Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of all wisdom, make of us channels though which Your will is done on earth as it is in Heaven. We bring to You our innermost selves, confused and cluttered, where the good and the evil, the petty and the great the wheat and the tares are so closely entwined. Help us to use the diamond hours of every day that You can hallow them with Your blessings and glorify them with Your presence. Give us the radiant satisfaction which is the constant reward of those who are workers together with You. Endow us with good courage, meeting life's demands with gallant-hearted devotion and dedication to the highest.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. MARCHBANKS moved that when the House adjourns it adjourn in memory of Rev. J.R. Hammond, which was agreed to.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
March 13, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Clemson University Division of Agriculture and Natural Resources will sponsor an appreciation dinner on Tuesday, April 7, 1992, for members of the South Carolina General Assembly.
The event will be held at the Woman's Club of Columbia (1703 Blossom Street). We will begin with a social at 6:00 P.M. with dinner following at 7:00 P.M.
If you need further information concerning this function, please call me at 656-3015.
Sincerely,
Milton B. Wise
Vice President
March 6, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
This letter is to confirm tentative placement on the House of Representatives calendar regarding our invitation to the entire membership to attend a picnic lunch on the State House grounds (South lawn) on April 15, 1992 from Noon (or upon recess) until 2 P.M.
A light lunch and simple entertainment will be offered under a tent. Individual invitations will be provided to each Representative. The same invitation is being extended to the Senate.
If you need additional information, please contact W. L. "Mac" McIlroy, Jr., Secretary/Treasurer at (803)343-3063.
Sincerely,
Ashby Ward
Chairman
January 10, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Independent Banks of South Carolina wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, and invitation to a reception on Wednesday, April 15, 1992, from 6:00-8:00 P.M. The reception will be held at the Capital City Club in the AT&T building.
Sincerely,
R. Bruce White
President
March 16, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Bankers Association Young Bankers Division will host its annual Oyster Roast for the General Assembly on Tuesday, April 21, 1992, from 6:00-8:00 P.M. at Dixie Seafood, 902 Gervais Street, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.
I would appreciate you reserving this on the House calendar and notifying me upon confirmation of this date.
Thank you for your assistance.
Sincerely,
Sterling J. U. Laffitte
President
Young Bankers Division
January 16, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Annually a group of men from the Columbia area sponsor the Governor's Statewide Prayer Breakfast. This year The Breakfast is scheduled for April 22, 1992 at 7:45 A.M. at the Embassy Suites Hotel. This will be the thirty-third year for this event.
This is to request that this event be placed on the House Calendar. Each House member will receive a personal invitation at a later date.
Your cooperation with this request is appreciated.
Sincerely yours,
C. Tommy Young, Chairman
South Carolina Prayer Breakfast Committee
December 4, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Association of Citadel men would like to extend to you and the members of the House an invitation to be our honored guests at the 17th Annual Citadel Legislative BBQ. This invitation includes the spouses or escorts of the House Members and the House staff and attaches.
The Citadel Legislative BBQ will be held on Wednesday, April 22, 1992 beginning at 6:30 P.M. in the Cantey Building at the State Fairgrounds. The event includes a social hour, a BBQ dinner and a beach music band. Everyone attending must be at least 21 years of age.
The Citadel Legislative BBQ is hosted by the Association of Citadel men on behalf of our Alumni and the friends of The Citadel to honor the General Assembly, the Constitutional Officers, the Justices of the State Supreme Court, Judges of the Courts of Appeal and the Judges of the Circuit Court. This is our expression of appreciation to these people for their support of The Citadel, The Military College of South Carolina.
I am sending this information to you in order for this date to be placed on the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the event. We look forward to having you and the members of the House as our guests for the 17th Annual Citadel Legislative BBQ.
Sincerely,
Robert E. Lyon, Jr.
President
Class of 1971
January 27, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
As Executive Director of the South Carolina Victim Assistance Network, I would like to extend a personal invitation to all South Carolina Representatives to attend the annual Legislator's Breakfast as part of the national week long observance of Victim Rights Week. I am confirming the Legislator's Breakfast on Thursday, April 30th, 8:30 A.M., at the Town House Hotel.
The Breakfast is being co-sponsored by the following organizations: The South Carolina Victim Assistance Network (SCVAN), The South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), Mothers Against Drunk Drivers (MADD), Adam Walsh Child Resource Center (AWCRC) and The State Office of Victim Assistance (SOVA).
In 1988, we had twenty-four members of the General Assembly present, in 1989 fifty-two members attended, and in 1990 and 1991 one hundred twenty-three members attended. We look forward to adding more to that number in 1992 and ask for your support and assistance in this matter.
We look forward to meeting our Representatives at this time.
Sincerely,
Sherie M. Carney
SCVAN Executive Director
The following was received.
Columbia, S.C., March 19, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3775:
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.
Very respectfully,
President
No. 88
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.
Ordered for consideration tomorrow.
On motion of Rep. MANLY, with unanimous consent, the following was taken up for immediate consideration:
H. 4589 -- Reps. Manly, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A HOUSE RESOLUTION TO CONGRATULATE THE DEBATE/DRAMA TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON ITS FIFTH PLACE OVERALL FINISH IN THE STATE TOURNAMENT OF DEBATE AND ITS FIRST PLACE OVERALL FINISH IN THE AA DIVISION COMPETITION AT BOB JONES UNIVERSITY, MARCH 6-7, 1992, AND TO ALLOW THE MEMBERS OF THE SOUTHSIDE DEBATE/DRAMA TEAM AND THEIR COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 2, 1992, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the Southside High School Debate/Drama Team placed fifth overall in the state tournament of debate and first overall in the AA division competition at Bob Jones University on March 6-7, 1992; and
Whereas, the team has more than seventy members, fifty-nine of whom competed in the state tournament; and
Whereas, nine students made it to the semi-final round of competition and several others were participants in the finals; and
Whereas, the members of the Southside Debate/Drama Team are known for their drive, self-determination, talent, and dedication and are making an outstanding name for themselves as a group; and
Whereas, the team adviser is Truman Humbert; and
Whereas, the team's outstanding performance at Bob Jones University in March is highly 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, congratulate the debate/drama team of Southside High School of Greenville County on its fifth place overall finish in the state tournament of debate and its first place overall finish in the AA division competition at Bob Jones University on March 6-7, 1992.
Be it further resolved that the members of the Southside High Debate/Drama Team and their coach 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 High Debate/Drama Team and the team's coach.
The Resolution was adopted.
On motion of Rep. G. BAILEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4590 -- Rep. G. Bailey: A HOUSE RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY "RAIDERS" FOOTBALL TEAM FOR WINNING THE CLASS AA STATE CHAMPIONSHIP IN THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 28, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Dorchester Academy "Raiders" Football Team won the Class AA State Championship in the South Carolina Independent School Athletic Association for 1991; and
Whereas, the team finished the regular season with thirteen wins and no losses; and
Whereas, the number thirteen has been anything but unlucky for the Dorchester Academy "Raiders"; there being only thirteen players on the team; and
Whereas, Dorchester Academy Coach Stanley Gruber is commended for his outstanding coaching abilities in guiding this team to its championship. Now, therefore,
Be it resolved by the House of Representatives:
That the Dorchester Academy "Raiders" Football Team and its coach, Stanley Gruber, are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Tuesday, April 28, 1992, for the purpose of being recognized for winning the Class AA State Championship in the South Carolina Independent School Athletic Association.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 1407 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A CONCURRENT RESOLUTION DECLARING TUESDAY, MARCH 24, 1992, AS SOUTH CAROLINA STATE UNIVERSITY DAY.
Whereas, South Carolina State University, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and
Whereas, South Carolina State University is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and
Whereas, South Carolina State University is the only public institution in South Carolina offering the Ed. D. Degree; and
Whereas, South Carolina State University is currently involved in more than ten million dollars in research; and
Whereas, South Carolina State University is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and
Whereas, South Carolina State University's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and
Whereas, South Carolina State University's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and
Whereas, South Carolina State University's nationally accredited School of Engineering Technology is the only one in South Carolina; and
Whereas, South Carolina State University's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and
Whereas, South Carolina State University's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having two retired Brigadier Generals, a Lieutenant General, and a Major General; and
Whereas, South Carolina State University's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and
Whereas, South Carolina State University has more than twenty thousand alumni of record; and
Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Tuesday, March 24, 1992, is declared South Carolina State University Day.
Be it further resolved that a copy of this resolution be forwarded to Acting President of South Carolina State University.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1408 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO CONGRATULATE TROOPER FIRST CLASS JAMES KEITH CHASTAIN ON BEING SELECTED THE "1991 SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. WELLS, with unanimous consent, the following was taken up for immediate consideration:
H. 4596 -- Reps. Wells, Cromer, T. Alexander, L. Martin, M.O. Alexander, Cato and Harrelson: A CONCURRENT RESOLUTION TO RECOGNIZE SPRINGS INDUSTRIES UPON RECEIVING THE 1991 "FIRST IN SAFETY CONTEST" SPONSORED BY THE AMERICAN TEXTILE MANUFACTURERS INSTITUTE FOR THE BEST SAFETY PERFORMANCE OF COMPANIES WITH MORE THAN FIVE THOUSAND ASSOCIATES.
Whereas, Springs Industries received the 1991 "First in Safety Contest" sponsored by the American Textile Manufacturers Institute for the best safety performance of companies with more than five thousand associates; and
Whereas, as recognized by Chairman Walter Elisha: "While safety awards are granted to companies, they are earned by people. Next month, I will accept that award on behalf of all of you who have contributed so much to make Springs a safer place to work."; and
Whereas, Springs Industries won this same award four years ago and since that time has worked hard to maintain high performance to avoid accidents and injuries; and
Whereas, within Springs Industries twenty-one plants and groups achieved one million or more safe workhours without a lost-time accident; and
Whereas, the Marketing Materials Department and the Engraving Department each have worked safely since 1979 without a lost workday accident; and
Whereas, Lyman Fabrication people had the best overall safety performance at Springs, winning their highest honor, the Chairman's Award for the second consecutive year. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize Springs Industries upon receiving the 1991 "First in Safety Contest" sponsored by the American Textile Manufacturers Institute for the best safety performance of companies with more than five thousand associates.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of Springs Industries, Walter Elisha.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4591 -- Reps. Wilkins, Kempe, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Wilkes, Vaughn and R. Young: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
Referred to Committee on Labor, Commerce and Industry.
H. 4592 -- Reps. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.
Referred to Committee on Judiciary.
H. 4593 -- Reps. Wilkins, Gonzales, Harvin, Harwell, Haskins, Kempe, Keyserling, Kirsh, Meacham, Vaughn, Wilkes and R. Young: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
Referred to Committee on Judiciary.
H. 4594 -- Reps. Wilkins, Harwell, Kirsh, Gonzales, Waites, Kempe, Harvin, Wells, Quinn, Smith, Rama, Keegan, Fulmer, Vaughn, A. Young, Riser and Manly: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 67 SO AS TO ENACT THE "SOUTH CAROLINA FRANCHISE INVESTMENT ACT" WHICH REGULATES THE SALE AND OFFERING FOR SALE OF FRANCHISES IN THIS STATE, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4595 -- Reps. Wilkins, Harwell, Kirsh, Gonzales, Waites, Kempe, Harvin, Wells, Quinn, Smith, Rama, Keegan, Fulmer, Vaughn, A. Young, Riser and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1153 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-77-30(1), RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NON-OWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
S. 1354 -- Senators Rose and Courtney: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE PRIVILEGE OF SPOUSAL COMMUNICATION SHALL NOT APPLY TO CASES IN WHICH ONE OF THE SPOUSES IS A DEFENDANT IN A CRIMINAL CASE INVOLVING THE MURDER OF A MINOR.
Referred to Committee on Judiciary.
S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stone Taylor Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 24.
Michael Jaskwhich L. Edward Bennett Dell Baker J. Williams Roland Corning Lanny Littlejohn Steve Lanford Roger Young Ronald Townsend E.B. McLeod Thomas Huff Eugene Stoddard John Felder J. Derham Cole C. Lenoir Sturkie Juanita White Lowell W. Ross
LEAVES OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The SPEAKER granted Rep. SHISSIAS a leave of absence.
The SPEAKER granted Rep. ROSS a temporary leave of absence.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 19.
Announcement was made that Drs. James Halford and Stephen Worsham, M.D. of Anderson are the Doctors of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.
The following Bill was taken up.
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. RUDNICK, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6352.HC), which was adopted.
Amend the bill, as and if amended, in Section 23-31-140(A), as contained in SECTION 1, page 1, by inserting before /military/ on lines 37 and 38 /United States/.
Amend further in Section 23-31-140(F), as contained in SECTION 2, page 2, by inserting before /military/ on lines 18 and 19 /United States/.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Joint Resolution was taken up.
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
Rep. BAXLEY explained the Joint Resolution.
Rep. KLAPMAN objected to the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.
Rep. RAMA proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2355.AC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 43, Title 44 of the 1976 Code is amended by adding:
Section 44-43-60. This article may be cited as the Bone Marrow Donor Act.
Section 44-43-70. (A) There is established a Bone Marrow Donor Program within the Medical University of South Carolina. The purpose of this program is to educate citizens of the State about:
(1) the need for bone marrow donors;
(2) the procedures required to become registered as a potential bone marrow donor, including the procedures for determining the person's tissue type; and
(3) the medical procedures a donor must undergo to donate bone marrow.
(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina in conjunction with the South Carolina Department of Highways and Public Transportation shall make educational materials available at all places where drivers' licenses are issued or renewed.
Section 44-43-80. (A) An employer may grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. As used in this section, 'employer' means a person or entity that employs twenty or more employees at least at one site within this State and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city, or other governmental subdivision. 'Employee' means a person who performs services for hire for an employer for an average of twenty or more hours a week and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor.
(B) The combined length of paid leaves of absence requested by an employee must be determined by the employee but may not exceed forty work hours unless the employer agrees to a longer period of time. The employer may require verification by a physician of the purpose and length of each paid leave of absence requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited.
(C) An employer may not retaliate against an employee for requesting or obtaining a paid leave of absence as provided by this section.
(D) This section does not prevent an employer from providing a paid leave of absence for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit."
SECTION 2. Between July 1, 1992, and June 30, 1993, the Medical University of South Carolina through the Bone Marrow Donor Program shall conduct a bone marrow donor drive to encourage state employees to volunteer to be potential bone marrow donors. The drive must include presentations and the dissemination of educational materials that explain the need for bone marrow donors and the procedures for becoming registered as a potential bone marrow donor. All state agencies shall cooperate in this effort and provide assistance as needed to organize and conduct the drive.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2226.AC), which was tabled.
Amend the bill, as and if amended, Section 44-43-70(A), by deleting in the first sentence /Department of Health and Environmental Control/ and inserting /Medical University of South Carolina/ so that when amended that portion of subsection (A) before item (1) reads:
/(A) There is established a Bone Marrow Donor Program within the Medical University of South Carolina. The purpose of this program is to educate citizens of the State about:/.
Amend further, Section 44-43-70(B), by deleting in the last sentence /Department of Health and Environmental Control/ and inserting /Medical University of South Carolina/ so that when amended this subsection reads:
/(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina in conjunction with the South Carolina Department of Highways and Public Transportation shall make educational materials available at all places where drivers' licenses are issued or renewed./
Amend further, Section 44-43-80(A), by deleting /shall/ in the first sentence and inserting /may/ so that when amended this subsection reads:
/(A) An employer may grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. As used in this section, 'employer' means a person or entity that employs twenty or more employees at least at one site within this State and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city, or other governmental subdivision. 'Employee' means a person who performs services for hire for an employer for an average of twenty or more hours a week and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor./
Amend further, Section 44-43-80, by deleting subsection (E).
Amend further in Section 2 by deleting in the first sentence /Department of Health and Environmental Control/ and inserting /Medical University of South Carolina/ so that when amended this section reads:
/SECTION 2. Between July 1, 1992, and June 30, 1993, the Medical University of South Carolina through the Bone marrow Donor Program shall conduct a bond marrow donor drive to encourage state employees to volunteer to be potential bone marrow donors. The drive must include presentations and the dissemination of educational materials that explain the need for bone marrow donors and the procedures for becoming registered as a potential bone marrow donor. All state agencies shall cooperate in this effort and provide assistance as needed to organize and conduct the drive./
Amend title to conform.
Rep. RAMA moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the remainder of the day.
Rep. P. HARRIS moved to adjourn debate upon the following Bill until Tuesday, March 31, 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.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, March 25, 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. WALDROP moved to adjourn debate upon the following Bill until Wednesday, March 25, 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. WALDROP moved to adjourn debate upon the following Bill until Wednesday, March 25, 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 Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.
H. 4309 -- Reps. Boan, Barber, Mattos, Kinon, Kirsh, Rogers, McKay, White, J.W. Johnson, Klapman, Holt, Felder, McTeer, H. Brown, P. Harris, Keyserling, Quinn, McAbee, D. Elliott, Foster, McCraw, J. Harris, Carnell and McGinnis: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF SWORN LAW ENFORCEMENT OFFICERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Rep. KIRSH explained the Bill
H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
Rep. WRIGHT explained the Bill.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Rep. McABEE explained the Bill.
H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
Rep. CARNELL explained the Joint Resolution.
Rep. CARNELL moved to adjourn debate upon the following Joint Resolution until Wednesday, March 25, which was adopted.
H. 4425 -- Reps. Altman, P. Harris, Houck, Manly, Rama, Tucker and White: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
The following Bill was taken up.
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Debate was resumed on Amendment No. 13, which was proposed on Wednesday, February 19, by Reps. KIRSH and ROGERS.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Rep. BAXLEY proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\436\12197.DW), which was adopted.
Amend the bill, as and if amended, in Section 22-3-545(A), page 1, line 31, by inserting after /22-3-550/ /and effective from July 1, 1992 until July 1, 1993/.
Amend further by striking SECTION 2, page 2, lines 21 and 22, and inserting:
/SECTION 2. The Commission on Prosecution Coordination must compile data on the number of cases transferred under the provisions of this act and other relevant data and make a report to the General Assembly no later than March 1, 1994.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. STURKIE moved to adjourn debate upon the following Bill until Wednesday, March 25, which was adopted.
H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Rep. BOAN moved to reconsider the vote whereby the following Joint Resolution was given a second reading, which was agreed to.
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
Rep. BOAN moved to adjourn debate upon the Joint Resolution until Wednesday, March 25, which was adopted.
Rep. RAMA moved to adjourn debate upon the following Bill until Tuesday, April 14, which was adopted.
H. 4102 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
Rep. L. ELLIOTT moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 4254 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-36-145 SO AS TO PERMIT A PERSON LICENSED AS AN OCCUPATIONAL THERAPIST IN ANOTHER JURISDICTION TO PRACTICE OCCUPATIONAL THERAPY IN THIS STATE FOR NOT MORE THAN NINETY DAYS AFTER BECOMING A RESIDENT OF THIS STATE PENDING HIS BEING LICENSED IN THIS STATE.
The following Bill was taken up.
S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
Rep. SHARPE moved to adjourn debate upon the Bill until Wednesday, April 8.
Rep. RAMA moved to table the motion, which was agreed to.
Rep. RAMA explained the Bill.
Rep. L. MARTIN moved to waive Rule 6.1.
Rep. WILKINS moved that the House do now adjourn.
Rep. WAITES demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 50 to 13.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. RAMA having the floor.
At 12:58 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Rev. J.R. Hammond, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 8:47 A.M.