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:
O God, Whose presence is always near and Whose wisdom is infallible, deliver us from self-deception and self-righteousness, from confusing our own selfish desires and ambitions with Your holy will, from indifference and overconfidence, from fear and worry and all dread of the future, from an attitude of defeatism or of compromise with the forces of evil. Grant to us a full measure of wisdom and understanding, courage and strength, faith and charity to meet all the challenges of our day.
Keep us in tune with Your holy Word which says: "Only fear the Lord and serve Him faithfully with all your heart." (I Samuel 12:24a) 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.
The following was received.
May 6, 1992
The Honorable Robert J. Sheheen, Speaker
S. C. House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Bob:
The past 12 years have provided me with some unique experiences as I attempted to work in the best interest of the people of South Carolina. It is therefore, with a measure of consternation, I submit my resignation to the South Carolina House to be effective June 30, 1992.
Please know that I wish you well as you continue to lead a House which seems more than ever to be driven by divisiveness.
Sincerely,
SAMUEL R. FOSTER
Received as information.
The following was received and referred to the appropriate committee for consideration.
Document No. 1498
Promulgated By Board of Dentistry
Guidelines for Anesthesia
Received By Speaker May 7, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date September 4, 1992
The following was received.
Document No. 1461
Promulgated By Budget and Control Board
9-1-1 Local Emergency Telephone Services Systems
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 11, 1992
Withdrawn and Resubmitted May 8, 1992
Received as information.
The following was received.
Columbia, S.C., May 7, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Washington, Stilwell and Holland of the Committee of Conference on the part of the Senate on H. 3550:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Patterson, Giese and Land of the Committee of Conference on the part of the Senate on H. 4337:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 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 H. 3632:
H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 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. 1223:
S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WRIGHT moved that when the House adjourns it adjourn in memory of Christian Jon Nauman of Chapin, which was agreed to.
The following was received.
Columbia, S.C., May 12, 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. 794:
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 12, 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. 123:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
Ordered for consideration tomorrow.
The CONFERENCE COMMITTEE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Title 22, Chapter 5 of the 1976 Code is amended by adding:
Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle or to a violation of Title 50 or the regulations promulgated thereunder for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Senator Thomas H. Pope, III /s/Rep. Irene K. Rudnick /s/Senator James E. Bryan, Jr. /s/Rep. J. Michael Baxley /s/Senator John R. Russell /s/Rep. Donald W. Beatty On Part of the Senate. On Part of the House.
Rep. BAXLEY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 5, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on 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 has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 092
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was introduced:
H. 4833 -- Rep. R. Young: A HOUSE RESOLUTION TO REQUEST THE HOUSE ETHICS COMMITTEE TO INVESTIGATE THE REPORT THAT VOTES WERE CAST BY HOUSE MEMBERS ABSENT FROM THE CHAMBER AND TO REPORT ITS FINDINGS TO THE SPEAKER AND THE MEMBERS OF THE HOUSE.
Whereas, there has been a report that votes were cast on Tuesday, May 5, 1992, by three members of the House who were not present in the chamber when the vote was taken; and
Whereas, the members of the House of Representatives believe it is appropriate to investigate this matter. Now, therefore,
Be it resolved by the House of Representatives:
That the House Ethics Committee is requested to investigate the report that votes were cast on Tuesday, May 5, 1992, by certain House members who were absent from the chamber when the vote was taken and to report its findings to the Speaker and the members of the House.
Rep. R. YOUNG explained the Resolution.
Rep. SHISSIAS spoke in favor of the Resolution.
Rep. ROGERS spoke in favor of the Resolution.
Rep. WILDER spoke in favor of the Resolution.
Rep. SHEHEEN spoke in favor of the Resolution.
Reps. KLAPMAN and FELDER spoke in favor of the Resolution.
Rep. SHEHEEN moved to waive Rule 6.1, which was agreed to.
Reps. HENDRICKS and McELVEEN spoke upon the Resolution.
Rep. HUFF spoke in favor of the Resolution.
The SPEAKER granted Rep. HARVIN a leave of absence for the remainder of the day.
Rep. HUFF continued speaking.
Rep. HASKINS spoke in favor of the Resolution.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. HASKINS continued speaking.
The Resolution was then adopted.
The following was introduced:
H. 4834 -- Rep. Sheheen: A HOUSE RESOLUTION TO AMEND RULE 7.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO PROCEDURES FOR VOTING, SO AS TO PROVIDE A PROCEDURE FOR ADJUSTING VOTE TOTALS AND APPLICABLE ACTION ON A QUESTION WHEN A MEMBER HAS BEEN VOTED WHILE HE WAS ABSENT FROM THE CHAMBER AND TO PROVIDE THAT THIS MEMBER, IF HE HAS KNOWLEDGE OF THE IDENTITY OF WHO VOTED FOR HIM WHILE ABSENT, IS REQUIRED TO PRESENT THIS INFORMATION TO THE PRESIDING OFFICER WHO SHALL REFER IT TO THE ETHICS COMMITTEE FOR CONSIDERATION OF A RECOMMENDATION OF PUNISHMENT.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4835 -- Rep. Wilkes: A HOUSE RESOLUTION COMMENDING MR. T.M. COOK OF FAIRFIELD COUNTY FOR HIS THIRTY-FIVE YEARS OF OUTSTANDING DEVOTION TO EDUCATION AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1538 -- Senators Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO COMMEND DR. HAROLD W. MOODY OF SPARTANBURG FOR HIS DISTINGUISHED SERVICE AS A MEMBER AND AS CHAIRMAN OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE UPON HIS RETIREMENT FROM THE COMMISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was received.
Columbia, S.C., May 7, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3685:
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
and asks for a Committee of Conference and has appointed Senators Macaulay, Thomas and Mitchell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 142
Whereupon, the Chair appointed Reps. HARRISON, DELLENEY and J. WILLIAMS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4836 -- Reps. Wilkins, M. O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 12 to 0.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4837 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF HIGHWAY 31 LOCATED IN MCCORMICK COUNTY.
Referred to Committee on Invitations and Memorial Resolutions.
S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
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 Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White 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 Tuesday, May 12.
John Riser Morgan Martin
STATEMENTS OF ATTENDANCE
Rep. ROSS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 6.
Reps. MANLY and GONZALES signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 7.
Announcement was made that Dr. Gene F. Dickerson of Sumter is the Doctor of the Day for the General Assembly.
Rep. TUCKER moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Delleney Elliott, D. Foster Harrelson Harris, P. Hodges Holt Houck Jaskwhich Kennedy Kirsh McGinnis McKay Neilson Nettles Rhoad Rogers Scott Sharpe Smith Taylor Townsend Tucker White Williams, D. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Brown, H. Bruce Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Fair Farr Felder Fulmer Gentry Glover Gonzales Hallman Harris, J. Harrison Harwell Haskins Hendricks Huff Hyatt Jennings Johnson, J.C. Keegan Kempe Keyserling Kinon Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McTeer Meacham Phillips Rama Ross Rudnick Sheheen Shirley Shissias Snow Stone Sturkie Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. SNOW moved that the House recede until 3:00 P.M., which was adopted.
At 3:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. SCOTT, G. BROWN, KENNEDY, D. WILLIAMS, McLEOD, STODDARD, QUINN and BEASLEY a leave of absence for the remainder of the day.
The following was introduced:
H. 4838 -- Reps. Cobb-Hunter, Anderson, Beatty, J. Brown, Byrd, Canty, Foster, Glover, Inabinett, Kennedy, D. Martin, Scott, Taylor, Whipper, White, D. Williams, Bennett, Council, Felder, Phillips, McLeod, Smith, Shissias, Waites, Canty, Harrison, Riser, Wright, D. Elliott, Keegan, Harrelson and Rhoad: A HOUSE RESOLUTION TO WELCOME DR. KOSONIKI KOSO-THOMAS, VICE-CHANCELLOR OF THE UNIVERSITY OF SIERRA LEONE, UPON HIS VISIT TO SOUTH CAROLINA STATE COLLEGE AND TO RECOGNIZE HIM ON WEDNESDAY, MAY 27, 1992.
Whereas, Dr. Kosoniki Koso-Thomas is Vice-Chancellor of the University of Sierra Leone; and
Whereas, the University is composed of three institutions: Fourah Bay College, Njala University, and the Institute of Public Administration and Management; and
Whereas, as Vice-Chancellor, Dr. Koso-Thomas is the chief executive officer of the University of Sierra Leone and provides strategic leadership for those institutions; and
Whereas, the University of Sierra Leone is the only public institution of higher learning in Sierra Leone; and
Whereas, South Carolina State College has an exchange program with the University of Sierra Leone; and
Whereas, Dr. Koso-Thomas is visiting South Carolina State College and is the guest of Dr. Carl Wright of the School of Business. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives welcome Dr. Kosoniki Koso-Thomas, Vice-Chancellor of the University of Sierra Leone, upon his visit to South Carolina State College and wish to recognize him on Wednesday, May 27, 1992.
Be it further resolved that a copy of this resolution be forwarded to Dr. Koso-Thomas.
The Resolution was adopted.
The following was introduced:
H. 4839 -- Reps. Cobb-Hunter, Byrd, Smith, J. Brown, Shissias, Taylor, Waites, Harrison, Riser, Wright, Council, Keegan, Stoddard, Canty, Harrelson, Rhoad and D. Elliott: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FRANK L. CULBERTSON, SR., OF HOLLY HILL, SOUTH CAROLINA, FOR BEING SELECTED THE EDISTO HEALTH DISTRICT "VOLUNTEER PHYSICIAN OF THE YEAR".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1543 -- Senator McGill: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE TONEY GRAHAM, SR., OF WILLIAMSBURG COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4840 -- Rep. Snow: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT LINWOOD ALTMAN FOR HIS TRULY DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM GEORGETOWN COUNTY AND FOR MANY YEARS OF PUBLIC SERVICE IN OTHER CAPACITIES UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Whereas, the members of the General Assembly have learned with deep regret that one of the most respected and well-liked members of the House of Representatives, Representative Linwood Altman from Georgetown County, has announced his intention not to seek re-election to the House in 1992; and
Whereas, Linwood Altman first began his service in the House in 1979 and has served continuously since this date and without question his legislative career is one of the most remarkable in terms of effectiveness in the history of the House; and
Whereas, he is a native of Georgetown County and currently resides in Pawleys Island. Before and after becoming a member of the House, he did as much or more than anyone to preserve the beauty and uniqueness of Pawleys. He chaired the Board of Trustees of the Pawleys Island Chapel which is a landmark of the South Carolina Low Country, and he served as Director of the Pawleys Island Civic Association which worked for the preservation of Pawleys Island prior to its incorporation as a municipality. He also served his home county of Georgetown in many other varied capacities including Chairman of the County Planning Commission, as a member of the County Board of Education, and as a member of the County Recreation Commission. In recognition of his service as a local and state public official, he has received many awards and honors including being named Georgetown Jaycee of the Year and receiving the Brookgreen Medal in recognition of his contributions in helping to protect and preserve Brookgreen Gardens which is known internationally for having some of the world's most famous outdoor sculptures and flora; and
Whereas, when he became a member of the House of Representatives in 1979, he moved into his role as a state legislator with confidence and integrity. Linwood Altman is respected throughout the General Assembly as a quiet, forceful, and influential member who has been an effective voice for business, industry, and economic development in South Carolina while at the same time fairly considering all needs and concerns of the various constituents in South Carolina; and
Whereas, his efforts and hard work were rewarded with many considerable accomplishments. For example, as a member of the State Highway Commission and as Chairman of the Grand Strand Area Transportation Policy Committee, he played a key role in the establishment of the SHIMS Program and the construction of the Highway 521 corridor from the Grand Strand area of our State; and
Whereas, he also cares deeply about South Carolina's pristine environment and natural beauty. He played a major role in enacting into law the Beachfront Management Act and as a member of the Coastal Council and the Wildlife and Marine Resources Commission constantly sought to protect South Carolina's precious gifts for future generations; and
Whereas, in all his endeavors he has been supported by his lovely wife, Nancy, to whom he has been married thirty-seven years and with whom he raised three fine children; and
Whereas, South Carolina is a better place to live and work in part due to the unselfish contributions of this dedicated public servant and members of the General Assembly, by this resolution, on behalf of the people of Georgetown County and the State of South Carolina would like to publicly recognize and thank him for all that he has done as a state and local public official upon the occasion of his retirement from the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Robert Linwood Altman for his truly distinguished service as a member of the House of Representatives from Georgetown County and for many years of public service in other capacities upon his retirement from the South Carolina House of Representatives.
Be it further resolved that a copy of this resolution be presented to Representative Altman in the Hall of the House at a time to be determined by the Speaker.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. HARRIS moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
S. 1532 -- Senators Holland, Saleeby and Carmichael: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.
The following Bill was taken up.
H. 4751 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
Rep. SNOW moved to table the Bill, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.
The following Bill was taken up.
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 7, by Rep. CARNELL.
Rep. CARNELL moved to table the amendment, which was agreed to.
Reps. McABEE and CARNELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\8591.BD).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 61-5-185. A bona fide nonprofit organization or business establishment licensed for sales of alcoholic liquors in sealed containers of two ounces or less located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed four million dollars must be issued a permit under Section 61-5-180 upon application and payment of the filing and permit fees."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. D. ELLIOTT moved to adjourn debate upon the Bill until Wednesday, May 13, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
Rep. WILKES explained the Bill.
H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.
H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, Harrison, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
Rep. J. WILLIAMS explained the Bill.
S. 1503 -- Senator Martschink: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.
S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PHILLIPS explained the Joint Resolution.
S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PHILLIPS explained the Joint Resolution.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. BENNETT moved to adjourn debate upon the following Bill until Tuesday, May 26, which was adopted.
H. 4675 -- Reps. Beasley and Waites: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.
Rep. GENTRY moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.
Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
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.
Rep. FARR moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
H. 4610 -- Rep. Stoddard: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO A DEALER OR WHOLESALER REGARDLESS OF WHETHER OR NOT HE HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN SALES OF MOTOR VEHICLES WITHIN THE TWELVE-MONTH PERIOD PRECEDING HIS APPLICATION.
Rep. BAXLEY moved to adjourn debate upon the following Joint Resolution until Wednesday, May 13, which was adopted.
H. 4765 -- Reps. Quinn, Rogers, Rama, Koon, McKay, Harwell, Houck, Shissias, Sturkie, Hodges, Harrison, Corning, Cromer, Klapman, Haskins and Kirsh: A JOINT RESOLUTION TO REPEAL A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 350 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INCLUDE RIVER GRAVEL IN ASPHALT USED IN PROJECTS APPROVED BY BID.
The following Bill was taken up.
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Reps. WILKINS and HUFF proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12485.DW), which was adopted.
Amend the bill, as and if amended, in Section 27-5-130, as contained in SECTION 1, line 37, by striking /"/ and inserting:
/(D) This section modifies the common law and only applies to deeds executed after December 31, 1992."/
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Rep. GENTRY moved to adjourn debate upon the Bill until Wednesday, May 13, which was adopted.
The following Bill was taken up.
H. 4762 -- Reps. D. Elliott and M. Martin: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REEXAMINATION OF AN APPLICANT FOR A MECHANICAL CONTRACTOR'S LICENSE, SO AS TO AUTHORIZE THE LICENSING BOARD FOR CONTRACTORS TO ADMINISTER AN ORAL EXAMINATION UPON REQUEST OF AN APPLICANT.
Rep. M. MARTIN explained the Bill and moved to adjourn debate upon the Bill until Wednesday, May 13, which was adopted.
The following Bill was taken up.
S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.
Rep. PHILLIPS explained the Bill and moved to adjourn debate upon the Bill until Wednesday, May 13, which was adopted.
The following Bill was taken up.
H. 4298 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-195 SO AS TO PROVIDE THAT A LICENSED PHYSICIAN MAY NOT REFER A PATIENT FOR TREATMENT OR TESTS TO ANY FACILITY OR ENTITY IN WHICH THE PHYSICIAN HAS A FINANCIAL INTEREST UNLESS THE PHYSICIAN NOTIFIES THE PATIENT IN WRITING OF THE NATURE OF THE FINANCIAL INTEREST AND TO PROVIDE EXCEPTIONS.
Rep. CORNING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6594.HC).
Amend the bill, as and if amended, by striking SECTION 1, page 1 and inserting:
/SECTION 1. Chapter 1, Title 39 of the 1976 Code is amended by adding:
"Section 39-1-80. (A) A licensed health care professional may not refer a patient for treatment, testing, services, or products to any facility or entity in which he has a financial interest, other than a corporation in which the ownership interest is not greater than one percent, unless he first notifies the patient in writing of the nature of the financial interest. The provisions of this section do not apply to emergency referrals or admissions.
(B) Annually on or before the date provided by law for the filing of state individual income tax returns, not including any extension allowed, a licensed health care professional shall file a statement of economic interest with his licensing board detailing any financial interest he may have in any entity which would require him to provide the notice required pursuant to subsection (A) of this section. The reporting period for the statement is the calendar year preceding the filing date. No statement is required to be filed by a licensed health care professional who, during the applicable reporting period, had no such financial interest.
(C) A licensed health care professional who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars. Each violation constitutes a separate offense for purposes of this section."/
Amend title to conform.
Rep. CORNING explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 13, which was adopted.
The following Joint Resolution was taken up.
S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PHILLIPS explained the Joint Resolution.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Joint Resolution, Rep. PHILLIPS having the floor.
Rep. HOLT withdrew his objection to H. 4402 however, other objections remained upon the Bill.
Reps. WELLS and R. YOUNG withdrew their objections to the following Bill.
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
Rep. FULMER withdrew his objection to S. 32 however, other objections remained upon the Bill.
Rep. H. BROWN withdrew his objection to the following Bill.
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
Rep. WELLS withdrew her objection to S. 32 however, other objections remained upon the Bill.
Rep. COOPER withdrew his objection to the following Bill.
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
Rep. WRIGHT asked unanimous consent to recall S. 1327 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. GENTRY objected.
Rep. L. MARTIN, with unanimous consent, made a statement relative to signs and federal highways.
The Senate amendments to the following Bill were taken up for consideration.
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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HALLMAN moved to recall S. 1327 from the Agriculture, Natural Resources and Environmental Affairs Committee.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harrelson Harrison Haskins Hendricks Holt Huff Inabinett Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McKay Meacham Nettles Phillips Rama Riser Sharpe Shissias Smith Snow Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Burch, K. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harris, J. Harwell Hodges Houck Hyatt Jennings Johnson, J.C. Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McTeer Neilson Rogers Ross Rudnick Sheheen Shirley Taylor Tucker Waites Waldrop Whipper
So, S. 1327 was recalled.
Rep. HUFF moved to recall H. 4687 from the Labor, Commerce and Industry Committee.
As a first substitute Rep. BAKER moved to dispense with the balance of the Motion Period.
As a second substitute Rep. J. BAILEY moved to recall H. 4721 from the Judiciary Committee, which was agreed to.
Rep. FELDER moved to recall H. 4687 from the Labor, Commerce and Industry Committee.
As a first substitute Rep. BAKER moved to dispense with the balance of the Motion Period.
As a second substitute Rep. CROMER moved to recall H. 3594 from the Judiciary Committee.
Rep. GENTRY moved to table the motion.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bennett Boan Brown, J. Burch, K. Carnell Cobb-Hunter Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Hendricks Hodges Holt Houck Inabinett Jennings Keyserling Kinon Kirsh Klapman Martin, D. Martin, L. Martin, M. McAbee McCraw McKay McTeer Neilson Nettles Phillips Ross Rudnick Sharpe Sheheen Shirley Smith Townsend Waldrop Whipper White Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Baker Barber Baxley Beatty Brown, H. Bruce Byrd Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Fair Fulmer Gonzales Hallman Harris, J. Harrison Haskins Huff Hyatt Jaskwhich Johnson, J.C. Keegan Kempe Koon Lanford Littlejohn Marchbanks McElveen McGinnis Meacham Rama Riser Snow Stone Sturkie Taylor Tucker Vaughn Waites Wells Wright Young, A. Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to recall H. 3594 from the Judiciary Committee.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Fair Fulmer Gonzales Hallman Harris, J. Harrison Haskins Huff Hyatt Inabinett Jaskwhich Johnson, J.C. Keegan Kempe Klapman Koon Lanford Littlejohn Marchbanks Mattos McGinnis McKay Meacham Neilson Rama Riser Shissias Snow Stone Vaughn Waites Wells Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bennett Boan Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Hendricks Hodges Holt Houck Jennings Keyserling Kinon Kirsh Martin, D. Martin, L. Martin, M. McAbee McCraw McElveen McTeer Nettles Phillips Ross Rudnick Sharpe Sheheen Shirley Smith Sturkie Taylor Townsend Tucker Waldrop Whipper Wilder Wilkes Williams, J.
So, H. 3594 was recalled.
Rep. HUFF moved to recall H. 4687 from the Labor, Commerce and Industry Committee.
As a first substitute Rep. GENTRY moved to dispense with the balance of the Motion Period.
As a second substitute Rep. FELDER moved to recall H. 4687 from the Labor, Commerce and Industry Committee, which was agreed to.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 15, Rep. SHIRLEY having the floor.
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Debate was resumed on Amendment No. 15, which was proposed on Wednesday, May 6, by Rep. J. BAILEY.
Rep. SHIRLEY continued speaking.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the remainder of the day.
Rep. SHIRLEY continued speaking.
Rep. J. BAILEY spoke in favor of the amendment.
The SPEAKER granted Rep. R. YOUNG a leave of absence for the remainder of the day.
Rep. J. BAILEY continued speaking.
Rep. BEATTY moved to continue the Bill.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baxley Beatty Burch, K. Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Hendricks Inabinett Jennings Kempe Martin, M. McTeer Nettles Shirley Taylor Waldrop White
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Boan Brown, H. Bruce Carnell Cato Chamblee Clyborne Corbett Corning Council Cromer Fair Fulmer Hallman Harrison Haskins Hodges Holt Huff Hyatt Jaskwhich Keegan Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McAbee McCraw McGinnis McKay Meacham Neilson Phillips Rama Riser Ross Rudnick Sharpe Sheheen Shissias Smith Stone Sturkie Townsend Tucker Vaughn Wells Whipper Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to continue the Bill.
Rep. BEATTY spoke against the amendment.
Rep. WALDROP moved that the House do now adjourn.
Rep. J. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Baker Baxley Beatty Bennett Boan Bruce Burch, K. Byrd Carnell Clyborne Cooper Corbett Delleney Farr Foster Hallman Harrelson Harwell Houck Inabinett Jennings Johnson, J.C. Kinon Kirsh Lanford Littlejohn Mattos McAbee McCraw McGinnis McKay Nettles Rogers Sheheen Shirley Snow Stone Sturkie Taylor Townsend Waldrop Wilkes Williams, J.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Brown, H. Cato Corning Council Cromer Felder Fulmer Gonzales Harris, J. Harrison Haskins Holt Hyatt Jaskwhich Keegan Kempe Klapman Manly Marchbanks Martin, L. Martin, M. Meacham Neilson Rama Riser Ross Rudnick Sharpe Shissias Smith Vaughn Wells Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 15.
The Senate returned to the House with concurrence the following:
H. 4818 -- Rep. Bennett: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. EDWIN B. JOSEPH FOR HIS DEDICATED SERVICE AND CONTRIBUTIONS TO THE MANAGEMENT AND CONSERVATION OF SOUTH CAROLINA'S MARINE FISHERIES RESOURCES AND THE MARINE FISHERIES RESOURCES OF THE SOUTHEASTERN REGION OF THE UNITED STATES ON THE OCCASION OF HIS RETIREMENT.
H. 4821 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 13, 1992, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE COLLEGE OF CHARLESTON, WINTHROP UNIVERSITY, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1992 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.
At 4:30 P.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of Christian Jon Nauman of Chapin, to meet at 10:00 A.M. tomorrow.
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