Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, to this altar of prayer we come not to ask for the fruits of our desires, but seeking to put ourselves in such a relationship with You that You can do with us that which is right.
Save us from doing with the tasks that await us anything less than the best, from allowing our minds to harbor base thoughts, from failure of self-control and from words spoken in haste. With clear eyes, may we see God as our Father and our fellowbeings as Your children. In that vision may we dream our dreams, fashion our lives, enact our laws.
Make us to hear constantly and clearly from Your holy Word: "The Lord is good to them that wait for Him" (Lamentations 3:25). 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.
Columbia, S.C., March 25, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 541:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 25, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1045:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Clemson University, for dinner, April 7, 1992, 6:00 P.M., social hour, 7:00 P.M. dinner, at the Women's Club of Columbia (1703 Blossom Street).
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Travel and Tourism Forum for a picnic lunch, April 15, 1992, Noon or upon recess, until 2:00 P.M., on the south lawn of the State House grounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Independent Banks of South Carolina for a reception April 15, 1992, 6:00 P.M.-8:00 P.M. at the Capitol City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Banker's Association Young Banker's Division for the annual Oyster Roast, April 21, 1992, 6:00 P.M.-8:00 P.M. at Dixie Seafood, 902 Gervais Street.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Prayer Fellowship for breakfast, April 22, 1992, 7:45 A.M. at the Embassy Suites Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Association of Citadel Men for 17th Annual Citadel Legislative BBQ, April 22, 1992, 6:30 P.M. in the Canty Building of the State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Victim Assistance Network for breakfast, April 30, 1992, 8:30 A.M. at the Town House Hotel.
The invitation was accepted.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
Rep. GLOVER, for the minority, submitted an unfavorable report, on:
H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4448 -- Reps. Corning and Hodges: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, AND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE THIRD TUESDAY IN AUGUST.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3050 -- Rep. Keegan: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE THE TAX NOTICE TO CONTAIN A SUMMARY OF PROCEDURES FOR APPEAL OF VEHICLE VALUATION.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3235 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO REQUIRE SUFFICIENT FUNDING TO ENSURE THAT ALL PRESCHOOL AGED CHILDREN ARE IMMUNIZED TO MEET THE STATUTORY REQUIREMENT FOR ADMISSION TO SCHOOL.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4199 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE FOR DUPLICATE FOR LOST OR DESTROYED LICENSE, SO AS TO INCREASE THE FEE FROM FIFTY CENTS TO TEN DOLLARS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
Rep. KIRSH, for the minority, submitted an unfavorable report, on:
H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.
Ordered for consideration tomorrow.
On motion of Rep. BAXLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4611 -- Rep. Baxley: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22-24, 1992, AND THE BLATT BUILDING OCTOBER 21 THROUGH OCTOBER 22, 1992, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the chamber of the Senate and the chamber of the House of Representatives October 22-24, 1992, and the Blatt Building October 21 through October 22, 1992, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate chamber may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.
Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers and facilities.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4612 -- Reps. R. Young, Gonzales, Whipper, J. Bailey, Hallman, Rama and Holt: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF DEFENSE TO SELECT THE CHARLESTON, SOUTH CAROLINA, OFFICE OF THE FINANCIAL INFORMATION PROCESSING CENTER OF THE NAVAL SUPPLY CENTER AS A DEFENSE FINANCE AND ACCOUNTING SERVICE REGIONAL CENTER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1423 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLUMBIA METS FOR WINNING THE 1991 SOUTH ATLANTIC LEAGUE CHAMPIONSHIP AND TO THANK THEM FOR THEIR CONTRIBUTION OF WHOLESOME FAMILY ENTERTAINMENT TO THE RESIDENTS OF THIS STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4614 -- Reps. Sturkie, Koon and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-73-170 SO AS TO ALLOW SCHOOL DISTRICTS TO IMPOSE AN IMPACT FEE NOT TO EXCEED FIVE HUNDRED DOLLARS ON ALL MOBILE HOMES MOVED INTO THE DISTRICT AND TO PROVIDE THAT REVENUE FROM THE FEES MAY BE USED ONLY FOR SCHOOL BUILDING CONSTRUCTION AND RENOVATION.
Referred to Committee on Ways and Means.
H. 4615 -- Reps. Waites, Keyserling, Fair and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-35 SO AS TO ESTABLISH THE COLLABORATION COUNCIL FOR CHILDREN TO PROVIDE A MECHANISM FOR PLANNING, COORDINATING, AND ENHANCING SERVICES TO CHILDREN CONCERNING THE MENTAL, PHYSICAL, SOCIAL, VOCATIONAL, ECONOMIC, AND EDUCATIONAL ASPECTS OF THEIR LIVES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4616 -- Reps. Wright, Keegan, Hallman, Harrison, Inabinett, Keyserling, Mattos, Jaskwhich, Riser, Canty, Quinn, A. Young, Council, L. Martin and Manly: A BILL TO AMEND TITLE 57, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES.
Referred to Committee on Education and Public Works.
H. 4617 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CERTIFICATION AND RECERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4618 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4619 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO DETECTIVE AND SECURITY AGENCIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1445, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4620 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL (SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY), RELATING TO JUVENILE TRAINING OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1446, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO LAW ENFORCEMENT EMERGENCY VEHICLE TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.
On motion of Rep. STODDARD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4625 -- Rep. Altman: A BILL TO AMEND TITLE 57, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES.
Referred to Committee on Education and Public Works.
H. 4626 -- Rep. Altman: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO DESIGNATE A PORTION OF U. S. HIGHWAY 17 IN BEAUFORT COUNTY AS "U. S. HIGHWAY 17-ACE BASIN SCENIC HIGHWAY".
Referred to Committee on Education and Public Works.
S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
Referred to Committee on Judiciary.
The following was introduced:
H. 4623 -- Reps. Carnell, Harvin, Klapman, Tucker, Farr, McAbee, Snow and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE SOUTH CAROLINA HIGHWAY PATROL, AND OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES NOT TO STRICTLY ENFORCE FOR A PERIOD OF NINETY DAYS THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT WHICH REQUIRE A PERSON DRIVING A COMMERCIAL MOTOR VEHICLE AFTER APRIL 2, 1992, TO HAVE A COMMERCIAL DRIVER'S LICENSE STIPULATED BY THAT ACT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4624 -- Reps. Wells, McGinnis, Beatty, Lanford, Littlejohn, Kempe and Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE JOSEPH DERHAM COLE ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE OF THE 7TH JUDICIAL CIRCUIT, THANK HIM FOR HIS VALUABLE CONTRIBUTIONS AND HIS QUIET AND CONSCIENTIOUS LEADERSHIP IN THE GENERAL ASSEMBLY, AND WISH HIM WELL AS A MEMBER OF THE ESTEEMED BENCH OF THIS STATE.
Whereas, our good friend and respected colleague, Joseph Derham Cole, was elected by acclamation on February 5, 1992, to serve as Circuit Judge to the 7th Judicial Circuit; and
Whereas, the Honorable Derham Cole has been an esteemed member of the House of Representatives since 1987; and
Whereas, Derham Cole has been an asset to the General Assembly, in his service on the Judiciary Committee, and as chairman of the Spartanburg County House Delegation; and
Whereas, his ability to listen quietly, counsel wisely, and keep confidences discreetly characterizes his tenure in the General Assembly; and
Whereas, during his terms of office he was guided by integrity and honesty in fulfilling his duties, keeping the best interest of his constituents and the State as his direction and vision; and
Whereas, his standards of excellence, thoroughness, efficiency, courtesy, and kindness will be missed by all; and
Whereas, the members of the House know that their good friend and colleague, Joseph Derham Cole, will be a valuable member of the bench but will be greatly missed by all and wish to thank him for his friendship, counsel, and leadership. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate the Honorable Joseph Derham Cole on his election to serve as Circuit Judge to the 7th Judicial Circuit, thank him for his valuable contributions and his quiet and conscientious leadership in the General Assembly, and wish him well as a member of the esteemed bench of this State.
Be it further resolved that a copy of this resolution be forwarded to Mr. Cole.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. COLE made a statement relative to his service in the House.
Rep. WELLS, on behalf of the Spartanburg Delegation, made a statement relative to Rep. COLE'S service in the House.
Rep. STODDARD moved that when the House adjourns it adjourn in memory of Mr. Ralph Garrett, which was agreed to.
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. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Corning Council Cromer Delleney Elliott, L. Fair Farr Foster Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hodges Holt Houck Hyatt Inabinett Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Stone Taylor Townsend 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 26.
James G. Mattos Dell Baker Michael F. Jaskwhich L. Edward Bennett C. Lenoir Sturkie Douglas Jennings, Jr. John G. Felder Thomas E. Huff Dick Elliott James H. Harrison Larry E. Gentry
LEAVES OF ABSENCE
The SPEAKER granted Rep. HENDRICKS a leave of absence for the day.
The SPEAKER granted Rep. SHISSIAS a leave of absence for the day.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 24.
Rep. STODDARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 25.
Announcement was made that Dr. Hunter Woodall of Anderson is the Doctor of the Day for the General Assembly.
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. 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".
S. 540 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
S. 1363 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.
S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
H. 3876 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF STONE CRABS, SO AS TO PROVIDE FOR THE REMOVAL OF THE CLAW ATTACHED TO THE RIGHT SIDE OF THE BODY INSTEAD OF THE LARGER OF THE TWO CLAWS.
H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
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. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.
Rep. LANFORD moved to reconsider the vote whereby the following Bill was given a second reading.
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
Rep. BOAN moved to table the motion.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, J. Barber Baxley Beasley Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Delleney Farr Foster Harrelson Harris, P. Hodges Holt Inabinett Jennings Kennedy Keyserling Kinon Kirsh Klapman Martin, D. Martin, L. Mattos McAbee McCraw McTeer Nettles Phillips Rhoad Rogers Scott Sharpe Sheheen Shirley Smith Stoddard Townsend Waldrop White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, T.C. Baker Beatty Brown, H. Cato Chamblee Clyborne Cole Cooper Corbett Council Cromer Fair Fulmer Gonzales Hallman Harvin Haskins Hyatt Jaskwhich Keegan Kempe Koon Lanford Littlejohn Marchbanks McElveen McLeod Meacham Quinn Rama Riser Ross Rudnick Stone Sturkie Vaughn Waites Whipper Wilkins Wofford Wright Young, A.
So, the motion to reconsider was tabled.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, April 8, which was adopted.
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 following Bill was taken up.
H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8164.BD).
Amend the bill, as and if amended, Section 50-13-2015(B), SECTION 1, page 1, line 31, by striking /and buoys/ and inserting /and or buoys, or both/ and line 32 by striking /fixed annually before March first/ and inserting /fixed annually before March first marked/; and Section 50-13-2015(C), line 40, by striking /Nongame/ and inserting /Nongame Game/ so that when amended the section reads:
/Section 50-13-2015. (A) A fish sanctuary is established in the St. Stephen Rediversion Canal between the Corps of Engineers' powerhouse and the Atlantic Coastline Railroad Bridge. It is unlawful for a person to fish in the sanctuary except as provided in this section.
(B) From March first to May first each year, fishing for nongame fish is allowed from the Atlantic Coastline Bridge upstream to a point marked by signs and or buoys, or both. This location must be fixed annually before March first marked by the department after consultation with and with the permission of the United States Army Corps of Engineers. Fishing is allowed from six p.m. to twelve midnight. The area otherwise is closed to all fishing and boating activities.
(C) The catch limit is five hundred pounds of fish or one hundred dozen fish a boat a day. Nongame Game fish taken must be returned immediately to the water. All fish, except those used for live bait, must be packed in boxes with a one hundred pound capacity before crossing back under the railroad bridge.
(D) No fishing devices may be used except cast nets, dip nets, or drop nets. The diameter of the dip or drop nets used may not exceed six feet. No nets may be operated by the use of mechanical devices such as winches, cranes, or pulleys.
(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days./
Amend title to conform.
Rep. SNOW explained the amendment.
Reps. KENNEDY, INABINETT, HOLT, BEATTY, D. MARTIN and KLAPMAN objected to the Bill.
The SPEAKER granted Rep. WALDROP a leave of absence for the remainder of the day.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4310 -- Reps. Chamblee, Koon and Waldrop: A BILL TO AMEND SECTION 47-13-1350 AND 47-13-1370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA SHOTS, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION TO THIS SHOT FROM SIX TO TWELVE MONTHS BEFORE A HORSE MAY BE BROUGHT INTO THE STATE AND FOR HORSES BROUGHT INTO A PUBLIC ASSEMBLY OF HORSES.
Rep. SNOW explained the Bill.
The following Bill was taken up.
H. 4325 -- Rep. Snow: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2321.AC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 47-5-50 of the 1976 Code is amended to read:
"Section 47-5-50. No carnivores, which are normally not domesticated, may be sold as a pet in this State. Such These carnivores shall include animals known to be reservoirs of rabies, such as raccoons, foxes, skunks, and bobcats and such related species, including, but not limited to, coyotes, wolves, weasels, ferrets, civet cats, spotted skunks, or lynx. Any such animal of these animals kept by an individual shall must not be allowed to run at large and then be returned to confinement. A normally wild animal indigenous to this State may, if held captive for a period of time, may be released to the wild."
SECTION 2. Section 47-5-60 of the 1976 Code is amended to read:
"Section 47-5-60. Prior to July first of each year, every A pet owner of a pet shall must have his pet it inoculated against rabies, except those pets receiving an inoculation, evidenced by a certificate, from a licensed graduate veterinarian at a frequency to provide continuous protection of the pet from rabies using a vaccine good for a longer period of time than one year, such vaccine to be of an approved and proven quality with the longer period of time to be specified approved by the department of Health and Environmental Control after consultation with the Executive Committee of the South Carolina Association of Veterinarians. Evidence of such inoculation shall consist of a certificate signed by a licensed graduate veterinarian. This certificate shall be in a form prepared and issued by the Department of Health and Environmental Control and no other certificate shall be used and licensed by the United States Department of Agriculture--Veterinary Biologics Division. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on such the certificate. One The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate shall be given to the owner, one filed with the county health department, and one retained by the person administering the vaccine of the pet and must retain one copy in his files for not less than three years. Coincident With the issuance of the certificate, the licensed graduate veterinarian shall also furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag, when issued by the licensed graduate veterinarian, shall bear the name of such veterinarian. The metal license tag shall at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued. Annually before February first, the veterinarian shall report to the department the number of animals inoculated against rabies during the preceding year. The department in conjunction with licensed veterinarians, shall promote annual rabies clinics. The fee for rabies inoculation at these clinics may not exceed three dollars including the cost of the vaccine, and this charge must be paid by the pet owner. Fees collected by veterinarians at these clinics are their compensation."
SECTION 3. Section 47-5-150 of the 1976 Code is amended to read:
"Section 47-5-150. The When it considers necessary, the department of Health and Environmental Control shall furnish free of cost antirabic (human) vaccine to the physician attendant upon persons bitten by any or otherwise exposed to a pet or other animal found or suspected to be affected by rabies. Such If the department considers it necessary to provide antirabic (human) vaccine shall meet the standard and approval of the United States Public Health Service to the persons bitten or otherwise exposed to a pet suspected of or having rabies that has not been vaccinated, the pet owner shall reimburse the department for the cost of the vaccine. Reimbursement is due the department within thirty days after billing."
SECTION 4. Section 47-5-180 of the 1976 Code is amended to read:
"Section 47-5-180. The rabies control officer, under the direction of the county health department or the county board of health, shall enforce the provisions of this chapter and, for the purpose of enforcing this chapter,. The sheriff and his deputies, and the police officers in each incorporated municipality, and animal control officials in each county and municipality shall be aides and are instructed to assist and cooperate with the county health department in carrying out the provisions of enforcing this chapter.
The rabies control officer shall organize and publicize the annual clinics in conjunction with licensed graduate veterinarians. In the event that a licensed graduate veterinarian does not reside within the county, then the rabies control officer shall contact the Department of Health and Environmental Control which shall provide a veterinarian to conduct the annual clinics."
SECTION 5. Sections 47-5-70, 47-5-130, 47-5-140, 47-5-160, and 47-5-170 of the 1976 Code are repealed.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. MANLY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2350.AC), which was adopted.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by deleting Section 1 of the report.
Renumber sections to conform.
Amend title to conform.
Rep. MANLY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4396 -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, AUTHORIZE THE LAND RESOURCES CONSERVATION COMMISSION TO ASSESS FINES FOR VIOLATIONS, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8159.BD).
Amend the bill, as and if amended, Section 49-11-120(4)(a), SECTION 1, page 2, line 14, after /or/ by inserting /less than/ so that when amended the subitem reads:
/(a) Any dam which is or shall be less than twenty-five feet in height from the natural bed of the stream or watercourse measured at the downstream toe of the dam, or less than twenty-five feet from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or watercourse, to the maximum water storage elevation and has or shall have an impounding capacity at maximum water storage elevation of less than fifty-acre feet unless a situation exists where the hazard potential as determined by the commission is such that dam failure or improper reservoir operation may cause loss of human life.;/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. The requirements of Section 49-11-150 of the 1976 Code amended in Section 1 apply to dams or reservoirs constructed before and after the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 2, which was adopted.
The following Bill was taken up.
H. 4397 -- Rep. Wilkes: A BILL TO AMEND SECTION 12-7-1225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE CONSTRUCTION AND INSTALLATION OR RESTORATION OF WATER IMPOUNDMENTS AND WATER CONTROL STRUCTURES, SO AS TO PROVIDE A CREDIT FOR STRUCTURES DESIGNED FOR WATER QUALITY PROTECTION AND IMPROVEMENT AND PROVIDE REQUIREMENTS FOR PROOF OF EXEMPTION FROM PERMIT REQUIREMENTS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposes the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8162.BD)
Amend the bill, as and if amended, Section 12-7-1225, SECTION 1, page 2, beginning on line 3, by striking /water quality protection and improvement/ and inserting /stormwater management/ so that when amended the section reads:
/Section 12-7-1225. A taxpayer may claim as a credit twenty-five percent of all expenditures, to a maximum of two thousand five hundred dollars made in each tax year, for the construction and installation or restoration of ponds, lakes, and other water impoundments, and water control structures designed for the purposes of water storage for irrigation, water supply, sediment control, erosion control, or aquaculture and wildlife management, or stormwater management. This tax credit does not apply to any a pond, a lake, or other another water impoundment or water control structure located in or adjacent to and filled primarily by coastal waters of the State.
To qualify for this credit the taxpayer must shall obtain a construction permit issued by the South Carolina State Land Resources Conservation Commission, or its agent, the local soil and water conservation district, or proof of exemption from permit requirements issued by either of the above these agencies, as provided in the South Carolina Dam Dams and Reservoir Reservoirs Safety Act, (Article 3, of Chapter 11 of Title 49).
Proof of exemption from permit requirements must be issued for dams not requiring permits which are constructed in compliance with designs prepared by the Soil Conservation Service or a registered professional engineer or constructed according to minimum guidelines developed by the commission. Adherence to the minimum guidelines must be verified in the field by the commission, or its agent, the local soil and water conservation district, before issuance of the exemption form.
If the amount for such the credit exceeds the taxpayer's tax liability for such the taxable year, the amount which exceeds such the tax liability may be carried over for credit against income taxes in the next five succeeding taxable years until the total amount of the tax credit has been taken./
Amend further, SECTION 2, page 2, line 37, by striking /1991/ and inserting /1992/ so that when amended the SECTION reads:
/SECTION 2. This act, upon approval by the Governor, is effective for taxable years beginning after 1992./
Amend title to conform.
Rep. WILKES explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WILKES having the floor.
Reps. HOLT and INABINETT withdrew their objections to the following Bill.
H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
Rep. RAMA withdrew his objection to H. 4290 however, other objections remained upon the Bill.
On motion of Rep. SHARPE, with unanimous consent, the following Joint Resolution was ordered recalled from the Senate.
S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Dupont for a reception, April 29, 1992, 6:00 P.M. - 8:00 P.M. at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1359 -- Senators Peeler, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION TO POSTPONE THE IMPLEMENTATION OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 SO AS TO PROVIDE THAT THE DATE FOR THE LICENSING OF COMMERCIAL DRIVERS SHALL NOT TAKE EFFECT UNTIL APRIL 2, 1993.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1359 -- Senators Peeler, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION TO POSTPONE THE IMPLEMENTATION OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 SO AS TO PROVIDE THAT THE DATE FOR THE LICENSING OF COMMERCIAL DRIVERS SHALL NOT TAKE EFFECT UNTIL APRIL 2, 1993.
Whereas, the implementation of the Commercial Motor Vehicle Safety Act of 1986 has resulted in requiring all commercial truck drivers to be tested for the purposes of interstate commerce; and
Whereas, the new commercial motor vehicle licensing requirements have created a hardship for many of the motor vehicle carriers and commercial truck drivers of our country and State; and
Whereas, many professional truck drivers are currently faced with the hardship of losing their employment if they fail to become licensed under the Commercial Motor Vehicle Safety Act of 1986 by April 2, 1992; and
Whereas, it is not overly burdensome to postpone the implementation of the Commercial Motor Vehicle Safety Act of 1986 as it relates to the requirement that all commercial drivers be licensed by April 2, 1992. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State of South Carolina memorialize Congress to enact legislation to postpone until April 2, 1993, the requirement that all commercial drivers be licensed under the Commercial Motor Vehicle Safety Act of 1986.
Be it further resolved that a copy of this resolution be forwarded to each house of Congress, each member of the South Carolina delegation, and the Secretary of Transportation of the United States.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4623 -- Reps. Carnell, Harvin, Klapman, Tucker, Farr, McAbee, Snow and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE SOUTH CAROLINA HIGHWAY PATROL, AND OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES NOT TO STRICTLY ENFORCE FOR A PERIOD OF NINETY DAYS THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT WHICH REQUIRE A PERSON DRIVING A COMMERCIAL MOTOR VEHICLE AFTER APRIL 2, 1992, TO HAVE A COMMERCIAL DRIVER'S LICENSE STIPULATED BY THAT ACT.
On motion of Rep. CARNELL, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4623 -- Reps. Carnell, Harvin, Klapman, Tucker, Farr, McAbee, Snow and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE SOUTH CAROLINA HIGHWAY PATROL, AND OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES NOT TO STRICTLY ENFORCE FOR A PERIOD OF NINETY DAYS THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT WHICH REQUIRE A PERSON DRIVING A COMMERCIAL MOTOR VEHICLE AFTER APRIL 2, 1992, TO HAVE A COMMERCIAL DRIVER'S LICENSE STIPULATED BY THAT ACT.
Whereas, the South Carolina Commercial Driver License Act in Section 56-1-2070 of the 1976 Code provides in part that: "no person may drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving"; and
Whereas, in order for a person to be issued a commercial driver's license by the Department of Highways and Public Transportation under this act he must first pass a knowledge and skills test for driving a commercial motor vehicle; and
Whereas, at the present time a large number of applicants for a commercial driver's license have not been able to comply with these testing requirements due in part to a shortage of testing facilities and personnel; and
Whereas, the members of the General Assembly, by this resolution, express their belief that an additional period of ninety days beyond the April 2, 1992, deadline is needed so that all applicants will have a fair opportunity to secure the required commercial driver's license. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby direct the Department of Highways and Public Transportation, the South Carolina Highway Patrol, and other state and local law enforcement agencies not to strictly enforce for a period of ninety days the provisions of the South Carolina Commercial Driver License Act which require a person driving a commercial motor vehicle after April 2, 1992, to have a commercial driver's license stipulated by that act.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation and the South Carolina Highway Patrol.
Rep. CARNELL explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Reps. STODDARD and CARNELL, from the Laurens Delegation, submitted a report without recommendation, on:
H. 4339 -- Rep. J.W. Johnson: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1992.
On motion of Rep. STODDARD, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4339 -- Rep. J.W. Johnson: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1992.
Rep. STODDARD moved to table the Bill, which was agreed to.
The following was introduced:
H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKES having the floor.
H. 4397 -- Rep. Wilkes: A BILL TO AMEND SECTION 12-7-1225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE CONSTRUCTION AND INSTALLATION OR RESTORATION OF WATER IMPOUNDMENTS AND WATER CONTROL STRUCTURES, SO AS TO PROVIDE A CREDIT FOR STRUCTURES DESIGNED FOR WATER QUALITY PROTECTION AND IMPROVEMENT AND PROVIDE REQUIREMENTS FOR PROOF OF EXEMPTION FROM PERMIT REQUIREMENTS.
Debate was resumed on Amendment No. 1, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WILKES continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKES, with unanimous consent, it was ordered that H. 4397 be read the third time tomorrow.
Rep. SNOW moved to adjourn debate upon the following Bill until Wednesday, April 8, which was adopted.
H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4438 -- Reps. Snow, G. Brown, Farr, Koon, Smith, Sharpe, Bennett, Riser, McLeod, D. Elliott, Rhoad, Bruce, Harvin, McTeer, Wilder, Altman and Waldrop: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
Rep. SNOW explained the Bill.
S. 762 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.
S. 763 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
Rep. SNOW explained the Bill.
S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.
H. 4410 -- Reps. Wilkins, Kirsh, Gonzales, Kempe, Harvin, Wells, Quinn, Smith, Rama and Keegan: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
Rep. WILKINS explained the Bill.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4438 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 762 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 763 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 851 be read the third time tomorrow.
Rep. RHOAD moved to adjourn debate upon the following Bill until Tuesday, March 31, which was adopted.
S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.
The following Bill was taken up.
S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8227.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-11-700(B) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 200 be read the third time tomorrow.
Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, April 2, which was adopted.
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
The following Bill was taken up.
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8167.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 50-17-510(C), SECTION 1, page 2, beginning on line 6, and inserting:
/(3)(C) It is unlawful to take, catch, have in possession, land, or sell any fish of the following species of less than the minimum size limit, (and in accordance with any tolerance limits thereof), established by federal regulations under authorization of the Fishery Conservation and Management Act (P. L. 94-265) as follows: Red snapper (Lutjanus campechanus) - twelve inches total length; Yellowtail snapper (Ocyurus chrysurus) - twelve inches total length; Black sea bass (Centropristes striata) - eight inches total length; Red grouper (Epinephelus morio) - twelve inches total length; Nassau grouper (Epinephelus striata) - twelve inches total length; Spanish mackerel (Scomberomorus maculatus) - twelve inches fork length; and Cobia (Rachycentron candadum) - thirty-three inches fork length./
Amend further, by striking Section 50-17-510(F), SECTION 1, beginning on page 2 and line 42, and inserting:
/(F) The regulations promulgated by the federal government regarding catch or possession limits on bluefish, cobia, Spanish mackerel, king mackerel, amberjack, all species of snapper, grouper, and porgy, and billfish, (Istiophoridae), under the Fishery Conservation and Management Act (P. L. 94-265) are declared to be the law of this State and apply in all state waters. The department may adopt by regulation all other fishery regulations promulgated under Public Law 94-265 which apply to the Fishery Conservation Zone federal waters adjacent to this state's waters. When adopted, these regulations apply in state waters, and a violation of these regulations is punishable as provided in this section./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 788 be read the third time tomorrow.
The following Bill was taken up.
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
Rep. RHOAD explained the Bill.
Reps. BEASLEY, INABINETT and KENNEDY objected to the Bill.
Rep. RHOAD moved to adjourn debate upon the Bill until Tuesday, March 31, which was adopted.
The following Bill was taken up.
S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.
Rep. KLAPMAN moved to adjourn debate upon the Bill, which was rejected.
The Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4417 -- Rep. Gentry: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill until Tuesday, March 31, which was adopted.
Rep. BAXLEY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Nettles Rhoad Ross Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Canty Cato Chamblee Clyborne Cole Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Gonzales Hallman Harrelson Harwell Haskins Hodges Holt Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McCraw McLeod McTeer Meacham Phillips Rama Riser Rudnick Scott Sheheen Shirley Smith Stone Sturkie Townsend Tucker Vaughn Waites Wells Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
The following Joint Resolution was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18880.SD).
Amend the resolution, as and if amended, in Section 10 of Article VI of the Constitution, as contained in Section 1, by inserting immediately after /jurisdiction/ on line 11 of page 2 /, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State/.
When amended, Section 10 of the Constitution shall read:
/Section 10. 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. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law.
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. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State./
Amend title to conform.
Rep. WILKINS explained the amendment.
Reps. McABEE, HARRELSON, CARNELL, SCOTT, J. BROWN and KENNEDY objected to the Joint Resolution.
Rep. PHILLIPS moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The Senate amendments to the following Bill were taken up for consideration.
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Rep. KLAPMAN moved to adjourn debate upon the Senate amendments until Tuesday, March 31, which was adopted.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
The motion period was dispensed with on motion of Rep. L. MARTIN.
The following Bill was taken up.
H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 25, by the Committee on Education and Public Works.
Rep. WRIGHT explained the amendment.
Rep WILKES spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. HUFF moved that the House do now adjourn.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baker Baxley Beasley Beatty Bennett Boan Brown, H. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cooper Council Delleney Elliott, L. Fair Farr Hallman Harrelson Harvin Haskins Hodges Holt Houck Huff Jaskwhich Kennedy Kirsh Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McKay Neilson Nettles Rhoad Ross Shirley Townsend Tucker Vaughn Whipper Wilder Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Byrd Canty Cole Cromer Felder Gonzales Harris, J. Harrison Harwell Hyatt Keegan Kempe Keyserling Kinon Klapman Koon Lanford McCraw Meacham Phillips Quinn Rama Riser Rogers Rudnick Scott Sheheen Shissias Smith Stone Sturkie Taylor Waites Wells Wilkes Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. FAIR having the floor.
The Senate returned to the House with concurrence the following:
H. 4624 -- Reps. Wells, McGinnis, Beatty, Lanford, Littlejohn, Kempe and Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE JOSEPH DERHAM COLE ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE OF THE 7TH JUDICIAL CIRCUIT, THANK HIM FOR HIS VALUABLE CONTRIBUTIONS AND HIS QUIET AND CONSCIENTIOUS LEADERSHIP IN THE GENERAL ASSEMBLY, AND WISH HIM WELL AS A MEMBER OF THE ESTEEMED BENCH OF THIS STATE.
At 12:00 Noon the House in accordance with the motion of Rep. STODDARD adjourned in memory of Mr. Ralph Garrett, to meet at 10:00 A.M. tomorrow.
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