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:
Almighty and most merciful God, our Help for each new day and our Hope for every unknown tomorrow, make us to know always that this is God's world, the object of God's love, the arena of man's achievement but sometimes the scene of man's struggle. And that this is God's time, exciting and bursting with opportunities. So even as sometimes events around become confusing and filled with anxiety, keep us steadfast in the confident knowledge that we are God's people, called into being and sustained by Your mighty power, and created to do Your will.
So use us, good Lord, for Your glory and to honor Your holy Name.
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 question of a quorum was raised. A quorum was later present.
Rep. CROMER moved that when the House adjourns it adjourn in memory of Mrs. Ruth Murphy, which was agreed to.
The following was received.
April 1, 1992
The Honorable David W. Harwell
Chief Justice
South Carolina Supreme Court
Post Office Drawer 2459
Myrtle Beach, South Carolina 29578
The Honorable Robert J. Sheheen
Speaker of the House
The House of Representatives
506 Blatt Building
Columbia, South Carolina 29211
The Honorable Marshall B. Williams
President, Pro Tempore
The Senate
101 Gressett Building
Columbia, South Carolina 29202
The Honorable Thomas H. Pope
Chairman, Joint Legislative
Committee for Judicial Screening
506 Gressette Building
Columbia, South Carolina 29202
Gentlemen:
Late yesterday, I signed a contract with the College of Charleston to become its President on October 1, 1992. Subject to the approval of that contract by the Budget and Control Board, I plan to resign as the Chief Judge of the South Carolina Court of Appeals, effective on that date.
I very much appreciate the opportunity to have served as Chief Judge of the Court and will be eternally grateful to the General Assembly for having given me this opportunity. I am also grateful to the Supreme Court for its cooperation with me in my carrying out of the duties of Chief Judge and as a member of the Court of Appeals.
I thank you all very much.
Sincerely,
Alex Sanders
Received as information.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments,
Rep. KIRSH, for the minority, submitted an unfavorable report, on:
H. 3827 -- Reps. Barber, G. Brown, Baxley, Rogers, L. Elliott, Jaskwhich, Keyserling, Waites, Kempe, M.O. Alexander, Farr, Cole, McCraw and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-422 SO AS TO REQUIRE AN IMPACT FEE FOR THE ISSUANCE OF AN ORIGINAL CERTIFICATE OF TITLE FOR A MOTOR VEHICLE PREVIOUSLY TITLED OUTSIDE OF SOUTH CAROLINA, REQUIRE THE REVENUE GENERATED FROM THE FEE BE DEPOSITED IN THE HERITAGE LAND TRUST FUND, PROVIDE THAT A PORTION OF THE INCREASED FEE BE REMITTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE EXEMPTIONS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3033 -- Reps. Keegan, Corning and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4336 -- Reps. Barber and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-170 SO AS TO REQUIRE THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, TO SOLICIT, COMPILE, AND ANNUALLY DISTRIBUTE TO STATE AGENCIES AND THE GENERAL ASSEMBLY THE INITIATIVE, ACTIVITIES, ACHIEVEMENTS, AND RESULTS OF THE TOTAL QUALITY MANAGEMENT PLAN.
Ordered for consideration tomorrow.
The following was introduced:
H. 4646 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING SHERIFF WILLIAM A. JOLLY OF UNION COUNTY UPON BEING CHOSEN "SHERIFF OF THE YEAR" FOR 1991 DURING THE SOUTH CAROLINA SHERIFFS' ASSOCIATION'S QUARTERLY MEETING, MARCH 19, 1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4647 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING AND SALUTING RUTH HINNANT CHANDLER OF DARLINGTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 446 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA PRODUCTIVITY AWARD TO RECOGNIZE MANUFACTURING COMPANIES, SERVICE COMPANIES, AND THE SMALL BUSINESSES OF SOUTH CAROLINA FOR THEIR CONTRIBUTIONS TO THE STATE ECONOMY THROUGH IMPROVEMENTS IN PRODUCTIVITY AND THE QUALITY OF THE WORK ENVIRONMENT.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4648 -- Rep. Scott: A JOINT RESOLUTION TO PROVIDE THAT FOR 1992 ONLY ALL NONPARTISAN ELECTIONS CONDUCTED AFTER THE EFFECTIVE DATE OF THIS JOINT RESOLUTION MUST BE HELD ON THE FOURTH TUESDAY IN AUGUST, TO PROVIDE THAT FOR 1992 ONLY ALL CANDIDATES SEEKING NOMINATION IN NONPARTISAN ELECTIONS MUST FILE THEIR PETITIONS OR STATEMENTS OF CANDIDACY BY NOON ON JUNE TWENTY-FIFTH, TO PROVIDE THAT PERSONS WHO HAVE FILED FOR OFFICES IN NONPARTISAN ELECTIONS ON THE EFFECTIVE DATE OF THIS JOINT RESOLUTION ARE CONSIDERED TO BE EXEMPTED FROM FILING FOR THE ELECTION CONDUCTED IN 1992, AND TO PROVIDE THAT TERMS OF OFFICE WHICH EXPIRE IN 1992 ARE EITHER EXTENDED OR TERMINATED TO COMPLY WITH THE ELECTION DATES PROVIDED IN THIS JOINT RESOLUTION.
Rep. SCOTT asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to the Committee on Judiciary.
H. 4649 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.
On motion of Rep. G. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
Referred to Committee on Judiciary.
H. 4651 -- Reps. Carnell, McAbee and Holt: A BILL TO AMEND CHAPTER 31, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER MOTOR VEHICLES BY ADDING SECTION 56-31-50 SO AS TO PROVIDE THAT RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING PRIVATE PASSENGER MOTOR VEHICLES FOR PERIODS OF THIRTY-ONE DAYS OR LESS SHALL COLLECT CERTAIN SURCHARGES ON ALL RENTAL CONTRACTS AND TO PROVIDE FOR THE USE OF THE REVENUE GENERATED BY THESE SURCHARGES.
Referred to Committee on Ways and Means.
H. 4652 -- Rep. Gentry: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE TAX CREDIT FOR NEW JOBS, SO AS TO PROVIDE THAT INDIVIDUALS, PARTNERSHIPS, QUALIFYING SUBCHAPTER "S" CORPORATIONS AND OTHER ENTITIES OPERATING IN A MANNER THAT DOES NOT SUBJECT THEM TO CORPORATE INCOME TAXES IS NEVERTHELESS ENTITLED TO THE JOBS TAX CREDIT AGAINST INDIVIDUAL INCOME TAXES, AND TO PROVIDE THAT NEW JOBS CREATED AFTER THE YEAR 1985 QUALIFY FOR THE INDIVIDUAL INCOME TAX CREDIT WHICH MUST BE TAKEN PROSPECTIVELY IN THE MANNER STIPULATED.
Referred to Committee on Ways and Means.
H. 4653 -- Rep. Wilder: A BILL TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL AN ACT OF 1992 BEARING RATIFICATION NUMBER 311 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4654 -- Rep. D. Elliott: A BILL TO AMEND SECTION 50-17-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AND RESTRICTIONS ON NETS IN SALTWATER, SO AS TO CHANGE THE REQUIREMENTS FOR THE LENGTH OF A GILL NET.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
Referred to Committee on Judiciary.
The following was introduced:
H. 4655 -- Reps. Baxley, Neilson and Beasley: A CONCURRENT RESOLUTION TO COMMEND MR. MARION J. GOODSON, COURT CRIER AND CHIEF BAILIFF OF THE DARLINGTON COUNTY FOURTH CIRCUIT COURT, FOR HIS TRULY OUTSTANDING SERVICE IN THIS CAPACITY FOR ALMOST TWENTY-FIVE YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4656 -- Rep. L. Elliott: A HOUSE RESOLUTION TO CONGRATULATE THE CITY OF MULLINS JUNIOR BOYS ALLSTAR BASKETBALL TEAM FOR WINNING THE STATE RECREATIONAL LEAGUE CHAMPIONSHIP.
The Resolution was adopted.
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 Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Scott Sharpe Sheheen Shirley Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 1.
James G. Mattos Danny M. Bruce C. Lenoir Sturkie Michael Jaskwhich Stephen Gonzales Juanita White Joseph McElveen John G. Felder Dell Baker C. Alex Harvin III Ralph Canty Irene Rudnick David Beasley June Shissias Douglas McTeer Gilda Cobb-Hunter
LEAVES OF ABSENCE
The SPEAKER granted Rep. B.L. HENDRICKS a leave of absence for the day due to illness.
The SPEAKER granted Rep. WALDROP a leave of absence for the day due to illness.
I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, April 1.
DON BEATTY
Reps. HARVIN, GENTRY, and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 31.
Rep. KEYSERLING signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, March 25.
Reps. ANDERSON and WILKINS, on behalf of the Greenville Delegation, presented the Greenville High School "Red Raiders" Boys' Varsity Basketball Team, winners of the 1991 State AAA Championship, coaches and school officials.
Announcement was made that Dr. Jim Pruitt of Seneca is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
H. 4567 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA COASTAL COUNCIL, RELATING TO MARINAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1405, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.
S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Rep. WOFFORD explained the Bill.
S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, April 2, which was adopted.
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 4183 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTION 15-78-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF CLAIMS AND ACTIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE FOR THE MANNER IN WHICH PAYMENT OF A CLAIM TO AN INCARCERATED CLAIMANT MUST BE MADE, AND TO PROVIDE FOR CERTAIN NOTICES TO THE SOLICITOR OF THE COUNTY WHERE THE CRIME INVOLVING THE CLAIMANT WAS COMMITTED AND TO ANY ASCERTAINABLE VICTIMS SO THAT ANY FINES OR RESTITUTION MAY BE COLLECTED.
Debate was resumed on the following Bill, the pending question being the consideration of amendment No. 1, Rep. NETTLES having the floor.
H. 4174 -- Reps. Jennings, M. Martin and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 31, by the Committee on Judiciary.
Rep. NETTLES continued speaking.
Rep. KIRSH raised the Point of Order that H. 4174 was out of order as it was not in compliance with Rule 4.4 in that it dealt with the appropriation of money and should have been referred to the Ways and Means Committee. He further stated that the Bill said that the cost of the test administered must be paid from the General Fund of the State.
The SPEAKER stated that it did not directly appropriate money and he overruled the Point of Order.
Rep. NETTLES continued speaking.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19003.SD).
Amend the report of the Committee on Judiciary, as and if amended, in Section 56-5-2951 of the 1976 Code, as contained in Section 3, by striking /thirty-five dollars/ on line 26 of page [4174-12] and inserting /ten dollars/.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. NETTLES spoke against the amendment.
Reps. G. BROWN, SCOTT, J. BROWN, BYRD and TAYLOR objected to the Bill.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, April 7, which was adopted.
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, April 8, which was adopted.
H. 4106 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, April 8, which was adopted.
H. 4107 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, April 8, which was adopted.
H. 4101 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
The following Bill was taken up.
H. 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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6252.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 40-36-145, as contained in Section 1, page 1, and inserting:
/Section 40-36-145. Notwithstanding the licensing requirements of this chapter, a person licensed as an occupational therapist under the laws of another state, territory, or the District of Columbia with requirements for licensing substantially equal to licensing requirements in this State, on becoming a resident of this State, may practice occupational therapy and receive payment for his services pending his being licensed in this State if he applies as promptly as practicable for a license in this State. The period of unlicensed practice allowed by this section may not extend for more than ninety days after the person becomes a resident of this State./
Amend further by adding an appropriately numbered section to read:
/SECTION ___. Chapter 45, Title 40 of the 1976 Code is amended by adding:
"Section 40-45-125. Notwithstanding the licensing requirements of this chapter, a person licensed as a physical therapist under the laws of another state, territory, or the District of Columbia with requirements for licensing substantially equal to licensing requirements in this State, on becoming a resident of this State, may practice physical therapy and receive payment for his services pending his being licensed in this State if he applies as promptly as practicable for a license in this State. The period of unlicensed practice allowed by this section may not extend for more than ninety days after the person becomes a resident of this State."/
Renumber sections to conform.
Amend title to conform.
Rep. Chamblee 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.
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 Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8237.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 47-1-50 of the 1976 Code is amended to read:
"Section 47-1-50. (A) Every An owner, a possessor, or a person having the charge or custody of any an animal who may not:
(1) cruelly drives drive or works work it when unfit for labor;
(2) Cruelly abandons it;
(3) (2) Carries carry it, or causes cause it to be carried, in or upon any a vehicle or otherwise in an unnecessarily cruel or inhuman manner; or
(4) (3) knowingly or wilfully authorizes authorize or permits permit it to be subjected to unnecessary torture, suffering, or cruelty of any kind; shall,.
(B) A person who violates this section for every such offense, be is guilty of a misdemeanor and, upon conviction, shall must be punished for every such each offense in the manner prescribed in Section 47-1-40."
SECTION 2. Section 47-1-70 of the 1976 Code is amended to read:
"Section 47-1-70. (A) A person, being the owner or possessor or having charge or custody of a maimed, diseased, disabled or infirm animal in any town or city of this State, who abandons such animal or leaves it to die in a street, road, highway or other public place more than three hours after he receives notice that it is left disabled may not abandon an animal. As used in this section 'abandonment' is defined as deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life. 'Necessities of life' includes:
(1) adequate water which means a constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species at least once daily;
(2) adequate food which means provision at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight;
(3) adequate shelter which means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(B) A person who violates this section is guilty of a misdemeanor and shall, upon conviction, must be punished by a fine fined not exceeding one less than two hundred nor more than five hundred dollars or imprisonment imprisoned not exceeding more than thirty days, or both. Offenses under this section must be tried in the magistrate's court."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. KOON moved to adjourn debate upon the Bill until Thursday, April 16, which was adopted.
The following Bill was taken up.
H. 4278 -- Rep. Corning: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION, AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 31, by the Committee on Judiciary.
Rep. CORNING explained the amendment.
Reps. L. ELLIOTT, HOLT and MARCHBANKS objected to the Bill.
Rep. L. MARTIN moved to adjourn debate upon the following Joint Resolution until Wednesday, April 8, which was adopted.
H. 4568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8242.BD), which was adopted.
Amend the bill, as and if amended, Section 56-9-60, SECTION 1, page 1, by striking the sentence beginning on line 35 and inserting:
/Upon not less than five days' notice and a hearing pursuant to the notice, the department may upon reasonable grounds cancel a certificate of self-insurance insurer status when the requirements for the status no longer are met./; line 31 by striking /The/ and inserting /The/; and line 43 before /person/ by inserting /The/ so that when amended the section reads:
/Section 56-9-60. Any A person in whose name or company who has more than twenty-five motor vehicles are registered in his name may qualify as a self-insurer by obtaining a certificate of self-insurance issued by provided that the department as provided in this section is satisfied that the person or company is able to pay any judgments obtained against the person or company. The Department may, in its discretion, upon the application of such person, issue a certificate of self-insurance when it is satisfied that the person is possessed and will continue to be possessed of ability to pay judgments obtained against him. Upon not less than five days' notice and a hearing pursuant to the notice, the department may upon reasonable grounds cancel a certificate of self-insurance insurer status when the requirements for the status no longer are met. Failure to pay any judgment within thirty days after the judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance The person or company must submit the following information to the department for it to determine financial responsibility:
(1) a copy of the applicant's latest, certified, audited financial statement indicating that the applicant has a positive net worth;
(2) a current list of all vehicles registered in applicant's name;
(3) the applicant's procedural guidelines for processing claims;
(4) the applicant must have a net worth of a least twenty million dollars or the department may require the applicant to deposit in a segregated self-insured claims account the sum of five thousand dollars for each vehicle to be covered by the self-insurer's certificate. The five thousand dollar a vehicle amount may not decrease less than thirty percent in any given certificate year; and
(5) the applicant shall obtain an excess insurance policy to cover all claims exceeding one hundred thousand dollars for each occurrence if the applicant is required to deposit five thousand dollars a vehicle as provided in item (4)./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
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. WILKINS explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Joint Resolution were taken up for consideration.
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. SHARPE moved to table the Joint Resolution, which was agreed to.
Rep. KEYSERLING moved that the House recur to the morning hour, which was agreed to.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
March 26, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
This year marks the 100th anniversary of the Office of Sheriff. To help celebrate a millennium of service, the South Carolina Sheriffs' Association invites the entire House body to a breakfast to be held in the downstairs State House Lobby on Thursday, April 16, 1992, from 8:30 A.M. to 11:00 A.M.
Please make the necessary arrangements to have our invitation published in the House Calendar.
Thank you very much for your assistance.
Sincerely,
Francis Coath, Jr.
Sheriff, Allendale County
President
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments,
Reps. KIRSH and KLAPMAN, for the minority, submitted an unfavorable report, on:
H. 4379 -- Reps. Keyserling, Barber, Hendricks, Rogers, Whipper, McLeod, McElveen, McTeer, Wilkes, Houck, J. Bailey, Foster, Holt, L. Elliott, D. Martin, Inabinett, Baxley, McKay, Kempe, Waites, Cromer, Manly, Bennett, McAbee, Boan, Jennings, Hodges, Glover, Farr, Cato, D. Williams, Harvin, Cooper, Fulmer, Sharpe, Corbett, Meacham, A. Young, Tucker, Wright, Wells, Rudnick, M. Martin, Hallman, Mattos, Neilson, M.O. Alexander, Sheheen, Byrd, Harrelson, Shirley, J. Brown, Keegan, Anderson, Waldrop, Scott, Gonzales, D. Elliott, Harrison, Shissias, Corning, Quinn, Cork, Altman, Snow, Sturkie, Hyatt, Phillips, Cobb-Hunter, Kinon and McGinnis: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Ordered for consideration tomorrow.
On motion of Rep. BARBER, with unanimous consent, the following was taken up for immediate consideration:
H. 4657 -- Reps. Barber and Clyborne: A CONCURRENT RESOLUTION TO RECOGNIZE CIVITAN INTERNATIONAL AND THE MANY CIVITAN CLUBS IN SOUTH CAROLINA AND THROUGHOUT THE UNITED STATES FOR THEIR CONTRIBUTIONS TO OTHERS AND TO DESIGNATE THE WEEK OF APRIL 12-18, 1992, AS "CIVITAN AWARENESS WEEK".
Whereas, the members of the General Assembly continue to appreciate the fine work by Civitan International and the many Civitan clubs throughout South Carolina and the nation; and
Whereas, the first Civitan Club was organized March 17, 1917, and Civitan International was founded April 15, 1920, in Birmingham, Alabama; and
Whereas, the South Carolina District of Civitan International was formed on May 26, 1947; and
Whereas, the fifty thousand men, women, and teenagers in one thousand six hundred Civitan clubs worldwide work together to make their communities better places in which to live and work; and
Whereas, Civitan stresses the principles of good citizenship and challenges every citizen to think of citizenship as both a privilege and a responsibility; and
Whereas, Civitan is recognized for its support of adult and youth leadership development programs, community enhancement projects, scholarship grants, and public education programs; and
Whereas, Civitan has a long history of financial support and volunteer help for the physically handicapped and mentally retarded; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate this outstanding organization for all that it has done to better the lives of those in need. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby recognize Civitan International and the many Civitan clubs in South Carolina and throughout the United States for their contributions to others and to designate the week of April 12-18, 1992, as "Civitan Awareness Week".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4658 -- Reps. J. Brown, Whipper, Byrd, Scott, White, Taylor, Canty, D. Martin, D. Williams, Inabinett, Anderson, Glover and Foster: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO PERSONS ADMITTED TO THE FLOOR, SO AS TO PROVIDE THAT THE DIRECTOR OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS MAY BE ADMITTED TO THE FLOOR.
The Resolution was ordered referred to the Committee on Rules.
On motion of Rep. L. ELLIOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 4660 -- Rep. L. Elliott: A HOUSE RESOLUTION CONGRATULATING MULLINS HIGH SCHOOL OF MARION COUNTY ON WINNING THE GIRLS' CLASS AA STATE CHAMPIONSHIP IN BASKETBALL FOR 1992, AND ALLOWING THE LADY AUCTIONEERS BASKETBALL TEAM AND COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 22, 1992, FOR THE PURPOSE OF BEING HONORED FOR WINNING THE STATE CROWN.
Whereas, the Lady Auctioneers of Mullins High School won the girls' Class AA state basketball championship for 1992 by defeating Mayewood of Sumter 47-42 at Carolina Coliseum in Columbia; and
Whereas, Mullins High's head coach is Fred Senter, and Dot Jackson is the team's assistant coach; and
Whereas, the Mullins High girls finished the 1991-92 season with a superb 24-6 record and are to be commended for their hard work, talent, and dedication; and
Whereas, the Mullins Lady Auctioneers' winning of the state crown in Class AA is an accomplishment greatly deserving of recognition. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, congratulates Mullins High School of Marion County on Winning the girls' Class AA state basketball championship for 1992.
Be it further resolved that the Lady Auctioneers basketball team of Mullins High School and the team's coaches be granted the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, on Wednesday, April 22, 1992, for the purpose of being honored for winning the state crown.
Be it further resolved that a copy of this resolution be presented to the Lady Auctioneers of Mullins High School.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.
On motion of Rep. P. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up.
H. 4387 -- Reps. Corning, Keyserling, Harrison, Kirsh, Wilkes, Waites and Wofford: A BILL TO AMEND SECTION 8-13-1342, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO PARTICIPATED IN THE AWARDING OF A CONTRACT, AND THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO REFERRALS FOR THE RENDERING OR PROVIDING OF PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, DELETE THE EXEMPTION RESPECTING CONTRACTS AWARDED THROUGH COMPETITIVE BIDDING, AND PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9838.JM), which was adopted.
Amend the bill, as and if amended, by striking Section 8-13-1342, as contained in SECTION 1, and inserting:
/"Section 8-13-1342. No person who has been awarded a contract or received a referral for the rendering or providing of professional services, including, but not limited to, legal services, notwithstanding any other provision of law, with the State, a county, a municipality, or a political subdivision thereof, other than contracts awarded through competitive bidding practices, where the public official has no functions regarding the writing or preparing of the contract specifications or terms, acceptance of bids, or any other action regarding the preparation, consideration, approval, or award of such contracts, may directly or indirectly make a contribution to a public official or a candidate for the respective office after the awarding of the contract or after receiving the referral described above or invest in a financial venture in which a the public official has an interest if that official was in a position to act on the contract's award or on the referral described above. No public official or public employee may solicit campaign contributions or investments in exchange for the prior award of a contract or a referral, as described above, or the promise of a contract or a referral, as described above, with the State, a county, a municipality, or a political subdivision thereof. For the purposes of this section, 'person' means an individual, a partnership, an association, or corporation, or any other legal entity or organization, including any individual partner, owner, principal, managing agent, officer, or director, including, but not limited to, attorneys, physicians, and accountants, of any partnership, association, corporation, or other legal entity or organization, as may be applicable."/
Amend title to conform.
Rep. CORNING explained the amendment.
Reps. SCOTT, SHIRLEY and J. BROWN objected to the Bill.
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. 4249 -- Rep. Waldrop: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2340.AC), which was adopted.
Amend the bill, as and if amended, Section 44-75-50, on page 2, beginning on line 5, by striking /an examination prescribed by the department/ and inserting /the National Athletic Trainers' Association certification examination/ and by adding on page 2, line 16 /have earned a four-year college degree with appropriate academic courses and/ before /have/ so that when amended this section reads:
/Section 44-75-50. An applicant for an athletic trainer certification must pass the National Athletic Trainers' Association certification examination and:
(a) have met the athletic training curriculum requirements of a college or university and give proof by a means of a certified transcript; or
(b) have a B.S. degree in physical or corrective therapy with a minor in physical education or health which includes a basic athletic training course and have spent at least two academic years working under the supervision of a certified athletic trainer; or
(c) have earned a four-year college degree with appropriate academic courses and have completed four two years working under the supervision of a certified athletic trainer and pass an examination prescribed by the department./
Amend further, Section 44-75-100, by adding at the end of the section:
/An athletic trainer is prohibited from practicing other than provided for in his act./
So that when amended it reads:
/Section 44-75-100. For purposes of this chapter, a person is actively engaged as an athletic trainer if he the person is employed on a salary or contractual basis by an educational institution, a hospital, rehabilitation clinic, professional athletic organization, or other bona fide athletic organization for the duration of the institution's school year or the length of the athletic organization's season and performs the duties of athletic trainer as a major responsibility of this employment. An athletic trainer is prohibited from practicing other than provided for in this act./
Renumber sections to conform.
Amend title to conform.
Rep. CHAMBLEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third
reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4582 -- Reps. Barber, Rama, Holt, Hallman, Fulmer and R. Young: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S10-1473 LOCATED IN CHARLESTON COUNTY.
H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.
Rep. CHAMBLEE explained the Bill.
H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
H. 4498 -- Reps. Clyborne, L. Martin, Marchbanks and Hendricks: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, AND TERRITORIAL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE FIRST APPOINTED IN 1993 AND THEREAFTER, WITHIN SIX MONTHS OF THE BEGINNING OF HIS TERM, SHALL COMPLETE A TRAINING PROGRAM AND PASS A CERTIFICATION EXAMINATION ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THAT A NEWLY APPOINTED MAGISTRATE MAY EXERCISE THE DUTIES OF HIS OFFICE PENDING CERTIFICATION BUT NOT FOR MORE THAN SIX MONTHS AND PROVIDE THAT WHEN THE EXAMINATION IS NOT TIMELY PASSED, THE OFFICE IS DECLARED VACANT ON THE EARLIER OF THE DATE THE TIME EXPIRES OR WHEN HE IS NOTIFIED OF HIS FAILURE, TO REQUIRE A MAGISTRATE APPOINTED BEFORE 1993 TO PASS THE CERTIFICATION EXAMINATION BEFORE HE MAY BE REAPPOINTED, TO EXEMPT A MAGISTRATE WHO PASSES THE CERTIFICATION EXAMINATION FROM ANY FURTHER EXAMINATIONS DURING HIS CONTINUOUS SERVICE, AND TO PROVIDE THAT UPON NOTICE BY THE SUPREME COURT OR ITS DESIGNEE TO THE MAGISTRATE AND THE GOVERNOR OF THE MAGISTRATE'S FAILURE TO PASS THE CERTIFICATION EXAMINATION, THE MAGISTRATE'S OFFICE IS DECLARED VACANT, THE MAGISTRATE DOES NOT HOLD OVER, AND THE GOVERNOR SHALL APPOINT A SUCCESSOR.
Rep. J. WILLIAMS explained the Bill.
The following Bill was taken up.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 2, which was proposed Wednesday, March 18, by Rep. GONZALES.
Rep. GONZALES 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. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2351.AC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-3-1000 of the 1976 Code is amended to read:
"Section 61-3-1000. Every retail dealer shall maintain a separate store or place of business with only one not more than two means of public ingress or egress from the front which must be on the front or the same side of the building except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit. The additional door must remain closed and secured at all times except when used for such purposes. The place of business may have storage areas with openings no smaller than thirty-six inches adjoining the selling area and may have two toilet facilities for the use of authorized persons only.
Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.
A metal sign, not to exceed thirty-six inches in diameter, may be attached to the front of the building or may be suspended from the front of the building. The near edge of the sign may not exceed thirty-six inches from the store front. The words ABC Package Store, the owner's name, and license number must may appear thereon on the sign. Letters must be white with a red background. Letters must be no more than six inches high and no more than four inches wide. Retail dealers may attach to their stores one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words 'ABC Package Store' in black letters. No other letters or symbols may be placed on this sign.
Retail dealers may place signs containing the words 'ABC Package Store' in shopping center directories as long as the signs are the same size as those listing other stores in the directory.
Retail dealers may place one sign, not to exceed three feet by three feet, off of their licensed premises. This sign may only be white, and may only contain the words 'ABC Package Store' in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.
Signs by retail liquor dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. L. MARTIN 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. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12291), which was adopted.
Amend the bill, as and if amended, by striking Section 25-11-20, as contained in SECTION 1, and inserting:
/"Section 25--11-20. For the purpose of carrying on this work the Governor shall appoint a Director of Veterans Affairs, who shall be is charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation relative thereto. The Director of Veterans Affairs shall must be a person versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress. He shall and must be appointed by the Governor. Before the appointment, the Governor shall receive upon the recommendation recommendations of the executive committee of the American Legion, Department of South Carolina, from any nationally chartered veterans organization that is registered with the Secretary of State. The Governor is not required to appoint any of the persons recommended and he shall be is subject to removal by the Governor for cause."/
Amend title to conform.
Rep. J. BROWN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, April 2, which was adopted.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
The following Joint Resolution was taken up.
H. 4170 -- Rep. Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT FOR ANY GENERAL ELECTION RATHER THAN JUST FOR THE 1990 GENERAL ELECTION, REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE MAY BE PROPOSED AS A SINGLE AMENDMENT WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1, Article XVI of the Constitution of South Carolina, 1895, is amended to read:
"Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives. However, for the any general election in 1990, revision of an entire article or the addition of a new article may be proposed as a single amendment with only one question being required to be submitted to the electors. The amendment may delete, revise, and transpose provisions from other articles of the Constitution provided the provisions are germane to the subject matter of the article being revised or being proposed. If it is agreed to by two-thirds of the members elected to each House, the amendment or amendments must be entered on the Journals respectively, with the yeas and nays taken on it and must be submitted to the qualified electors of the State at the next general election for Representatives. If a majority of the electors qualified to vote for members of the General Assembly voting on the question vote in favor of the amendment or amendments and a majority of each branch of the next General Assembly, after the election and before another, ratify the amendment or amendments, by yeas and nays, they become part of the Constitution. The amendment or amendments must be read three times, on three several days, in each House."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article XVI, Section 1 of the Constitution of this State, relating to amendment and revision of the Constitution be amended, so as to provide that for any general election rather than just for the 1990 general election, revision of an entire article or the addition of a new article may be proposed as a single amendment with only one question being required to be submitted to the qualified electors of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Brown, G. Brown, H. Brown, J. Burch, K. Canty Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McElveen McGinnis McKay McLeod Meacham Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stone Sturkie Townsend Tucker Vaughn Waites Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
The Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Joint Resolution was taken up.
H. 3211 -- Reps. Waites, Barber, Clyborne and P. Harris: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 IN ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6144.HC).
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 15. In addition to the provisions of Articles III and XVI of this Constitution, relating to the enactment of laws and constitutional amendments, there is reserved in the people the power to enact laws and constitutional amendments by means of initiative petition. An initiative petition must contain a full and correct copy of the title and text of the proposed law or amendment and must be signed by not fewer than ten percent of the qualified electors eligible to vote at the last general election. If a majority of the qualified electors voting on the proposed law or constitutional amendment vote in favor it is a law of this State or a part of this Constitution. The commission shall certify the results to the Code Commissioner who shall assign the law or constitutional amendment to an appropriate place in the Code of Laws or the Constitution.
The General Assembly may by law provide additional requirements for an initiative petition if the requirements are consistent with the provisions of this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article XVII of the Constitution of this State be amended by adding a new section so as to provide for the enactment of a law or constitutional amendment initiated by a petition signed by no fewer than ten percent of the qualified electors eligible to vote at the last general election followed by a majority vote in favor of the proposed law or constitutional amendment and to provide that the General Assembly may by law prescribe additional requirements for an initiative petition if the added requirements are consistent with this section?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. WAITES explained the amendment.
Reps. L. MARTIN, RAMA, WHIPPER, ROSS, KLAPMAN, WRIGHT and HODGES objected to the Joint Resolution.
The following Bill was taken up.
H. 4330 -- Rep. Clyborne: A BILL TO PROVIDE FOR THE ENACTMENT OF LEGISLATION BY INITIATIVE PETITION.
Reps. L. MARTIN, RAMA, WHIPPER, ROSS, KLAPMAN, WRIGHT and HODGES objected to the Bill.
The following Bill was taken up.
H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18946.SD), which was adopted.
Amend the bill, as and if amended, by striking subsection (B) of Section 15-51-42 of the 1976 Code, as contained in Section 1, and inserting:
/(B) If no action is pending, the personal representative shall petition either the probate or the circuit court of this State seeking approval of a proposed settlement. The petition must be verified by the personal representative and shall set forth, in terms satisfactory to the court in which the petition is filed, the basic facts surrounding the death of the decedent, the pertinent facts surrounding the liability of the alleged wrongdoer, the amount of insurance available to pay for damages, the terms of the proposed settlement, the statutory beneficiaries of the wrongful death or survival action, the heirs at law or appropriate devisees of the estate, the outstanding creditors, the amount of their claims, and, if the personal representative has retained legal counsel, the terms and provisions of the agreement with respect to attorney's fees and costs./
Amend the bill further, as and if amended, in subsection (E) of Section 15-51-42 of the 1976 Code by inserting immediately after /information/ on line 41 of page 2 /, including that information required in subsection (B) above,/ and when amended subsection (E) shall read:
/(E) If the wrongful death or survival action has been filed when the settlement agreement between the parties is reached, but the matters have not yet reached trial, the procedure for settlement must be as provided above. If, however, the settlement is reached during the trial of either the wrongful death or survival action, then no petition is necessary, and the court shall conduct a hearing, at which the parties may present to the court the pertinent facts and information, including that information required in subsection (B) above, which the court may require in order to consider whether to approve or disapprove the settlement. If the court finds the settlement is fair and reasonable and in the best interests of the wrongful death beneficiaries and, for purposes of the survival action, the estate of the decedent, then the court shall issue its order approving the settlement./
Amend the bill further, as and if amended, by adding a new subsection (H) to Section 15-51-42 of the 1976 Code to read:
/(H) Any person bringing a wrongful death or survival action in a court other than the probate court must notify the probate court of this action within ten days after the filing of the action. The provisions of this subsection apply to wrongful death or survival actions filed after the effective date of this section./
Amend the bill further, as and if amended, by striking Section 3 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. 4167 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2246.AC), which was adopted.
Amend the bill, as and if amended, Section 20-7-742, on page 1, line 29, by inserting /, if the address is known,/ after /parent/ and by deleting /be made a party to the/ and inserting /receive notice as to the filing of the/ so that when amended this section reads:
/Section 20-7-742. In all abuse, neglect, and delinquency matters before the family court, a noncustodial parent, if the address is known, must receive notice as to the filing of the action./
Amend title to conform.
Rep. WILKINS 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.
S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.
Rep. BAXLEY explained the Bill and moved to adjourn debate upon the Bill until Wednesday, April 8, which was adopted.
The motion period was dispensed with on motion of Rep. RAMA.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4661 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING DR. R. BROOKS SCURRY AND DR. JOHN "JACK" SCURRY FOR THEIR OUTSTANDING DEVELOPMENT OF STONEY POINT GOLF CLUB IN GREENWOOD COUNTY -- A RECREATIONAL GEM FOR THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. TUCKER, with unanimous consent, the following was taken up for immediate consideration:
H. 4662 -- Reps. Tucker and Chamblee: A HOUSE RESOLUTION CONGRATULATING WESTSIDE HIGH SCHOOL OF ANDERSON ON WINNING THE 1992 CLASS AAA STATE CHAMPIONSHIP IN GIRLS' BASKETBALL AND ALLOWING THE BASKETBALL TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 23, 1992, FOR THE PURPOSE OF BEING HONORED FOR WINNING THE STATE CROWN.
Whereas, Westside High School of Anderson won the 1992 Class AAA state championship in girls' basketball on March 14, 1992, by defeating Myrtle Beach High School 70-47; and
Whereas, the Lady Rams of Westside High thereby won their second consecutive state title and their third in the last four years; and
Whereas, the Lady Rams finished the 1991-92 season -- their finest ever -- with a superb 31-2 overall record; and
Whereas, the Lady Rams were guided by Head Coach William Roberts; and
Whereas, the team's dedication, talent, and hard work paid off handsomely in 1991-92, culminating in clinching the state crown for Class AAA -- a superb achievement. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, congratulates Westside High School of Anderson on winning the 1992 Class AAA state championship in girls' basketball.
Be it further resolved that the Lady Rams basketball team and the team's coaches be granted the privilege of the floor of the House of Representatives on Thursday, April 23, 1992, at a time to be determined by the Speaker, for the purpose of being honored for winning the state crown.
Be it further resolved that a copy of this resolution be presented to the Lady Rams basketball team of Westside High School of Anderson.
The Resolution was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: A BILL TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.
H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.
Rep. HODGES explained the Bill.
H. 4265 -- Reps. Kempe, Beatty and Clyborne: A BILL TO AMEND SECTION 18-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME AND MANNER AN APPEAL MUST BE TAKEN FROM A MAGISTRATE OR MUNICIPAL COURT, SO AS TO DELETE REFERENCES TO THE RECORDER OR JUDGE OF THE MUNICIPAL COURT.
Rep. KEMPE explained the Bill.
H. 4133 -- Reps. Corning, Rudnick and Wilder: A BILL TO AUTHORIZE SHOPPING CENTERS AND BUSINESS OR COMMERCIAL ESTABLISHMENTS WHICH PROVIDE HANDICAPPED-ONLY PARKING SPACES ON PRIVATE PROPERTY TO ISSUE UNIFORM CITATIONS FOR VIOLATIONS OF THE USE OF SUCH PARKING SPACES, IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
Rep. BAXLEY explained the Bill.
The following Bill was taken up.
H. 3097 -- Reps. Baxley, Wilder, Manly, Whipper, Burch, Corning, Quinn, Wells and Waites: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.
Rep. BAXLEY explained the Bill.
Rep. McTEER raised the Point of Order that H. 3097 was out of order as it did not have a fiscal impact statement attached.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 4076 -- Reps. Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 1, 1992, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, APRIL 1, 1992, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES OR AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Easter Seal Society Guests and distinguished party were escorted to the rostrum.
The President of the Senate recognized Rep. WILDER, who introduced the honored guests as follows:
"Mr. Speaker, members of the General Assembly, our guests today in the balcony and all around the room...It is a personal privilege again this year to represent the Joint Committee for the Disabled along with those involved in the Easter Seal Society, to recognize the State Easter Seal Representatives that you see up front. Of course, at the same time, the endorsement many of you have by the wearing of the button here today, the Buc-A-Cup Coffee Day, which will be this year on Good Friday, April 17. Before we proceed any further, I would like Sen. Giese to come and read a message from the Governor."
Senator Giese read the message as follows:
"Mr. President and honored guests, members of the Legislature...This message is from Governor Carroll A. Campbell, Jr. who is over in Munich, I understand, attempting to get some large industry to come here and he couldn't be here and he sent this message to you, 'Please convey to your special guests and attenders my special regret that I am unable to join you for the 40th Annual State Buc-A-Cup Kick off. I was honored by your invitation. The Easter Seal Society, South Carolina Law Enforcement professionals and restaurant owners across the state have created a formidable team dedicated to improving the quality of life of those with special needs. Thousands of our citizens have learned new skills and have been able to see beyond their personal challenges thanks to the many South Carolinians who generously support the Buc-A-Cup program. Please be assured of my personal support for your efforts and do not hesitate to contact me if I may be of assistance to you in the future.' Signed by Carroll Campbell, Governor. Thank you."
Rep. WILDER continued to address the Joint Assembly:
"This year marks, as you heard in that letter, the 40th Annual Buc-A-Cup Day for Easter Seals. We have with us today the person who originated the idea of the Buc-A-Cup button, some 35 years ago, Mr. W. C. Hunter. Mr. Hunter is the Chairman of the Easter Seal Society. I would like to, since I don't get an opportunity but once a year to do this, briefly introduce the members of our Joint Committee for the Disabled, on the House side, in addition to myself, Rep. Sarah Manly, Rep. Mike Baxley, on the Senate side, Sen. Isadore Lourie, Sen. Sherry Martschink, Sen. John Matthews. The Governor's appointees are Commissioner Joe Dusenbury, Ms. Betty Easler who is the Executive Director of the Developmental Disabilities Council, Dr. Richard Ferrante, who is with the University Affiliated Programs. Evelyn Evans is our Executive Director. I want to recognize here with us today, Herman L. Shealy, Jr. who is the Executive Director of the Easter Seal Society, the Buc-A-Cup Coordinator, Mr. Charles Larosa, Jr., the State Easter Seal President, Patti Just Long, the State Campaign Chairperson, and is Allen Corbett here? I don't believe so. He has been responsible for some very successful drives in recent years. In addition, working very closely with Easter Seals, are members of the Law Enforcement Officers' Association and the Restaurant Association. Together, last year, now listen to this, it started right here on a day just a year ago, they raised $628,300 through this program. And naturally we are going to raise it a little bit and make it $630,000 this year at least. With us, from the Law Enforcement Association, I would like to recognize Sheriff David Stone, John Caudle, II, the Executive Director, and Major Larry Mixson with the Highway Patrol, the Buc-A-Cup Chairman. Thank you. With the Restaurant Association, Rudy Fleishhacker, the State President, Harold Corley, the Buc-A-Cup Project Chairman, and Thomas Sponseller, the Executive Director. Thank you. Others here today, I want to welcome, the Chairman of the Inmate Advisory Council of the Department of Corrections, Michael Aice. I want to mention Michael, because his group last year raised $35,000 single handedly. Now, the Easter Seal annually serves thousands of our citizens, both children and adults, with numerous types of disabilities. Each year, several of these individuals are chosen to publicly represent the population of our state served by Easter Seals. Nominations are received from throughout the state and those selected as State Representatives are featured in many of the special events, special activities and special publications. You see these young people with us here today with their parents and their attendants. So, it is an honor to recognize the State Easter Seal Representatives and their families here today and I know you join me in that. I would like first to recognize Senator Carmichael and Representative Jean Harris to come and introduce their representative from their area."
Rep. J. HARRIS introduced the guest as follows:
"I would like to introduce to you today, Senator Carmichael and I would, Rebecca Caroline Baker. She is the nine year old daughter of Mr. and Mrs. Pete Baker of Cheraw. Rebecca has been diagnosed with cerebral palsy. Easter Seal has provided financial assistance in obtaining a wheel chair and two walkers for Rebecca as well as providing summer occupational therapy. Rebecca enjoys swimming and manuvers herself well in water. She also loves school and being around her many friends. Rebecca states, however, that her best friend is her dog named Sugar. Rebecca's parents are grateful that an experienced, caring organization such as Easter Seals is just a phone call away and they are ready to assist any parent of a child with a disability. The Bakers and I go to the same church in Cheraw and the highlight of my week is to have her meet me with her beautiful smile each Sunday morning. We are so pleased to have them with us today."
Rep. WILDER recognized Rep. WELLS and Senator Russell to present our next guest.
Senator Russell introduced the guest as follows:
"Representative Wells and myself have a very distinct pleasure today to introduce to you once again, Scott Carter, who is from Spartanburg. Scott, I think, has been here once before back in 1984, I believe. I served back then when he came. Scott is an amazing individual, 23 years ago he was told at his birth and his parents were told that he had cerebral palsy and that he could expect a rather diminished life style the rest of his life so to speak. Well, Scott is amazing. He proved them wrong. Scott has had a very full life, a very amazing life and has done many things. I'm going to let Representative Wells tell you about some of those things."
Rep. WELLS addressed the Joint Assembly as follows:
"We are privileged to have Scott here with us today. Scott is a graduate of McCarthy School and is employed as an extension assistant with the National Beta Club at Spartanburg. Through Easter Seals, Scott has received walkers, braces, wheel chairs and hearing aids. These appliances have helped Scott to learn to be a more independent person and in doing that, Scott is a true sport enthusiast. He has already accomplished the wins of over 100 special ribbons in the Special Olympics. In other special programs during the past 17 years, his friends, family and coworkers say Scott is the perfect definition of a real champion. In addition, Scott served as our State Easter Seal Representative in 1984. We welcome Scott back as our adult representative this year."
Rep. WILDER recognized Rep. J. BROWN and Senator Patterson to present our next guest.
Rep. J. BROWN introduced the guest as follows:
"Thank you...To the President of this Joint Assembly and to certainly members as well as distinguished visiting guests, parents, relatives, etc. Today, Senator Patterson and I are very pleased because we know that we have someone that is very precious. She is precious in our community, precious to her family, this beautiful young lady that is right here at this time, Miss Shanika Livingston, who is the five year old daughter of Cynthia Livingston, her mother is here with us, of Columbia, South Carolina. Shanika has a diagnosis of developmental delay. She was first referred to the Rose M. Lowe Easter Seal Center in 1988, where she currently receives physical, occupational and speech therapy. Shanika's physical therapist describes her as a very bright and intelligent little girl who has a positive outlook on life and a great deal of potential. Shanika likes to go bowling and loves to play with her barbie dolls and barbie cars. The first thing that she said to me today, I want my marshmallows. And so we are looking for those marshmallows for her now. We are so pleased that she comes this year as a State Easter Seal Representative that comes out of Senate District 19 and House District 73. Thank you."
Rep. WILDER recognized Rep. ALTMAN and Senator Hinds to present our next guest.
Senator Hinds introduced the guest as follows:
"Thank you, Mr. Chairman...We, in Georgetown, have what we consider something of a special interest in the Buc-A-Cup activities. Mr. Hunter, who was introduced to you earlier, was operating The Gator Drive-in Restaurant in Georgetown when he conceived the idea of the Buc-A-Cup. We have always followed this very closely and always felt that Mr. Hunter was one our most distinguished citizens down there. It is my pleasure, now, and I'm sure that of Representative Altman, who will speak to you in just a minute, to introduce to you, Jason Marozas. Jason is accompanied by his father and mother, Mr. and Mrs. Marvin Marozas and his older brother, Michael. Jason has been diagnosed with mild cerebral palsy. He has a leaning disability, mild attention deficit and vision deduction. In addition to that, he has had a tracheotomy when he was five months old to allow him to breathe. When he grows up, I certainly know that he is going to be able to pronounce that better that I did. Linwood Altman now has some additional information about this young man that he would like to tell you."
Rep. ALTMAN addressed the Joint Assembly as follows:
"Thank you, Doug...As you can see, Jason is a very active and personable young man. He looks like he is ready to participate in this 100 percent and I'm sure he would if he got the chance. Jason is real active in all the fine programs that sponsored by the Georgetown Easter Seals Society down in Georgetown County. And he is active in the Hugs Program, horseback riding. He also has a foot in the soccer field. And on the tee ball set, he is known as the Babe Ruth of the tee ball set. We are certainly glad to have him here today along with the family. It is a real pleasure."
Rep. WILDER recognized Rep. BARBER and Senator Martschink to present our next guest.
Senator Martschink introduced the guest as follows:
"Members of the Joint Assembly...I know that we have got a smart child here to introduce because he is scared to death of Representative Barber. He has been pushing him away. I want to spell his name as I introduce him to you. He is Nathaniel Martin Miranda from Charleston. The N in Nathaniel stands for needs. His needs are being met at the Charles Webb Easter Center in Charleston where he attends Developmental Pre-School and he received therapy services. The A in Nathaniel stands for angelman syndrome. That is a genetic disorder that causes global developmental delays and extreme communication deficits. The T is for tub because I understand that Nathaniel loves to play in the bathtub and he also enjoys watching Disney movies. H is for a part of him that you can't see, his heart. I understand that is the biggest part of this cute little four year old who has a ten year old brother and a five month old brother. A is for active and if you have been watching him over there, you'll know that he is an active four year old. He also loves to play on riding toys. The N stands for now. It is now that he and all of these other South Carolinians need our help and support. I is for inspiration. This young fellow is quite an inspiration as you see him bouncing around the chamber. E is for exceptional and that is descriptive of the gains he has made at the Charles Webb Center. L is for love. That is what he has received from his parents, Rev. and Mrs. George Miranda. We are glad to have you here with us today."
Rep. WILDER recognized Rep. Stoddard and Senator Bryan to present our next guest.
Senator Bryan introduced the guest as follows:
"Thank you, Mr. President, ladies and gentlemen of the Joint Assembly...This is Magen Elizabeth Rice. Representative Stoddard and I are proud to introduce her to you. She is the three year old daughter of Mrs. Mary Rice of Laurens. Magen has been diagnosed with spastic cerebral palsy and must use a walker. She attends kindergarten at Pleasantview School and Easter Seal has loaned Magen equipment and assisted her family in obtaining the appropriate services. She loves exercising in her walker, meeting other children and looking at books. She loves to meet people period. She has become friends with everyone that has walked by her today. She is very active and energetic and has not allowed her disabilities to deter her. She has the determination to become a more independent person. She is a lovely young lady and she will be four years old in a few weeks. She has recently had surgery and that is why she is in the wheel chair today. She is waiting to get back in her walker and she doesn't like the wheel chair. She is too active for it as you can see. We are glad to have you in the General Assembly today, Magen."
Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:38 P.M. the House resumed, the SPEAKER in the Chair.
Rep. G. BROWN moved that the House recede until 2:15 P.M.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baxley Bennett Brown, H. Bruce Burch, K. Carnell Cato Chamblee Cobb-Hunter Council Delleney Elliott, D. Elliott, L. Farr Foster Hallman Harrelson Harris, P. Hodges Holt Houck Inabinett Jaskwhich Kennedy Keyserling Kirsh Lanford Littlejohn Manly Martin, L. McAbee McGinnis Phillips Rhoad Riser Ross Rudnick Sharpe Shirley Smith Sturkie Townsend Wells Whipper White Wilder Williams, D.
Those who voted in the negative are:
Bailey, G. Beasley Boan Brown, G. Byrd Clyborne Cooper Corbett Corning Fair Gentry Gonzales Harrison Harwell Haskins Hyatt Jennings Keegan Kempe Kinon Klapman Marchbanks Martin, D. Martin, M. McCraw McTeer Meacham Quinn Scott Sheheen Shissias Stoddard Stone Taylor Tucker Waites Wilkes Wilkins Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4629 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. CHARLES ALLEN EVANS OF ANDERSON COUNTY ON THE JOYFUL OCCASION OF THEIR FIFTY-EIGHTH WEDDING ANNIVERSARY AND WISHING THEM MANY MORE YEARS OF HAPPINESS TOGETHER.
H. 4645 -- Reps. Rudnick, Rogers, Quinn, Smith, Sharpe, Altman, Waites, Stone, Jennings, J. Harris, Scott, Shissias, J. Brown, Corning, Foster, Taylor, Wilder and L. Martin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LLOYD HENDRICKS OF COLUMBIA, RETIRED EDUCATOR AND CIVIL SERVICE EMPLOYEE WITH THE UNITED STATES DISTRICT COURT, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4646 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING SHERIFF WILLIAM A. JOLLY OF UNION COUNTY UPON BEING CHOSEN "SHERIFF OF THE YEAR" FOR 1991 DURING THE SOUTH CAROLINA SHERIFFS' ASSOCIATION'S QUARTERLY MEETING, MARCH 19, 1992.
H. 4647 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING AND SALUTING RUTH HINNANT CHANDLER OF DARLINGTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
H. 4655 -- Reps. Baxley, Neilson and Beasley: A CONCURRENT RESOLUTION TO COMMEND MR. MARION J. GOODSON, COURT CRIER AND CHIEF BAILIFF OF THE DARLINGTON COUNTY FOURTH CIRCUIT COURT, FOR HIS TRULY OUTSTANDING SERVICE IN THIS CAPACITY FOR ALMOST TWENTY-FIVE YEARS.
H. 4661 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING DR. R. BROOKS SCURRY AND DR. JOHN "JACK" SCURRY FOR THEIR OUTSTANDING DEVELOPMENT OF STONEY POINT GOLF CLUB IN GREENWOOD COUNTY -- A RECREATIONAL GEM FOR THE STATE OF SOUTH CAROLINA.
At 12:40 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Mrs. Ruth Murphy, to meet at 10:00 A.M. tomorrow.
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