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle. Such The policy shall must be written for a minimum term of six months. A certificate or notice of insurance shall remain in full force and effect for a period of at least ninety days unless such the certificate or notice is canceled by the insurance company for some reason other than nonpayment of premium. Should a certificate or notice of insurance be canceled after ninety days for nonpayment of premium, the insurance company issuing such the certificate or notice immediately shall immediately notify the department that the reason for such cancellation is for nonpayment of premium. Should a certificate or notice of insurance be canceled for any reason other than for nonpayment of premium, the insurance company issuing such the certificate or notice immediately shall immediately notify the department that the cancellation is not for nonpayment of premium. The department may refuse acceptance of the certificate or notice of insurance required under this section for the following reasons if the certificate or notice is filed:
(1) If the certificate is filed by an agent or company found to be in violation of any of the provisions of this chapter; or
(2) If the certificate is filed for any a person who previously has previously had a certificate or notice canceled for nonpayment of premium, unless the policy under which such the certificate or notice is issued is certified to be noncancellable for a period of one year for nonpayment of premium.
No motor vehicle shall may be or may continue to be registered in the name of any a person required to file proof of financial responsibility unless the motor vehicle is so designated in the certificate or notice."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-1-245. If a driver's license is suspended or revoked because the licensee is determined by the department to have no motor vehicle liability insurance, the director of the motor vehicle division of the department shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked. The director shall document his reasons for waiving the fee in the records of the department.
SECTION 3. The 1976 Code is amended by adding:
"Section 38-77-113. If a driver's license is suspended or revoked because the licensee is determined by the department to have no motor vehicle liability insurance, the director of the motor vehicle division of the department shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked. The director shall document his reasons for waiving the fee in the records of the department."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 4203 be read the third time tomorrow.
The following Bill was taken up.
H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.
Reps. QUINN, T.C. ALEXANDER and CARNELL proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, in Section 61-1-110, as contained in Section 1, page 1, by striking lines 31 through 35 and inserting:
/by law. If the check is dishonored for any reason the commission may suspend the license or permit without notice or a hearing until the applicant makes the payment in a form satisfactory to the commission and pays a reinstatement fee of fifty dollars. The commission may retain the reinstatement fee in order to offset the cost of this provision.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. T.C. ALEXANDER spoke upon the Bill.
Rep. WELLS moved to adjourn debate upon the Bill until Tuesday, March 24.
Rep. CARNELL moved to table the motion to adjourn debate, which was agreed to by a division vote of 39 to 27.
The Bill, as amended, was then read the second time and ordered to third reading.
The following Bill was taken up.
H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6236.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 48-5-180, as contained in Section 3, page 14, and inserting:
/Section 48-5-180. The provisions of this chapter must be liberally construed to the end that its beneficial purposes may be effectuated. No proceeding, notice, or approval is required for the issuance of bonds of the authority or loan obligations by a project sponsor or instruments or the security for the bonds or loan obligation, except as provided in this chapter. If the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter are controlling."/
Amend further, by striking Section 5, page 14, and inserting:
/SECTION 5. If any provision of the South Carolina Water Quality Revolving Fund Authority Act is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is, or is deemed to be, severable from the remaining provisions of the act and that the holding does not invalidate or render unenforceable any other provision of the act.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 3829 be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
The following was received.
The COMMITTEE OF CONFERENCE reports that it has considered H. 3775 and recommends:
H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-13-1116 of the 1976 Code, as added by Act 477 of 1988, is amended to read:
"Section 50-13-1116. Notwithstanding any other provision provisions of law this title, nongame fishing devices as specified by items (1), (4), (5), (6), and (7) of in Section 50-13-1115(A)(1), (4), (5), and (6), must be marked with a floating marker with a minimum capacity of one pint and a maximum capacity of one gallon or equivalent size with the licensee's and must be made of solid, buoyant material which does not sink if punctured or cracked. The floating markers must be constructed of plastic, PVC spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used, except manufactured buoys or floats specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The floating markers must be colored white when used the first through the fifteenth each month and yellow when used the remainder of the month. The owner's name and address clearly must be marked clearly on each floating marker.
Nongame fishing devices as specified by item (2) of in Section 50-13-1115(A)(2) must have an identification tag bearing the owner's name and address attached to it."
SECTION 2. Section 50-13-1135 of the 1976 Code is amended to read:
"Section 50-13-1135. (A)(1) Any A person who takes nongame fish in the freshwaters of this State with the following nongame fishing devices shall be required to obtain and must have in possession a valid South Carolina state fishing license:
(a) bows and arrows;
(b) gigs;
(c) spears;
(d) tires;
(e) minnow seines;
(f) up to three trotlines one trotline with not more than one hundred fifty hooks on all lines;
(g) three to fifty set hooks;
(h) three to fifty jugs;
(i) not more than two traps;
(j) not more than one hoop net;
(k) one gill net no not more than two hundred yards in length or no not more than five gill nets, none of which exceeds thirty yards in length;
(l) not more than one skimbow net;
(m) not more than two eel pots;
(n) not more than one seine.
(2) The A noncommercial fisherman shall purchase set hook or jug fishing permits and any tags which may be required by this article for any the particular device used. Such tags Tags and permits shall may be applied for on forms to be provided by the department. Such This fisherman shall comply with all other provisions of this article pertaining to the marking and use of nongame fishing devices.
(2)(B) Any A person who fishes for nongame fish in the freshwaters of this State by the use at any time of the following nongame fishing devices shall obtain and must have in possession a commercial freshwater fishing license:
(a)(1) two or more gill nets unless they are used as permitted by item (k) of subsection (A)(1)(k);
(b)(2) two or more hoop nets;
(c)(3) three or more traps;
(d)(4) trotlines a trotline with a combined total of one hundred fifty-one hooks or more;
(e)(5) three or more eel pots."
SECTION 3. Section 50-13-1145 of the 1976 Code is amended to read:
"Section 50-13-1145. Exclusive of strictly private ponds, no person shall may fish in any an individual freshwater lake or stream of this State with more than:
(1) fifty jugs;
(2) one skimbow net;
(3) fifty set hooks;
(4) fifty hoop nets;
(5) fifty traps;
(6) two thousand five hundred trotline hooks."
SECTION 4. Section 50-13-1150 of the 1976 Code is amended to read:
"Section 50-13-1150. (A) Any A person who has been a resident of this State continuously for at least twelve months may apply on forms to be furnished by the department for a commercial freshwater fishing license. Upon proof satisfactory to the department of his residency, he shall upon and payment of an annual fee of fifty dollars, he must be issued a resident commercial freshwater fishing license.
(B) A nonresident person, which shall include, including a person who has not been a resident of this State continuously for at least twelve months prior to before his application, may apply on forms to be furnished by the department for a nonresident commercial freshwater fishing license and, upon. Upon approval of the application by the department and the payment of an annual fee of five hundred one thousand dollars, shall he must be issued such the license."
SECTION 5. Section 50-13-1155 of the 1976 Code is amended to read:
"Section 50-13-1155. (A)(1) In addition to the licenses and permits required by Sections 50-13-1135 and 50-13-1150, any a person fishing with, or in possession of, nongame fishing devices or gear in the freshwaters of this State shall purchase a tag or permit for each such device as follows:
(1)(a) a tag for each gill net at five dollars per a tag;
(2)(b) a tag for each hoop net at ten dollars per a tag;
(3)(c) a tag for each trap at five dollars per a tag;
(4)(d) a tag for each eel pot at five dollars per a tag;
(5)(e) a tag for each a trotline with fifty hooks or less at two dollars fifty cents per a tag;
(6)(f) a permit for the use of fifty set hooks or less at five dollars per a permit;
(7)(g) a permit for the use of fifty jugs or less at five dollars per a permit.
(2) The cost of the tags and permits in item (1) applies to residents. The cost of each tag and permit for nonresidents is fifty dollars.
(B) Each tag issued pursuant to this section shall must be attached at all times to the device for which it was issued and each. Each permit and tag identification receipt shall must be kept on the person to whom it was issued while such the person is in possession of or using nongame fishing devices.
(C) A fee of one dollar shall must be paid for replacement of any a tag or permit issued pursuant to this section which is lost or destroyed.
(D) A person sixty-five years of age or older and minors under the age of sixteen years of age are not required to purchase a permit to comply with item (6) of this section subsection (A)(1)(f) but a tag with the person's name, address, and age must be attached to the device.
(E) As used in this section, nonresident is defined as in Section 50-13-1150."
SECTION 6. Section 50-13-1180 of the 1976 Code is amended to read:
"Section 50-13-1180. (A) No more than five hundred hooks shall may be attached to a single trotline. No A trotline shall must not be attached in any manner to another trotline or to the support or float of another trotline.
(B) During the period April first to October first, no a trotline shall be is not permitted in any waters in this State from one hour after official sunrise to one hour before official sunset unless the trotline is sunk to the bottom or to a minimum depth of four feet below the water surface. During the period October second to March thirty-first trotlines may be left in the water twenty-four hours per a day at any depth.
(C) No A trotline shall must not be placed within one hundred feet of the mouth of any a tributary stream.
(D) No A trotline shall may not remain in any the waters of this State more than twenty-four hours without inspection and removal of the fish taken thereon on it.
(E) No A trotline shall must not be placed within two hundred yards of any a permanent man-made structure on Lakes Marion and Moultrie nor placed anywhere in the diversion canal connecting Lakes Marion and Moultrie.
(F) Trotline hooks used in Lakes Marion and Moultrie must have a gap or clearance between point and shank no greater than seven-sixteenths inch.
(G) Stainless steel hooks must not be used on a trotline."
SECTION 7. Section 50-13-1192 of the 1976 Code is amended to read:
"Section 50-13-1192. Bows and arrows, gigs, spears, tires, cast nets, and minnow seines may be used in any of the freshwaters except in the lakes owned or managed by the department. Notwithstanding any other provision provisions of this article, it shall be is unlawful to use or possess any a nongame fishing device or gear or the number not authorized by this section for a particular body of water. Nongame fishing devices, with the exception of the above except as provided in this section, may must not be used in any body of freshwater including tributaries of rivers or creeks unless listed and regulated as indicated below:
(1) Ashepoo River:
(a) set hooks: fifty maximum per for each license holder;
(b) eel pots: no limit;
(2) Ashley River:
(a) set hooks: fifty maximum per for each license holder;
(b) eel pots: no limit;
(3) Black Creek:; Darlington, Florence, and Chesterfield counties (includes including Lakes Robinson and Prestwood):
(a) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum per for each license holder;
(4) Black River:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(c) trotlines: fifty hooks maximum for each license holder;
(5) Broad River:, includes the waters from the North Carolina state line to the confluence of the Broad and Saluda Rivers:
(a) traps: five per for each license holder;
(b) trotlines: one hundred fifty maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines from Highway 34 Bridge up: one per for each license holder;
(6) Bull Creek:; Horry and Georgetown counties:
(a) trotlines: One hundred fifty hooks maximum (three-line maximum per license holder);
(b) gill nets: nongame nets in season;
(c) eel pots: no limit;
(d) traps: fifty maximum with commercial license;
(7) Buffalo Creek: seines: one per for each license holder;
(8) Bush River:, (Laurens County): seines: one per for each license holder;
(9) Combahee River:
(a) set hooks: maximum fifty per for each license holder;
(b) eel pots: no limit;
(10) Congaree River:, includes the waters from the Gervais Street Bridge in Columbia to the confluence of the Congaree and Wateree Rivers:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand five hundred hooks maximum with commercial license;
(c) hoop nets: fifty maximum with commercial license.;
(11) Cooper River:
(a) traps: fifty maximum with commercial license and (not allowed upstream from Wadboo Creek);
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder,. No trotlines permitted upstream from Wadboo Creek);
(c) fyke nets: as allowed for eel fishing by regulation;
(d) set hooks: fifty maximum per for each license holder, and (no set hooks permitted upstream from Wadboo Creek);
(e) eel pots: no limit and (not allowed upstream from Wadboo Creek);
(f) pump nets: no limit;
(12) Coosawhatchie and Tullifinny Rivers: set hooks: maximum fifty per maximum for each license holder;
(13) Mallard's Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(14) Mims Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(15) Shuler Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(16) Woods Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(17) Bridge Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(18) Little Pond Lake:, Dorchester County waters;
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(19) Steed's Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(20) John's Hole Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(21) Rock's Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(22) Mouth of Four Holes Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(23) Durbin Creek: seines: one per for each license holder;
(24) Edisto River:
(a) set hooks: fifty maximum per for each license holder;
(b) eel pots: no limit;
(25) Enoree River:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty maximum (three-line maximum) per for each license holder;
(c) set hooks: fifty per for each license holder;
(d) seines: one per for each license holder (from Southern Railroad in Greenville County down);
(26) Great Pee Dee River:, includes the waters from I-95 to the North Carolina state line;
(a) traps: maximum fifty maximum allowed with commercial license;
(b) trotlines maximum two thousand: five hundred maximum hooks with commercial license;
(c) gill nets: nongame nets allowed in season;
(d) set hooks: fifty maximum per for each license holder;
(e) hoop nets: maximum fifty maximum with commercial license (north of S.C. 34 only).;
(27) Great Pee Dee River:, includes the water from I-95 to the saltwater-freshwater line:
(a) gill nets: nongame nets in season;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) set hooks: fifty maximum per for each license holder;
(d) eel pots: below Highway 701 bridge only, no limit;
(e) traps: maximum fifty maximum allowed with commercial license;
(28) Jefferies Creek, (Florence County):
(a) gill nets: nongame nets in season;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(29) Lake Clark Hill J. Strom Thurmond and Stevens Creek:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: maximum fifty per maximum for each license holder;
(30) Lake Greenwood:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: Maximum fifty per maximum for each license holder;
(31) Lake Hartwell:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(32) Lake Jocassee: nongame devices prohibited;
(33) Lake Keowee:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(34) Lake Lakes Marion and Moultrie:, the waters lying between the confluence of the Wateree and Congaree Rivers, and the back waters of Lake Marion shall be are considered a part of Lake Marion:
(a) traps: maximum fifty maximum with commercial license;
(b) trotlines: maximum two one thousand hooks maximum with commercial license. Hooks must have a gap or clearance between point and shank no greater than seven-sixteenths inch;
(35) Lake Murray:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(36) Lake Richard B. Russell:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: maximum fifty per maximum for each license holder;
(37) Lake Secession:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: maximum fifty per maximum for each license holder;
(38) Lake Wateree:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(39) Catawba River:, includes the waters from the Lake Wylie Dam to the backwaters of Lake Wateree, including all reservoirs:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder, (York County only);
(40) Lake Wylie:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(41) Little River: seines: one per for each license holder (from Mars Bridge in McCormick County up);
(42) Little Pee Dee River:
(a) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum per for each license holder;
(43) Log Creek:, (Edgefield County): seines: one per for each license holder;
(44) Long Cane Creek:, (above Patterson Bridge): seines: one per for each license holder;
(45) Louder's Lake:, Darlington County:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(46) Lumber River:
(a) trotlines: One hundred fifty hooks maximum (three-line maximum);
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum per for each license holder;
(47) Lynches River:
(a) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum per for each license holder;
(48) Mulberry Creek:, (Greenwood County): seines: one per for each license holder;
(49) New River: set hooks: fifty maximum per for each license holder;
(50) Old River:
(a) set hooks: fifty maximum per for each license holder;
(b) trotlines: One hundred fifty hooks (three-line maximum per for each license holder);
(51) Pacolet River:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder;
(52) Rabon Creek:, (Laurens County): seines: one per for each license holder;
(53) Redbank Creek:, (Saluda County west of Highway 121): seines: one per for each license holder;
(54) Reedy River:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder (from Southern Railroad in Greenville County down);
(55) Rocky River:, (Anderson County): seines: one per for each license holder;
(56) Salkehatchie River: set hooks: fifty maximum per for each license holder;
(57) Saluda River:, includes the waters from the Southern Railroad Trestle in Greenville County to the backwaters of Lake Greenwood and the waters from the Lake Greenwood Dam to the backwaters of Lake Murray:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder, (in Anderson, Laurens, and Greenville counties only, except in Anderson County seines may be used in the river tributaries);
(58) Saluda River:, includes the waters from the Lake Murray Dam to the Gervais Street Bridge in Columbia:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(59) Sampit River:
(a) gill nets: nongame nets in season;
(b) traps: fifty maximum with commercial license;
(c) set hooks: fifty maximum per for each license holder;
(60) Santee River:, downstream from Wilson Dam on Lake Marion: note that, and the waters lying between the confluence of the Wateree and Congaree Rivers and Lake Marion are considered a part of Lake Marion:
(a) traps: fifty maximum with commercial license;
(b) trotlines: One hundred fifty hooks maximum, (three-line maximum per for each license holder);
(c) No nongame gear: not allowed, (except skimbow nets allowed upstream of U.S. Geological Survey Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam);
(d) eel pots: no limit;
(61) Savannah River: below Stevens Creek Dam:
(a) traps: fifty maximum with commercial license;
(b) hoop nets: fifty maximum with commercial license;
(c) set hooks: fifty maximum per for each license holder;
(d) gill nets: nongame nets in season;
(e) trotlines: two thousand five hundred maximum hooks with commercial license;
(f) eel pots: no limit;
(62) Stevens Creek:, (above Clark's Hill Bridge): seines: one per for each license holder;
(63) Thickly Creek:, (Cherokee County): seines: one per for each license holder;
(64) Turkey Creek:, (Edgefield and Greenwood counties): seines: one per for each license holder;
(65) Twelve Mile Creek:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder, (three-line maximum);
(c) set hooks: fifty maximum per for each license holder;
(66) Tyger River:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder;
(67) Waccamaw River:
(a) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum per for each license holder;
(d) eel pots, below the junction of Big Bull Creek: (no limit);
(68) Warrior Creek:, (Laurens County): seines: one per for each license holder;
(69) Wateree River:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand five hundred hooks maximum with commercial license.;
(c) set hooks: fifty maximum per for each license holder;
(d) hoop nets: fifty maximum with commercial license;
(70) Wilson Creek:, (Greenwood County): seines: one per for each license holder (one mile above the back waters of Greenwood up)."
SECTION 8. Section 50-13-1195 of the 1976 Code is amended to read:
"Section 50-13-1195. Any A person violating any of the provisions of this article or any regulations adopted and promulgated under its authority of this article shall be deemed is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days. In addition to that penalty, the court may require the person to forfeit for one year tags and permits purchased pursuant to Section 50-13-1155 and may provide for his ineligibility for other tags and permits for that year."
SECTION 9. Section 50-11-310(4) of the 1976 Code is amended to read:
"(4) In Game Zone 8, from September fifteenth first through January first."
SECTION 10. This act takes effect July 1, 1993, except the amendment to Section 50-13-1116, Section 1, and Section 50-13-1180 adding (F) and (G), Section 6, take effect upon approval by the Governor./
Amend title to conform.
/s/Senator John Drummond /s/Rep. L. Edward Bennett /s/Senator R. L. Helmly /s/Rep. Thomas N. Rhoad Senator John C. Land, III /s/Rep. Dewitt Williams On Part of the Senate. On Part of the House.
Rep. BENNETT explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. STONE withdrew his objection to the following Bill.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. TAYLOR withdrew her objection to S. 371 however, other objections remained upon the Bill.
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. WALDROP moved to adjourn debate upon the Senate amendment until Wednesday, March 25, which was adopted.
Rep. BOAN moved to dispense with the Motion Period.
As a first substitute Rep. CROMER moved to recall H. 3576 from the Judiciary Committee.
As a second substitute Rep. BOAN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. FAIR moved that the House recur to the morning hour.
Rep. VAUGHN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4544 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 3-9, 1992, AS "NEWBERRY COUNTY JUNIOR SCHOLARSHIP PAGEANT WEEK" IN NEWBERRY COUNTY.
At 11:50 A.M. the House in accordance with the motion of Rep. A. YOUNG adjourned in memory of Mr. Ronnie Atkins of Dorchester County, to meet at 10:00 A.M. tomorrow.
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