South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

TUESDAY, APRIL 14, 1992

Tuesday, April 14, 1992
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God and Father, we thank You for the privilege which is ours "to pray without ceasing". Cause us to pray more and to worry less, knowing that worry is interest paid on trouble before it is due and that no person ever sank under the burden of the day - it is when tomorrow's burden is added to today's that often the weight becomes more than he can bear. For all the hills we have to climb, for all the stones that bruise our feet; for the vicious storms and intense struggles, for the blood, the sweat and grime - give us, good Lord, grateful hearts for these are the things that make us strong.

Amen

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

SPECIAL PRESENTATION

Rep. FELDER presented the Calhoun Academy "Lady Cavaliers" basketball team, winners of the South Carolina Independent School Association Class AAA State Championship and its coach.

SPECIAL PRESENTATION

Rep. STONE presented representatives from the surviving members of the Doolittle Raiders.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1495
Promulgated By Department of Highways and Public Transportation Chapter No. 63
Outdoor Advertising
Received By Speaker April 9, 1992
Referred to House Committee on Education and Public Works
120 day review expiration date August 7, 1992

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., April 9, 1992
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 660:
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., April 9, 1992
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it confirmed the Governor's appointment of:

Appointment, Richland County Master-in-Equity, with term to expire April 30, 1997:

Initial Appointment under Act 768 of 1988

Mr. Joseph M. Strickland, Richland County Judicial Center, 1701 Main Street, Columbia, South Carolina, 29201

Very respectfully,
President
No: 021

Received as information.

S. 554--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 9, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 554:
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.
and asks for a Committee of Conference and has appointed Senators Pope, Bryan, and Russell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 139

Whereupon, the Chair Appointed Reps. BAXLEY, BEATTY and RUDNICK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

SENATE AMENDMENTS CONCURRED IN

The Senate returned to the House with amendments the following:

H. 4597 -- Rep. Fair: A CONCURRENT RESOLUTION "TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE CHAMBERS DECEMBER 3 AND 4, 1992, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM."

Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

"That the members of the General Assembly authorize the Young Men's Christian Association to use the Senate and House Chambers Thursday, December 3, 1992, and Friday, December 4, 1992, 8:30 a.m. to 5:00 p.m. to conduct a Youth in Government program. No charge may be imposed for the use of the chambers by the Young Men's Christian Association for this purpose and such use must be in strict accordance with the policy of the respective chamber."

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 3044--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.

Rep. BOAN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\JIC\6475.HC), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting the provisions of H.4500 as passed by the House with the following changes:

References are to H.4500 as passed by the House of Representatives.

(1)     Paragraph 9.5, Part I, page 74, is deleted;

(2)     Paragraph 119.7, Part I, page 708, is deleted;

(3)     Paragraph 129.64, Part I, page 757, is added to read:
/129.64.     Notwithstanding any other provisions of law, from July 1, 1992, through June 30, 1993, the three cents a gallon tax on gasoline and other motor fuels imposed pursuant to Article 13, Chapter 27, Title 12 of the 1976 Code is imposed for the purpose of providing revenue for the general operation of State government. All revenue from the tax during this period must be credited to the general fund of the State and to the extent required must be used first to fund the required replenishment of the General Reserve Fund for the current fiscal year and secondly to retire the Hugo note. So much of the existing SHIMS Fund balance as necessary must be used to maintain the required balance in the Economic Development Account./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1418 -- Senator Pope: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND THE FRONT STEPS OF THE STATE HOUSE ON FRIDAY, JUNE 19, 1992, FOR ITS ANNUAL LEGISLATIVE DAY ACTIVITY.

Be it resolved by the Senate, the House of Representatives concurring:

That Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives and the front steps of the State House on Friday, June 19, 1992, from 9:00 a.m. to 4:30 p.m., for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22 - 24, 1992, AND THE BLATT BUILDING OCTOBER 21 - 22, 1992, FOR ITS ANNUAL MEETING.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4720 -- Reps. Anderson, Carnell, Whipper, P. Harris, Scott, Taylor, Byrd, Glover, Canty, Beatty and Inabinett: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO FIVE AND ONE-HALF MILLS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE USED FOR CERTAIN PURPOSES INCLUDING MEDICAID AND MENTAL RETARDATION PURPOSES; AND TO AMEND SECTION 44-7-84, AS AMENDED, RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME BEDS AND FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ASSESS A DAILY SEVENTY-FIVE CENTS A BED FEE ON ALL NURSING HOME BEDS EXCEPT BEDS OWNED OR OPERATED BY THE STATE AND INSTITUTIONAL NURSING HOME BEDS, TO REQUIRE THE FEES TO BE REMITTED BY NURSING HOMES FIFTEEN DAYS BEFORE THE END OF THE FISCAL QUARTER, TO PROVIDE A PENALTY OF ONE HUNDRED DOLLARS FOR EACH DAY A QUARTERLY ASSESSMENT IS IN ARREARS AND TO ALLOW DHEC TO WAIVE OR REDUCE THE PENALTY, AND TO PROVIDE THAT NURSING HOMES ASSESSED THE FIVE DOLLAR A PATIENT DAY ADMINISTRATIVE FEE SHALL CONTINUE TO PAY THAT ASSESSMENT THROUGH SEPTEMBER 30, 1992.

Referred to Committee on Ways and Means.

H. 4721 -- Reps. J. Bailey, Wilkins, Scott, Gonzales, Huff, Rama, D. Elliott, Fulmer, R. Young and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

Referred to Committee on Ways and Means.

H. 4722 -- Rep. Harrelson: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A SCREENING COMMITTEE OF MEMBERS OF THE GENERAL ASSEMBLY AND NONLEGISLATORS TO SCREEN CANDIDATES FOR JUDGESHIPS AND DESIGNATED APPOINTEES TO THE STATE WORKERS' COMPENSATION COMMISSION, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Judiciary.

H. 4723 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Referred to Committee on Ways and Means.

H. 4724 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 14-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS KEPT BY CLERKS, SECTION 15-35-520, RELATING TO ENTRIES IN ABSTRACT OF JUDGMENTS, AND SECTION 15-35-540, RELATING TO DOCKETING TRANSCRIPTS WITH CLERKS OF COURT, SO AS TO INCLUDE THE SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE PARTY AGAINST WHOM JUDGMENT IS ENTERED.

Referred to Committee on Judiciary.

H. 4725 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-459 SO AS TO PROVIDE FOR INSURANCE RATING TERRITORIES FOR PRIVATE PASSENGER AUTOMOBILES.

Referred to Committee on Labor, Commerce and Industry.

H. 4726 -- Rep. McTeer: A BILL TO AMEND SECTION 56-5-4110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOADS AND COVERS ON VEHICLES, SO AS TO PROVIDE THAT VEHICLES CARRYING PULPWOOD OR LOGS MUST USE CARGO SECUREMENT CHAINS.

Referred to Committee on Education and Public Works.

H. 4727 -- Reps. Beasley, Wright, Rama, Felder, Wofford, Keegan, McCraw, Baxley, H. Brown, P. Harris, Smith, Nettles, Wilder, McLeod, Hendricks, Council, Townsend, Phillips, A. Young and G. Brown: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING LOBBYISTS AND LOBBYING, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 17 OF TITLE 2, AND TO LIMIT THE DEFINITION OF "LOBBYIST'S PRINCIPAL" TO THOSE BRANCHES AND AGENCIES OF GOVERNMENT TO WHICH A PERSON HAS AUTHORIZED A LOBBYIST TO LOBBY; TO AMEND SECTIONS 2-17-20, AS AMENDED, AND 2-17-25, RELATING TO THE REQUIREMENT THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS REGISTER WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT A LOBBYIST PRESENT TO THE SECRETARY OF STATE WITH HIS REGISTRATION FEE A COMMUNICATION REFLECTING THE AUTHORITY OF THE REGISTRANT TO REPRESENT THE PERSON BY WHOM HE IS EMPLOYED, APPOINTED, OR RETAINED AND REQUIRE LOBBYISTS AND LOBBYIST'S PRINCIPALS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY IN WHICH LOBBYISTS WILL BE AUTHORIZED TO ENGAGE IN LOBBYING ON BEHALF OF THE LOBBYIST'S PRINCIPALS; TO AMEND SECTION 2-17-45, RELATING TO THE REQUIREMENT THAT AN ENTITY WHICH RANKS OR RATES THE ACTIONS, VOTE, OR FAILURE TO ACT OR VOTE, OF THE GOVERNOR, THE LIEUTENANT GOVERNOR, A MEMBER OR COMMITTEE OF THE GENERAL ASSEMBLY AS TO ANY ACTION OR FAILURE TO ACT OR VOTE BY THESE PUBLIC OFFICIALS FILE A REPORT WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT THE REPORT CONTAIN EACH MEMBER OF THE ENTITY WHO IS A MEMBER OF THE GENERAL ASSEMBLY AND EACH MEMBER OF THE ENTITY WHO IS A LOBBYIST OR LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-60, AS AMENDED, RELATING TO THE DUTIES OF THE SECRETARY OF STATE UNDER THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE HIM TO ISSUE ADVISORY OPINIONS IN ALL MATTERS AFFECTING THIS CHAPTER; TO AMEND SECTIONS 2-17-80, 2-17-90, AND 2-17-110, RELATING TO THE PROHIBITION AGAINST A LOBBYIST OR LOBBYIST'S PRINCIPAL SOLICITING, FACILITATING, OR PROVIDING LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, BEVERAGE, MONEY, OR ANYTHING OF VALUE TO CERTAIN PUBLIC OFFICIALS, AND THE PROHIBITION AGAINST A LOBBYIST, A LOBBYIST'S PRINCIPAL, OR A PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL FROM OFFERING, FACILITATING, OR PROVIDING A LOAN TO OR ON BEHALF OF CERTAIN PUBLIC OFFICIALS, SO AS TO DELETE THE REFERENCES TO "FACILITATE" AND "PUBLIC EMPLOYEE"; TO AMEND SECTION 2-17-150, RELATING TO THE STATUTE OF LIMITATIONS ON A VIOLATION OF THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HAVE EXCLUSIVE JURISDICTION TO PROSECUTE VIOLATIONS UNDER THIS CHAPTER; TO AMEND SECTION 8-13-100, RELATING TO DEFINITIONS REGARDING ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 13 OF TITLE 8; TO AMEND SECTION 8-13-320, RELATING TO THE POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT ADVISORY OPINIONS OF THE COMMISSION ARE BINDING ON IT IN ANY SUBSEQUENT CHARGES CONCERNING OTHER PERSONS WHO REASONABLY RELIED UPON AN ADVISORY OPINION IN GOOD FAITH; TO AMEND SECTIONS 2-17-100 AND 8-13-715, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE RECEIVING ANYTHING OF VALUE FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP WHILE ACTING IN AN OFFICIAL CAPACITY, SO AS TO DELETE REFERENCES TO "PUBLIC EMPLOYEE" AND AUTHORIZE THESE PERSONS TO HAVE PAYMENTS MADE ON THEIR BEHALF FOR ACTUAL EXPENSES INCURRED FOR A SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-740, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OR CERTAIN PERSONS WITH WHOM THESE PERSONS ARE ASSOCIATED FROM KNOWINGLY REPRESENTING ANOTHER PERSON BEFORE A GOVERNMENTAL ENTITY, SO AS TO CLARIFY THE PROVISIONS THAT PROHIBIT THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OF A COUNTY OR MUNICIPALITY FROM KNOWINGLY REPRESENTING A PERSON BEFORE ANY AGENCY UNIT OR SUBUNIT OF THAT COUNTY OR MUNICIPALITY; AND TO AMEND SECTION 8-13-1312, RELATING TO THE PROHIBITION AGAINST A CANDIDATE ESTABLISHING MORE THAN ONE CAMPAIGN CHECKING ACCOUNT AND ONE SAVINGS ACCOUNT, SO AS TO AUTHORIZE THE CANDIDATE TO ESTABLISH MORE THAN ONE CAMPAIGN SAVINGS ACCOUNT WHICH MUST BE REPORTED PURSUANT TO THE PROVISIONS OF SECTION 8-13-1360.

Referred to Committee on Judiciary.

H. 4728 -- Rep. Keegan: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO REQUIRE THE COUNTY ASSESSOR TO NOTIFY THE OFFICIAL IMPLEMENTING THE RECORDING ACT IN THE COUNTY OF PROPERTY WHICH QUALIFIES FOR AGRICULTURAL USE VALUATION AND TO REQUIRE THE OFFICIAL TO NOTE ON THE RECORDED DEED THAT THE PROPERTY IS RECEIVING AGRICULTURAL USE VALUATION AND A CHANGE IN USE CREATES A ROLLBACK TAX LIABILITY.

Referred to Committee on Ways and Means.

H. 4729 -- Rep. Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 36-2-329 SO AS TO PROVIDE FOR PAYMENT OF INTEREST AT THE LEGAL RATE UPON THE UNPAID BALANCE OF AN ACCOUNT FROM THE DATE OF SALE OR SERVICE IF THERE IS NO WRITTEN AGREEMENT FOR THE APPLICABLE INTEREST RATE.

Referred to Committee on Labor, Commerce and Industry.

H. 4730 -- Reps. L. Martin, T.C. Alexander, Boan, Hyatt and Kirsh: A BILL TO AMEND SECTION 40-59-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROVIDE THAT WHEN AN UNDERTAKING BY A RESIDENTIAL SPECIALTY CONTRACTOR EXCEEDS FIVE THOUSAND DOLLARS, HE SHALL NOT BE REQUIRED TO BE LICENSED AS A RESIDENTIAL BUILDER IN ORDER TO PERFORM WORK WITHIN THE SPECIALTY CLASSIFICATION OR CLASSIFICATIONS FOR WHICH HE IS REGISTERED OR CERTIFIED; TO AMEND SECTION 40-59-75, RELATING TO REGISTRATION OF RESIDENTIAL SPECIALTY CONTRACTORS, FEES, AND CERTIFICATION, SO AS TO PROVIDE THAT AN APPLICANT FOR CERTIFICATION IN A SPECIALTY CLASSIFICATION OR CLASSIFICATIONS SHALL BE DULY CERTIFIED BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION WITHOUT EXAMINATION UPON PAYING THE REQUIRED ANNUAL FEE AND SUBMITTING TO THE COMMISSION AN AFFIDAVIT SHOWING THAT ON OR BEFORE JULY 1, 1990, HE OPERATED HIS OWN BUSINESS IN THE SPECIALTY CLASSIFICATION OR CLASSIFICATIONS FOR WHICH HE IS APPLYING; TO PROVIDE FOR TEMPORARY FEES WHICH MUST BE CHARGED BY AND PAID TO THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION UNTIL THE COMMISSION ESTABLISHES FEES BY REGULATION; AND PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MAY NOT INCREASE OR EXTEND THROUGH EMERGENCY REGULATIONS SAID TEMPORARY FEES UNTIL AFTER ITS REGULATIONS HAVE BEEN PROMULGATED AND APPROVED IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4731 -- Reps. Kirsh, Sharpe and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-110 SO AS TO ALLOW A PUBLIC WATER SUPPLY TO RECOVER THE COST OF USER FEES FROM ITS CUSTOMERS WITHOUT BEING SUBJECT TO APPROVAL BY THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 44-55-90, RELATING TO PENALTIES AND INJUNCTIVE RELIEF UNDER THE STATE SAFE DRINKING WATER ACT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSESS A PENALTY FOR LATE OR NONPAYMENT OF FEES ASSESSED FOR COLLECTING SAMPLES AND CONDUCTING ANALYSES; AND TO AMEND SECTION 44-55-100, RELATING TO POWERS OF THE DEPARTMENT TO CARRY OUT THE SAFE DRINKING WATER ACT, SO AS TO AUTHORIZE USER FEES FROM PUBLIC WATER SUPPLIES BASED ON SERVICE CONNECTIONS.

Referred to Committee on Ways and Means.

H. 4732 -- Reps. Wilkins, Corning, Gonzales, Harvin, Haskins, Kempe, Kirsh, Quinn, Smith, Vaughn, Wilkes, Wright and R. Young: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 21 SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT".

Referred to Committee on Labor, Commerce and Industry.

H. 4733 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.

Referred to Committee on Ways and Means.

H. 4734 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-761 SO AS TO PROHIBIT A MOTOR VEHICLE INSURER FROM ASSESSING OR IMPOSING A SURCHARGE ON ITS INSURED AS THE RESULT OF A MOTOR VEHICLE ACCIDENT WHEN THE INSURED OR OTHER OPERATOR HAS NOT BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT, UNLESS THE INSURER PAYS A CLAIM FOR DAMAGE IN CONNECTION WITH THE ACCIDENT.

Referred to Committee on Labor, Commerce and Industry.

H. 4735 -- Rep. Lanford: A BILL TO AMEND SECTION 17-5-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO REMOVE A DEAD BODY, SO AS TO INCLUDE THE CORONER OR DEPUTY CORONER AMONG THOSE WHO MAY AUTHORIZE REMOVAL.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4736 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-245 SO AS TO AUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS TO ISSUE A SPECIAL LICENSE TO QUALIFYING DOCTORS OF MEDICINE WHO ARE RETIRED, MEET CERTAIN LICENSING QUALIFICATIONS, ARE EMPLOYED BY PUBLIC AGENCIES OR INSTITUTIONS OR NOT-FOR-PROFIT ENTITIES WHICH PROVIDE MEDICAL SERVICES ONLY TO INDIGENT PATIENTS IN MEDICALLY UNDERSERVED OR CRITICAL-NEED AREAS, AND WHO AGREE TO FOREGO MONETARY COMPENSATION FOR THE PROVISION OF SUCH SERVICES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS AND FOR RELATED MATTERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 4738 -- Reps. Hyatt, Meacham and Kirsh: A BILL TO AMEND SECTION 24-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY COUNTY CORRECTIONAL WORK PROGRAMS FOR PRISONERS, SO AS TO REQUIRE COUNTIES TO IMPLEMENT SUCH PROGRAMS AND TO REQUIRE AT LEAST ONE-HALF OF THE PRISONERS INCARCERATED TO BE ENROLLED IN THE PROGRAM.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4739 -- Reps. Hyatt and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; AND TO ADD SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON WHO VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING.

Referred to Committee on Judiciary.

H. 4740 -- Rep. Cromer: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO ADD CHAPTER 48, "PHYSICIANS ASSISTANTS", TO PROVIDE DEFINITIONS, QUALIFICATIONS, AND LICENSING PROCEDURES, TO DEFINE THE SCOPE OF PRACTICE, TO PRESCRIBE REQUIREMENTS FOR SUPERVISION, AND TO PROVIDE FOR VIOLATIONS AND PENALTIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4741 -- Reps. Cromer and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-271 SO AS TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE BUDGET AND CONTROL BOARD SHALL EXAMINE THE COMPOSITION OF STATE AGENCIES' MOTOR VEHICLE FLEETS TO DETERMINE THE FEASIBILITY OF EMPLOYING A MIXTURE OF FULL-SIZE, INTERMEDIATE, AND COMPACT AUTOMOBILES TO ENSURE A MORE COST EFFICIENT STATE FLEET, AND TO PROVIDE THAT ALL NEW AUTOMOBILES PURCHASED BY THE STATE OF SOUTH CAROLINA AFTER JULY 1, 1993, MUST BE PRODUCTS OF AMERICAN BASED MANUFACTURERS.

Referred to Committee on Ways and Means.

H. 4742 -- Reps. Cromer and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-272 SO AS TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE BUDGET AND CONTROL BOARD SHALL NOT APPROVE THE PERSONAL ASSIGNMENT OF VEHICLES TO EXCEED ONE THOUSAND FORTY VEHICLES, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Ways and Means.

H. 4743 -- Reps. Cromer and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-273 SO AS TO PROVIDE THAT NO PERSONAL USE OF STATE-OWNED VEHICLES IS PERMITTED EXCEPT FOR COMMUTING PURPOSES UNDER UNAVOIDABLE CIRCUMSTANCES, TO REQUIRE REIMBURSEMENT TO THE STATE WHEN A STATE-OWNED VEHICLE IS USED FOR COMMUTING PURPOSES, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Ways and Means.

H. 4744 -- Reps. Foster, Scott, D. Martin, Harrelson, Cobb-Hunter, Wright, Inabinett, Rama, Vaughn, Riser, Holt, Glover, Kennedy, Boan, Kirsh, Baxley, L. Elliott, Baker, Haskins, T.C. Alexander, H. Brown, Anderson, McCraw, G. Brown, J. Brown, Byrd, Hyatt, Council, Cato, D. Williams, Whipper, Taylor, Beatty, Felder, Canty, Koon, Barber, Rogers, J. Bailey, Rhoad, Meacham, Waldrop, Hodges, P. Harris, Houck, McLeod and Beasley: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.

Rep. FOSTER asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. KLAPMAN objected.

Referred to Committee on Education and Public Works.

H. 4747 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-39-275 SO AS TO PROVIDE THAT PERSONAL PROPERTY BELONGING TO A TENANT REMOVED FROM A PREMISES AS A RESULT OF A COLLECTION OF RENT BY DISTRAINT PROCEEDING AND PLACED ON A PUBLIC STREET OR HIGHWAY MAY BE REMOVED BY THE APPROPRIATE MUNICIPAL OR COUNTY OFFICIALS AFTER A PERIOD OF FORTY-EIGHT HOURS.

Referred to Committee on Labor, Commerce and Industry.

S. 128 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-200 SO AS TO PROVIDE FOR THE OFFENSE OF TRANSPORTING AN ANIMAL UNDER INADEQUATE CONDITIONS AND IMPORTING OR EXPORTING A DOG OR CAT UNDER EIGHT WEEKS OF AGE WITHOUT ITS DAM AND PROVIDE PENALTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

S. 767 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ISSUE SPECIAL PERMITS, SO AS TO PROVIDE THAT FURBEARING ANIMALS CAUSING DAMAGE TO A PERSON'S HOME OR PROPERTY MAY BE CAPTURED WITHIN ONE HUNDRED YARDS OF THE HOME.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 769 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROHIBIT THE ABANDONMENT OF WILDLIFE CARCASSES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1084 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

Referred to Committee on Ways and Means.

S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.

On motion of Rep. WALDROP, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1205 -- Senator Drummond: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.

On motion of Rep. WALDROP, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1255 -- Senators Macaulay, Peeler and Giese: 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.

On motion of Rep. WALDROP, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1280 -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1383 -- Senators Robert W. Hayes, Jr., Stilwell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.

Referred to Committee on Judiciary.

S. 1389 -- Senators Mullinax, Nell W. Smith and Macaulay: A BILL TO AMEND SECTION 51-13-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT AND PROVIDE THAT IT SHALL BE KNOWN AS THE "PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION"; AND TO AMEND SECTION 51-13-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SO AS TO PROVIDE THAT THE COMMISSION IS EMPOWERED TO SUE AND BE SUED, ADOPT AND USE A CORPORATE SEAL, CHARGE ADMISSION FEES, AND PRESCRIBE RULES AND REGULATIONS WITH RESPECT TO ITS FACILITIES, PURPOSES, AND AFFAIRS, TO EMPLOY PERSONNEL, ACQUIRE PROPERTY, RECEIVE GRANTS, AND TO CONDUCT ACTIVITIES TO PROMOTE TOURISM.

On motion of Rep. P. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.

Referred to Spartanburg Delegation.

S. 1440 -- Senator Holland: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.

On motion of Rep. TUCKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1445 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NPDES PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1423, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. WALDROP, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.

Rep. BOAN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. BAKER objected.

Referred to Committee on Ways and Means.

S. 1453 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE FORESTRY COMMISSION, RELATING TO HUNTING AND FISHING REGULATIONS ON STATE FOREST LANDS ESTABLISHED AS WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. BENNETT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:

H. 4745 -- Reps. Cobb-Hunter, Haskins, Glover, Bennett, Kennedy, Inabinett, Byrd, Taylor, Council, Shissias, Kirsh, Wells, Canty, Beatty, Burch and Felder: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1992, "WORKERS MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1991, forty-seven workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That April 28, 1992, be commemorated as "Workers Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4746 -- Reps. Rhoad, Koon, Nettles, Neilson, Baxley, Jennings, Boan, Farr, Waldrop, M. Martin and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA FORESTRY COMMISSION TO ESTABLISH A FIELD TRIAL AREA IN CHESTERFIELD COUNTY ON SAND HILLS STATE FOREST.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Council                Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Glover                 Gonzales               Hallman
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Huff
Hyatt                  Inabinett              Jennings
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 14.

F.G. Delleney                     Juanita M. White
Larry E. Gentry
Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Rep. JASKWHICH a leave of absence for the week.

The SPEAKER granted Rep. CORBETT a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Louis E. Costa of Charleston is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 4712 -- Reps. Ross and T.C. Alexander: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN AN AMOUNT NOT EXCEEDING ONE MILLION DOLLARS BUT IN NO EVENT TO EXCEED ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISIONS FOR THE PAYMENT OF BONDS.

Rep. BAKER moved that the House do now adjourn.

Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Bennett
Boan                   Brown, J.              Burch, K.
Carnell                Clyborne               Council
Farr                   Foster                 Gonzales
Harrelson              Harvin                 Harwell
Hodges                 Holt                   Houck
Huff                   Inabinett              Jennings
Keyserling             Kinon                  Kirsh
Manly                  Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McGinnis               McKay                  Neilson
Nettles                Phillips               Rhoad
Rogers                 Ross                   Sharpe
Sheheen                Shirley                Smith
Snow                   Stoddard               Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wilder                 Williams, D.
Williams, J.           Young, R.

Total--59

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Brown, G.
Brown, H.              Byrd                   Canty
Cato                   Chamblee               Cobb-Hunter
Cooper                 Corning                Cromer
Elliott, L.            Felder                 Fulmer
Glover                 Hallman                Harris, J.
Harrison               Haskins                Hendricks
Hyatt                  Keegan                 Kennedy
Klapman                Lanford                Littlejohn
Marchbanks             McElveen               McTeer
Meacham                Quinn                  Rama
Riser                  Rudnick                Scott
Shissias               Sturkie                Taylor
Wells                  Whipper                Wilkes
Wofford                Wright                 Young, A.

Total--45

So, the motion to adjourn was agreed to.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. BAKER adjourned to meet at 10:00 A.M. tomorrow.

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