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:
As we with fellow Americans have just commemorated Memorial Day, cause us all, good Lord, to remember with everlasting gratitude those who valiantly fought and bravely died for this great Nation. Bring comfort to those who see again in memory's vista the parade of those who answered the call of our Country but who never returned. Be near with Your compassion to those who even now bear scars of the battlefield, granting them the assurance of a grateful Nation.
Make our response be purer lives, nobler service and deeper dedication to the cause for which they gave so much. May we live worthily with liberty and justice for all in a world of peace. 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.
TO: CLERK OF THE SENATE
CLERK OF THE HOUSE
FROM: THE JOINT LEGISLATIVE SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION
DATE: MAY 18, 1992
In compliance with the provisions of Act 119, of 1975, and Act 167 of 1979, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator Edward E. Saleeby, Chairman /s/Rep. George H. Bailey
/s/Senator Nikki G. Setzler /s/Rep. Grady A. Brown
/s/Senator John E. Courson /s/Rep. Carole C. Wells
/s/Senator J. Yancey McGill /s/Rep. Lucille S. Whipper
Pursuant to Act 119 of 1975, this committee was organized to consider the qualifications of candidates seeking election to the South Carolina Consumer Affairs Commission for the Statewide vacancies. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to election. It is not the function of the committee to recommend one candidate over another or suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified and under the statute our determination in that regard is not binding upon the General Assembly.
Seven candidates who were under consideration at the time of the hearings are discussed in this report. The candidates who appeared before the Joint Legislative Screening Committee for its consideration are as follows:
VACANCY # 1
Robert J. Leapord
Greer, South Carolina
VACANCY #3
Edna Page Anderson
Columbia, South Carolina
Lillian C. Bloom
Greenville, South Carolina
Joseph S. Lyles
Greenville, South Carolina
VACANCY #4
Marilyn Harris
Simpsonville, South Carolina
Barbara B. League
Greenville, South Carolina
Richard C. Moore
Simpsonville, South Carolina
THE JOINT LEGISLATIVE SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION COMMENCED AT 9:30 A.M. ON TUESDAY, MAY 12, 1992.
MR. SALEEBY ASKED ALL THE CANDIDATES TO INTRODUCE THEMSELVES.
SENATOR SALEEBY: I APPRECIATE ALL OF YOU BEING HERE. ALL THOSE OPPOSED TO EXECUTIVE SESSION, INDICATE BY SAYING "AYE". THERE APPEARS TO BE NO OPPOSITION, SO WE WILL ASK YOU TO KINDLY ... YOU CAN EITHER STEP DOWN TO MY OFFICE OR MAKE YOURSELVES AT HOME AND WE'LL CALL YOU IN ONE AT A TIME. WE'LL FIRST TALK TO MR. LEOPARD. YOU'RE NOT PART OF THE CHESTERFIELD LEOPARDS, ARE YOU?
MR. LEOPARD: COULD BE.
SENATOR SALEEBY: WE'LL CALL YOU ALL BACK LATER.
(THE CANDIDATES WERE THEN SHOWN TO A WAITING ROOM UNTIL REQUESTED BY THE COMMITTEE TO RETURN.)
(THE CANDIDATES WERE ALL INVITED BACK INTO THE COMMISSION ROOM)
1. Robert J. Leapord Business Address:
Home Address: The Spread Shed/Home Furnishings
506 Hackney Road 1004 E. Lee Road
Greer, SC 29936 Taylors, SC 29687
2. He was born in Greer, South Carolina, on January 16, 1935. He is presently 57 years old.
Social Security Number: ***-**-*****
4. He was married to Claudine Fowler Leapord on June 24, 1967. He has two children: Cynthia Lee Leapord, (Teacher at Brook Glenn Elementry); Candace Ann Leapord, (2nd year student at Anderson College).
5. Military Service: Army - December 4, 1957 to December 4, 1959; Sp-5 with Honorable Discharge; Ft. Meade, Maryland.
6. He attended Furman University from 1952-1954; attended Greenville Technical School completing several courses in Real Estate during 1977; 1965 he attended Whirlpool Sales & Marketing in Benton Harbor, Michigan.
8. He is a member of: Taylors First Baptist Church in Taylors, SC and Hejaz Shrine Temple in Mauldin, SC.
15. He owns the Spread Shed/Home Furnishing Store which he is divesting himself from, and he also owns a former Yogurt Delights, which he has leased.
21. For almost 15 years Mr. Leapord was manager for J. M. Fields, Inc., a division of Food Fair, Inc., and for the past 14 years he has worked with most of the Furniture, Television and Appliance stores in South Carolina as a merchandise wholesaler.
22. Five (5) letters of recommendations:
(a) Mr. William Mitton VP
American Federal Bank
300 East McBee Avenue, Greenville, SC 29601
(b) Mr. Dan Boling
Daley Corporation
Woodruff Industrial Lane, Greenville, SC 29615
(c) Mr. Dan Howell
Howell Machinery Company
One Crestmere Lane, Taylors, SC 29687
(d) Mr. Jack Cochran
Jack Cochran Automotive
2129 Grove Road, Greenville, SC 29605
(e) Mr. William Howell
Howell Financial Group
5 Centry Drive, Greenville, SC 29607
MR. GARRISON: MR. LEAPORD, PLEASE COME FORWARD AND TAKE A SEAT AT THE MICROPHONE, PLEASE.
MR. ROBERT J. LEAPORD - EXAMINATION BY MR. GARRISON:
Q YOUR NAME IS MR. ROBERT J. LEAPORD?
A THAT'S CORRECT.
Q AND YOU RESIDE IN GREER, SOUTH CAROLINA?
A THAT'S CORRECT.
Q AND YOU HAVE FILED A NOTICE OF INTENT TO SEEK ELECTION FOR VACANCY NUMBER ONE ON THE DEPARTMENT OF CONSUMER AFFAIRS COMMISSION?
A THAT'S CORRECT.
Q WHAT'S YOUR OCCUPATION?
A I AM A PROPRIETOR OF TWO SMALL BUSINESSES, OR ONE BASICALLY THAT I RUN.
Q WHAT ARE THE NAMES OF THOSE BUSINESSES?
A SPREAD SHED/HOME FURNISHINGS.
Q HAVE YOU EVER BEEN DISCHARGED FROM ANY EMPLOYMENT?
A NO, NOT EXCEPT THROUGH THE CORPORATION BEING SOLD OR CHAPTER 11 OR WHATEVER.
Q DO YOU RECEIVE ANY INCOME FROM ANY OTHER SOURCES OTHER THAN YOUR EMPLOYMENT, SUCH AS STOCKS OR BONDS?
A OTHER THAN STOCKS OR BONDS, VERY LITTLE. I HAVE A YOGURT SHOP THAT I OWN AND I HAVE LEASED OUT, BUT VERY LITTLE.
Q DO ANY OF THE BUSINESSES THAT YOU OWN HAVE CONTRACTS WITH THE STATE OR FEDERAL GOVERNMENT?
A NONE WHATSOEVER.
Q DO YOU HAVE ANY BUSINESS OBLIGATIONS THAT WOULD PROHIBIT YOU FROM ATTENDING MEETINGS AND PUTTING IN THE NECESSARY TIME TO SERVE ON THIS COMMISSION?
A NO, I HAVE THE TIME.
Q DO YOU OR ANY MEMBER OF YOUR FAMILY HAVE ANY BUSINESS INTERESTS THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR HOLDING THIS POSITION?
A NONE AT ALL.
Q ARE YOU OR ANY OF THE MEMBERS OF YOUR IMMEDIATE FAMILY RELATED TO ANYONE AFFILIATED WITH THE DEPARTMENT OF CONSUMER AFFAIRS?
A NO.
Q WOULD YOU PLEASE ANSWER ANY OTHER QUESTIONS THAT ANY OF THE MEMBERS OF THE COMMITTEE HAVE FOR YOU, PLEASE?
A YES, I'LL BE GLAD TO.
SENATOR COURSON: MR. LEAPORD, YOU MENTIONED A CHAPTER 11. I WOULD LIKE TO JUST PURSUE THAT JUST A MOMENT. COULD YOU EXPLAIN WHAT YOU WERE TALKING ABOUT, CHAPTER 11.
A WELL, I WORKED FOR A NUMBER OF YEARS FOR FOOD FAIR, WHICH IS A PHILADELPHIA CORPORATION. AND THEY HAD APPROXIMATELY 1,200 STORES. AND I WAS THE REGIONAL MANAGER FOR THE J. M. FIELDS DIVISION FOR THE CAROLINAS AND VIRGINIA. AND WHEN MR. FREEMAN DIED, THE COMPANY STARTED GOING DOWNHILL, AND THE PARENT COMPANY WENT OUT OF BUSINESS. THAT'S WHAT I WAS REFERRING TO.
SENATOR COURSON: THANK YOU, SIR.
SENATOR SALEEBY: ANY OTHER QUESTIONS? I HAVE JUST ONE. MR. LEAPORD, WHY ARE YOU INTERESTED IN SERVING ON THIS BOARD? THIS IS A QUESTION I'M GOING TO ASK EVERYONE.
A I HAVE ALWAYS HAD A DESIRE TO SERVE, TO WORK WITH SOME OF THE STATE BOARDS OR COMMISSIONS, WHATEVER SMALL WAY THAT I COULD SERVE THE STATE. IT'S JUST SOMETHING THAT I'VE ALWAYS WANTED TO DO. AND I THOUGHT THAT THIS WAS A GOOD OPPORTUNITY. IT WAS SOMETHING THAT I KNEW SOMETHING ABOUT.
SENATOR SALEEBY: HOW DID YOU RECEIVE YOUR NOTICE THAT THIS OPENING WAS AVAILABLE?
A A COUPLE OF ACQUAINTANCES, ONE ACQUAINTANCE TOLD ME ABOUT IT. BUT I SAW IT ALSO IN THE NEWSPAPER.
SENATOR SALEEBY: THANK YOU VERY MUCH.
1. Edna Page Anderson
Home Address: Business Address:
827 Wildwood Ave. 827 Wildwood Ave.
Columbia, SC 29203 Columbia, SC 29203
2. She was born in Lake View, South Carolina on August 18, 1942. She is presently 49 years old.
Social Security Number: ***-**-*****
4. She was married to Russell H. Anderson on September 28, 1973.
6. She attended Winthrop College, Rock Hill, SC; B.S. Education (Home Economics); 1959-1963; Winthrop College; M.S. Education (Home Economics); 1965-1966; The Pennsylvania State University; Ph.D. Education; 1971-1976. Dr. Anderson also has taken courses from several other colleges/universities, including Iowa State University, The University of Arizona, The University of Minnesota, and South Dakota State University; (No degree sought from these institutions).
7. She is a member of Mini Grant Committee - City of Columbia; appointed by City Council; December 4, 1991; term expires December 31, 1992.
8. Civic, charitable, religious, educational, social and fraternal organizations: American Association of University Women; American Council on Education National Identification program for the Advancement of Women in Higher Education Administration (ACE-NIP); Advisory Committee, Department of Home Economics, Clemson University; Advocates for Women on Boards and Commissions (SC); American Home Economics Association; American Vocational Association; Association of Administrators of Home Economics; Association for Supervision and Curriculum Development; Association of Women in Development (International organization); Association for Vocational Education Research; Brookings Chamber of Commerce (Brookings, SD); Brookings Women's Center (Brookings, SD); Coalition of Family Organizations; Country Women of the World; Delta Kappa Gamma (Honor Society for Women in Education); First Lutheran Church Women (Brookings, SD); Home Economics Education Association; Institute of Food Technologists, Great Plains Subsection of Minnesota Chapter; International Federation of Home Economics; Kappa Omicron Nu (Home Economics Honor Society); Little Book Club (Columbia, SC); National Association of Teacher Educators of Vocational Home Economics; National Council of Administrators of Home Economics; Nutrition Council of South Dakota; Omicron Nu (Honor Society for Home Economics); Phi Kappa Phi (National Honor Society to Advance Learning); Phi Upsilon Omicron (Honor Society for Home Economics); Seminary Ridge Neighborhood Association (Columbia, SC); SC Association for Vocational Home Economics Teachers; SC Chapter and Columbia Branch of American Association of University Women; SC Home Economics Association; SC Vocational Association; South Dakota Advocacy Network for Women; South Dakota Association for Vocational Home Economics Teachers; South Dakota Home Economics Association; South Dakota Vocational Association; Toastmasters International, Columbia 2500 Chapter, Columbia, SC; United Dairy Industries of South Dakota (Board Member); Women of the Evangelical Lutheran Church in America.
13. She is presently an Education Consultant (self employed). She has contracted to do work for a state agency. She has also worked on a World Bank Contract.
21. Dr. Anderson wants to become more involved in state government. She feels in addition to having the time, energy and desire to serve, she has educational and administrative background in Consumer Affairs.
22. Five (5) letters of recommendation:
(a) Attie C. May
6506 Satchel Ford Road, Columbia, SC 29206
(b) Robert A. Wilbur, Sr.
875 Gardendale Drive, Columbia, SC 29210
(c) Robert L. and Hilda G. Stephens
Route 2, Box 251, Dillon, SC 29536
(d) Dr. Amy Clark
P.O. Box 82, Pelzer, SC 29669
(e) William J. Nates, Asst. VP and Branch Manager
First Citizens Bank
2621 N. Main Street, Columbia, SC 29201
MR. GARRISON: EDNA PAGE ANDERSON.
MS. EDNA PAGE ANDERSON - EXAMINATION BY MR. GARRISON:
Q MS. ANDERSON, YOU RESIDE IN COLUMBIA?
A THAT'S CORRECT.
Q AND YOU FILED A NOTICE OF INTENT TO SEEK ELECTION FOR THE COMMISSION ON CONSUMER AFFAIRS, VACANCY NUMBER THREE ON THAT COMMISSION?
A YES, I DID.
Q WHAT'S YOUR OCCUPATION, MS. ANDERSON?
A I'M AN EDUCATION CONSULTANT.
Q HAVE YOU EVER BEEN DISCHARGED FROM ANY EMPLOYMENT?
A NO, I HAVE NOT.
Q DO YOU RECEIVE ANY INCOME FROM ANY SOURCES SUCH AS STOCKS AND BONDS, OTHER THAN YOUR EMPLOYMENT?
A A SMALL AMOUNT OF INCOME FROM A PUBLIC UTILITY, PUBLIC BOND IN SOUTH DAKOTA.
Q DO ANY OF YOUR BUSINESSES HAVE CONTRACTS WITH THE STATE OR FEDERAL GOVERNMENT?
A I HAVE HAD A CONTRACT WITH THE STATE GOVERNMENT, WITH THE STATE DEPARTMENT OF EDUCATION, OCCUPATIONAL DIVISION.
Q WHAT WAS THE NATURE OF THAT CONTRACT?
A I PREPARED TWO REQUESTS FOR PROPOSALS FOR ADMINISTRATORS, SCHOOL ADMINISTRATORS IN SOUTH CAROLINA.
Q DO YOU HAVE ANY BUSINESS OBLIGATIONS THAT WOULD PROHIBIT YOU FROM ATTENDING MEETINGS AND PUTTING IN THE NECESSARY TIME TO SERVE ON THIS COMMISSION?
A NO, I DO NOT.
Q DO YOU OR ANY MEMBER OF YOUR FAMILY HAVE ANY BUSINESS INTERESTS THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR HOLDING THIS OFFICE?
A NO.
Q ARE YOU OR ANY MEMBER OF YOUR IMMEDIATE FAMILY RELATED TO ANYONE AFFILIATED WITH THE DEPARTMENT OF CONSUMER AFFAIRS?
A NO.
Q PLEASE ANSWER ANY QUESTIONS THAT THE CHAIR OR ANY MEMBERS OF THE COMMITTEE HAVE FOR YOU, PLEASE.
MR. BROWN: HOW DID YOU FIND OUT ABOUT IT?
A I FOUND OUT ABOUT IT THROUGH THE COLUMBIA BRANCH OF THE AMERICAN ASSOCIATION OF UNIVERSITY WOMEN. I BELONG TO THAT GROUP.
SENATOR COURSON: DR. BARBARA MOXON.
A YES, SHE BELONGS ... SHE'S AN OFFICER IN OUR GROUP, YES.
SENATOR SALEEBY: I SEE YOU'VE BEEN PRETTY ACTIVE COMING FROM LAKEVIEW, SOUTH CAROLINA.
A YES, SIR.
SENATOR SALEEBY: YOU ENDED UP ALL OVER THE WORLD, IT LOOKS LIKE.
A WELL, A FEW PARTS.
SENATOR SALEEBY: YOU'VE BEEN PRETTY ACTIVE, THOUGH.
A YES, SIR, I HAVE.
SENATOR SALEEBY: DO ANY OTHER MEMBERS HAVE ANY QUESTIONS? THANK YOU SO MUCH.
A THANK YOU.
1. Lillian C. Bloom
Home Address:
2207 Wade Hampton Blvd.
Apartment C-205, Greenville, SC 29615
2. She was born in New York, New York, on November 12, 1920. She is presently 71 years old.
Social Security Number: ***-**-*****
4. She was married to Jack L. Bloom on October 19, 1963.
6. She attended Hunter College; A.B. (1941); New York City
She also attended New York University; M.A. (1952); New York City.
8. Civic, charitable, religious, educational, social and fraternal organizations: Greenville Free Medical Clinic, Board Member (1987-1990); Greenville Chapter American Red Cross, Board Member Secretary (1990-present); SC Appalachian Council of Governments, Member, Area Advisory Council on Aging (1988-present); Greenville Literacy Association, Member, Tutor (1988-present); Mental Health Association, Greenville County, Board Member (1982-1988); Y.W.C.A., Member, Public Policy Committee (1990-present); Congregation Beth ISRAEL, Board Member (1985-1989); Greenville Sechin, National Council of Jewish Women, Board Member (1965-present).
21. Ms. Bloom stated in her application that she has always been interested in the public good having participated actively in many volunteer services. Serving on the Consumer Affairs Commission would be most challenging and she believes her broad based interests would permit her to make a contribution.
22. Six (6) letters of recommendation:
(a) Wayne Brennessel, Chapter Manager
American Red Cross, Greenville County Chapter
P.O. Box 9035, Greenville, SC 29604
(b) Bessie M. Lee, Exec. Director
Greenville Literacy Association, Inc.
301 University Ridge, Suite 5400
Greenville, SC 29601-3673
(c) Mrs. Jo Bell
401 W. Faris Road, Greenville, SC 29605
(d) Robert L. Dreyfus
10 Stone Lake Court, Greenville, SC 29609
(e) Ms. Joanne Montaque
64 Bent Oak, Greer, SC 29650
(f) Kelly B. Kowalski, Consumer Loan Officer
The First Savings Bank
Wade Hampton Office, Greenville, SC 29615
(g) Joanne E. Batson, Exec. Director
Young Women's Christian Association
700 Augusta Street, Greenville, SC 29605
(h) Jane P. Bessinger, Exec. Director
Greenville Free Medical Clinic, Inc.
P.O. Box 8993, Greenville, SC 29604
MR. GARRISON: MS. LILLIAN C. BLOOM.
MS. LILLIAN C. BLOOM - EXAMINATION BY MR. GARRISON:
Q MS. BLOOM, YOU RESIDE IN GREENVILLE, SOUTH CAROLINA?
A I DO.
Q AND YOU HAVE FILED A NOTICE OF INTENT TO SEEK ELECTION FOR VACANCY NUMBER THREE ON THE COMMISSION ON CONSUMER AFFAIRS?
A YES, I HAVE.
Q WHAT'S YOUR OCCUPATION?
A I'M RETIRED.
Q WHAT WAS YOUR OCCUPATION BEFORE YOU RETIRED?
A OH, I'VE HAD SEVERAL CAREERS. I WAS A MEDICAL RECORDS LIBRARIAN, SOCIAL WORKER, I WAS A TEACHER ON AND OFF.
Q HAVE YOU EVER BEEN DISCHARGED FROM ANY EMPLOYMENT?
A NO, I HAVEN'T.
Q DO YOU RECEIVE ANY INCOME FROM ANY SOURCES, SUCH AS STOCK OR BONDS, OTHER THAN YOUR EMPLOYMENT?
A STOCKS AND BONDS.
Q COULD YOU TELL THE COMMITTEE WHAT STOCKS AND BONDS YOU HAVE?
A I HAVE SOME MUNICIPAL BONDS, I HAVE SOME UTILITY BONDS. WOULD YOU LIKE ME TO NAME THE UTILITY BONDS THAT I HAVE? DUKE POWER, CAROLINA POWER AND LIGHT, SCANA, BELLSOUTH.
Q YES, MA'AM. THAT'S FINE.
SENATOR COURSON: MR. CHAIRMAN, I THINK IF THE QUESTIONING IS GOING TO CONTINUE ALONG THOSE LINES, WE OUGHT TO INTERVIEW EACH INDIVIDUAL SEPARATELY.
SENATOR SALEEBY: THAT'S FINE.
SENATOR COURSON: PLUS, I THINK IT WOULD BE UNFAIR TO THOSE WHO HAVE ALREADY APPEARED BEFORE THE REST OF THEM TO HAVE THAT OPPORTUNITY TO BE ...
SENATOR SALEEBY: WE'RE JUST BEING KIND OF GENERAL, JUST TO MAKE SURE THERE'S NO CONFLICTS OF INTEREST. SO, IF YOU FEEL LIKE THOSE QUESTIONS ABOUT WHERE YOUR INCOME COMES FROM ...
REPRESENTATIVE WHIPPER: IT COULD BE REPHRASED SO THAT IT WOULD NOT HAVE TO BE LISTED, JUST ASKED IF THERE IS THAT CONFLICT.
MR. GARRISON: MR. CHAIRMAN, I APOLOGIZE. THE RESPONSES FROM THE OTHER MEMBERS, I DIDN'T THINK THEY INDICATED THAT THEY HAD ANY BONDS OR IT APPEARED TO ME THAT THEY ANSWERED WHAT BONDS THEY HAD. AND I APOLOGIZE IF THAT QUESTION WAS ASKED INAPPROPRIATELY.
SENATOR SALEEBY: LET ME JUST ASK IT THIS WAY. DO YOU HAVE ANY INCOME FROM WHATEVER SOURCE IT MIGHT BE THAT MIGHT EVER PUT YOU INTO POSITION OF A CONFLICT IF THE CONSUMER AFFAIRS OFFICE ... YOU SEE, THEY REPRESENT THE CITIZEN BEFORE THE PUBLIC SERVICE COMMISSION ON RATE INCREASES. THEY REPRESENT THE CONSUMERS BEFORE THE INSURANCE DEPARTMENT INVOLVING INSURANCE COMPANIES. WOULD YOUR INCOME BE OF SUCH A NATURE THAT THAT MIGHT CREATE A CONFLICT ON YOUR PART; THAT'S WHAT CONCERNS THE ...
A NO.
SENATOR SALEEBY: YOU CAN UNDERSTAND WHY WE WOULDN'T WANT SOMEBODY WITH $10 MILLION WORTH OF, SAY, SCANA STOCK TO SERVE ON ... OR BELLSOUTH TO SERVE.
A NO. I WOULD HARDLY BE IN THAT CATEGORY.
SENATOR SALEEBY: OKAY. I SEE THAT YOU LISTED THAT IN YOUR STATEMENT.
A I HAVE.
SENATOR SALEEBY: IF YOU'LL REFER TO YOUR FILE ON MS. BLOOM, YOU'LL SEE ...
A I THINK I NEGLECTED TO INDICATE BELLSOUTH.
SENATOR SALEEBY: THAT'S FINE.
Q MS. BLOOM, DO YOU OR DO ANY BUSINESSES THAT YOU HAVE CONTACT WITH HAVE ANY STATE OR FEDERAL GOVERNMENT CONTRACTS?
A NO.
Q DO YOU HAVE ANY PREVIOUS OBLIGATIONS THAT WILL PROHIBIT YOU FROM ATTENDING MEETINGS OR PUTTING THE NECESSARY TIME AND WORK ON THE COMMISSION?
A NO, I DON'T.
Q DO YOU OR ANY MEMBER OF YOUR FAMILY HAVE ANY BUSINESS INTERESTS THAT YOU FEEL WOULD PRESENT A CONFLICT OF INTEREST IN YOUR HOLDING THIS POSITION?
A NONE WHATSOEVER.
Q ARE ANY OF THE MEMBERS OF YOUR IMMEDIATE FAMILY RELATED TO ANYONE AFFILIATED WITH THE OFFICE OF CONSUMER AFFAIRS?
A NO.
Q COULD YOU PLEASE ANSWER ANY QUESTIONS THE CHAIRMAN AND ANY MEMBERS MAY HAVE FOR YOU?
SENATOR SALEEBY: ARE THERE ANY QUESTIONS FROM THE MEMBERS OF THE COMMITTEE?
REPRESENTATIVE BROWN: HOW DID YOU FIND OUT ABOUT IT?
A THROUGH THE NEWSPAPER. I ALSO SIT ON A LITTLE BOARD THAT IS TRYING TO GET WOMEN ON COMMISSION BOARDS. SO, WHEN THERE IS A VACANCY, THEY CALL IT TO OUR ATTENTION. BUT I ACTUALLY SAW THIS FIRST IN THE NEWSPAPER.
REPRESENTATIVE BROWN: GREENVILLE NEWS?
A YES.
SENATOR SALEEBY: THANK YOU VERY MUCH.
MR. GARRISON: MR. CHAIRMAN, MR. JOSEPH LYLES WAS GRANTED AN EXEMPTION FROM BEING HERE TODAY BECAUSE OF HIS VACATION.
1. Joseph S. Lyles
Home Address: Business Address:
98 Carpin Drive P.O. Box 10383
Greenville, SC 29611 Greenville, SC 29603
2. He was born in Winnsboro, South Carolina, on January 17, 1957. He is presently 35 years old.
Social Security Number: ***-**-*****
3. He was married to Carole Lynne Howard on December 29, 1984. He has two children: Jenna Francis Lyles, age 4 and J. Kitt H. Lyles, age 2.
5. Military Service: United States Naval Reserves; active duty (September 1984 to September 1987). Rank: Lt.,0-3; Serial # ***-**-*****. Inactive duty: Individual Ready Reserves (September 1987 to February 1992). Present status: Honorable discharge.
6. He attended Furman University from 1975 to 1977, left there to attend Western Washington University; B.S. degree in Environmental Studies; 1979. He also attended the University of South Carolina School of Law: 1980-1983, J.D.
8. Civic, charitable, religious, educational, social and fraternal organizations: Mayors Task Force for a Cleaner Greenville; St. Mary's Supper Club; Greenville County Bar Association; Greenville County Young Lawyers Association; South Carolina Trial Lawyers; American Trial Lawyers; American Bar Association; Sierra Club; South Carolina Forest Watch; South Carolina Wildlife Federation; American Rivers Association; Trout Unlimited.
15. He is an Associate with the law firm of: Howard, Howard, Francis, & Reid; general practice.
22. Five (5) letters of recommendation:
(a) Frank S. Holleman, III
Wyche, Burgess, Freeman, and Parham, P.A.
P.O. Box 728, Greenville, SC 29602
(b) Thomas H. White, IV
Whitney, White and Diamaduros
P.O. Box 266, Union, SC 29379
(c) Christy Hill
First Union National Bank of SC
Greenville, SC 29602
(d) Lehman A. Moseley, Jr.
500 Poinsett Hwy.
Greenville, SC 29609
(e) W. Thomas Sprott, Jr.
McDonald, Sprott, Spong, and Clarkson
P.O. Drawer 179, Winnsboro, SC 29180
The undersigned deponent, being first sworn, does solemnly testify as follows:
Greetings, Mr. Chairman and Honorable Committee Members:
The South Carolina Consumer Affairs Commission governs one of the more effective agencies in the State. The Commission, through its staff, has a history of providing excellent representation of the consumer in rate hearings and related proceedings. Our Consumer Advocate, Steve Hamm, has built a national reputation for effectiveness. He has provided leadership in the area of consumer protection at a time when the Federal Government has been reducing its regulatory role.
Therefore, I would feel honored to sit on the Commission and contribute to its ongoing success. I believe the commission should continue to actively protect and promote the interests of the consumer. Because of the rapidly changing world, consumers are constantly faced with new products and services, some valuable, some valueless, and some actually dangerous. The Commission must insure that its staff stays abreast of these changes. I feel I can make a contribution to my State by working to help the Commission do this.
Also, the continuing emphasis on reducing government regulation at the Federal level will make the role of South Carolina Consumer Affairs Commission increasingly important. As federal protections for the consumer decrease, the State will have to increase its role.
I feel I would bring significant strength to the Commission because I am familiar with the day to day problems faced by consumers in this State. I have become aware of these consumer problems through my practice as an attorney. I encounter people every day who have consumer problems, and I have a good grasp of the laws which affect consumer transactions.
My background in the environmental protection field would be valuable to the Commission. Issues of environmental protection often intersect and mesh with consumer protection issues today. For example, product manufacturers are jumping on the band wagon to claim that their products are friendly to the environment. However, there is increasing concern that these claims may be inflated, misleading, or false.
With my undergraduate degree in environmental studies and my longstanding involvement in conservation organizations and issues, I can bring an understanding of environmental protection to the Commission's decision making process.
Finally, I feel that I have had a varied and diverse life experience to date. I believe that my background makes me a good candidate for a seat on the Consumer Affairs Commission. Thank you for your time and consideration.
Signed and sworn to this 5th day of May, 1992
/s/Joseph Sloan Lyles
MR. GARRISON: MARILYN HARRIS.
1. Marilyn Harris
Home Address: Business Address:
311 Alder Drive 1521 Laurens Road
Simpsonville, SC 29681-3501 Greenville, SC 29607-9998
2. She was born in New Jersey on December 7, 1961. She is presently 30 years old.
Social Security Number: ***-**-*****
4. She was married to Mark Andrew Harris on September 29, 1984. She has three children: Bridgette Lynne Hasinec, Brianne Leigh Harris, and Zachary Dylan Andrew Harris.
6. She is enrolled at Greenville Technical College as a special student, currently taking conversational Spanish.
8. Civic, charitable, religious, educational, social and fraternal organizations: Member of Bryson Middle School PTA (currently); Member of Plain Elementary School PTA (currently); Member of Messiah Lutheran Church (currently); Member of MBP Committee (currently); Member of National Association of Postal Supv. (currently); Member of Women's Advisory Committee (former).
21. Mrs. Harris stated in her application she presently holds the position of Supervisor, Mails and Delivery, with the United States Postal Service. She is an active member in her children's PTA organizations. She is a person of ethical, moral, and loyal character.
22. Five (5) letters of recommendation:
(a) Helen Brooks
P.O. Box 448, Columbia, SC 29202
(b) William Johnson
100 E. Orchard Park Drive, Greenville, SC 29615-9998
(c) Lawrence Jordan
600 W. Washington Street, Greenville, SC 29602-9998
(d) Pastor John Yost
101 Log Shoals Road, Mauldin, SC 29662
(e) Joseph Klein
600 D. Archdale, Sumter, SC 29150
MS. MARILYN HARRIS - EXAMINATION BY MR. GARRISON:
Q MS. HARRIS, YOU'RE FROM SIMPSONVILLE?
A YES, SIR.
Q AND YOU FILED NOTICE OF INTENT TO SEEK ELECTION TO VACANCY NUMBER FOUR ON THE CONSUMER AFFAIRS COMMISSION?
A YES.
Q WHAT'S YOUR OCCUPATION?
A I'M A SUPERVISOR OF MAILS AND DELIVERY WITH THE POST OFFICE.
Q HAVE YOU EVER BEEN DISCHARGED FROM ANY EMPLOYMENT?
A NO.
Q DO YOU RECEIVE ANY INCOME FROM ANY STOCKS AND BONDS THAT YOU FEEL WOULD AFFECT YOUR JUDGMENT IF YOU WERE WORKING FOR THE DEPARTMENT OF CONSUMER AFFAIRS?
A NO.
Q DO ANY OF YOUR BUSINESSES HAVE CONTRACTS WITH STATE OR FEDERAL GOVERNMENT AGENCIES?
A NO.
Q DO YOU HAVE ANY BUSINESS OBLIGATIONS THAT WOULD PROHIBIT YOU FROM ATTENDING MEETINGS OR PUTTING IN THE NECESSARY TIME TO SERVE ON THE BOARD?
A NO, SIR.
Q DO YOU OR ANY MEMBER OF YOUR FAMILY HAVE ANY BUSINESS INTERESTS THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR HOLDING THIS POSITION?
A NO, SIR.
Q ARE YOU OR ANY MEMBER OF YOUR IMMEDIATE FAMILY RELATED TO ANYONE AFFILIATED WITH THE DEPARTMENT OF CONSUMER AFFAIRS?
A NO.
Q WOULD YOU PLEASE ANSWER ANY QUESTIONS THAT ANY OF THE MEMBERS OF THE COMMITTEE HAVE FOR YOU?
REPRESENTATIVE BROWN: HOW DID YOU FIND OUT ABOUT IT?
A I READ ABOUT IT IN THE GREENVILLE NEWS.
SENATOR SALEEBY: ANY OTHER QUESTIONS?
MR. GARRISON: MS. BARBARA LEAGUE.
1. Barbara B. League
HOME ADDRESS: BUSINESS ADDRESS:
823 Altamont Road 608 Furman Road
Paris Mountain P.O. Box 3626
Greenville, SC 29609-4582 Greenville, SC 29608-3626
2. She was born in Laurens, South Carolina, on September 19, 1940. She is presently 51 years old.
Social Security Number: ***-**-*****.
4. She was married to G. Frank League, III, on December 29, 1962. She has three children: George F. League, IV, age 28 (G.F. League Manufacturing Co., Inc.); D. Fraser League, age 27, (G.F. League Manufacturing Co., Inc.); and W. Claude League, age 24, (Graduated 12/91 U.S.C. and Interviewing).
6. She completed a Two Year Administrative Management Business Course from Winthrop College in 1960. In 1967-1985 she attended Greenville Technical College and Furman University taking: Business Courses, Management Courses, OSHA and EEOC Courses and Seminars, Manufacturing and Plant Operation, Supervisory Management, etc.
8. Civic, charitable, religious, educational, social and fraternal organizations: St. Mary's School Board; Centre Stage Theatre; River Place Festival (Non Profit Chair); YWCA (Finance Chair, Personnel Chair, Nominating Committee); Roundtowners (1st Vice President, President, Advisory Council); National Federation of Independent Business South Carolina Advisory Council; Greater Greenville Chamber of Commerce (Executive Committee, Small Business Service Board-Chair, Economic Development Board, Leadership Greenville Board of Regents, Business and Industry Board, Public Education Board, Chairman's Task Force, Intercity Visit Committee); Travelers Rest Area Council (Education Committee Chair, Library Task Force); Greenville Technical College (Management Advisory Board, Chair); Sertoma Club of Greenville (Director of Retention, Vice President of Membership, Vice President of Public Relations, Vice President Inter Clubs); St. Francis Hospital Development Council (Business & Professional Board, President's Breakfast-Chair); Freedom Weekend Aloft; 1st Night Greenville Festival (Visual Arts Chair); Metropolitan Arts Council (Personnel Chair, Executive Search Chair, Executive Committee); Coalition of Women on Boards & Commissions; School District of Greenville County Business-Education Partnership; Who's Who of Women Executive; National Association of Manufacturers; National Association of Female Executives; South Carolina Chamber of Commerce; I-85 Business Belt Chamber; 300 for Greenville; Greenville Professional Women's Forum; S.C. Local Option Sales Tax Task Force; City of Greenville Accommodations Tax Committee; Greenville County Library Executive Search Committee; South Carolina Commission of the Arts; The Alliance for Quality Education; South Carolina Theatre Association; Greenville Fine Arts Center; St. Mary's Catholic Church; Winthrop College Alumni; The Emerys Foundation; The Saint's Society; Colonial Club; The Altamont Club; Fall for Greenville; The Palmetto Ski Club; Freedom Weekend Aloft; Upstate Visual Art Alliance; Centre Stage-South Carolina; The Greenville Literacy Association; The Greenville County Museum of Art; Piedmont Council for Prevention of Child Abuse; Greater Greenville Chamber of Commerce (Small Business Person of the Year Finalist, Special Events Chair Appreciation Award, Department Board Chair Appreciation Award, Board of Directors Appreciation Award, Executive Board Appreciation Award); Greenville Sertoma Club (Outstanding Service Award, Gem Award, Sertoman of the Year Award, Centurian Award, Tribune Award, Senator I Award, Senator II Award); Roundtowners (Outstanding Service Award, Roundtowner of the Year Award); Who's Who of Women Executives; School District of Greenville County Business-Education Partnership Award; National Republican Congressional Committee (Sponsor #001064379 DH 3591, active sponsor since 1981 in good standing, generously supporting the 1992 National Campaign to elect a republican majority in the U.S. Congress); National Federation of Republican Women; National Federation of Independent Business (South Carolina Guardian Council member since 1987, quarterly meetings in Columbia to focus on issues affecting small businesses and visit with members of the House and Senate); South Carolina Republican Party (Silver Elephant Club Member); South Carolina Federation of Republican Women; Upstate Republican Women's Club - Charter member in good standing,(support local and state Republican candidates financially $25 to $250 and by volunteering in their campaigns as much as my time will allow); Greenville County Republican Party (Bronze Elephant Club Member); Greenville Coalition for Women on Boards and Commissions (Active member since 1990), Promote Qualified Responsible Women's more active involvement on Boards and Commission by making them aware of available openings and to educate them to have a better grasp on major problems facing us today.
21. Ms. League is currently serving on the S.C. Council of the National Federation of Independent Businesses. This is a position she has held for five years and if it would be considered a "conflict of interest", she would resign her seat and give someone else the opportunity to replace her in that position.
22. Five (5) letters of recommendation:
Mr. C.C. Hutto, Jr. Mr. Max Heller
SCNB 220 North Main Street
P.O. Box 969 Suite #315
Greenville, SC 29602-0969 Greenville, SC 29601
Ms. Susan B. Hoag Ms. Deb Sofield
The First Savings Bank Perimeter Designs
P.O Box 408 P.O. Box 5353
Greenville, SC 29602-0408 Greenville, SC 29606-5353
Mr. Knox H. White
Haynsworth, Marion, McKay, Guerard
P.O. Box 2048
Greenville, SC 29602-2048
MS. BARBARA LEAGUE - EXAMINATION BY MR. GARRISON:
Q MS. LEAGUE, YOU'RE FROM GREENVILLE, SOUTH CAROLINA?
A YES.
Q AND YOU FILED A NOTICE OF INTENT TO SEEK ELECTION TO VACANCY NUMBER FOUR ON THE COMMISSION OF CONSUMER AFFAIRS?
A YES.
Q WHAT'S YOUR OCCUPATION?
A I'M EXECUTIVE VICE PRESIDENT OF G. F. LEAGUE MANUFACTURING IN GREENVILLE.
Q HAVE YOU EVER BEEN DISCHARGED FROM ANY EMPLOYMENT?
A NO.
Q DO YOU OWN ANY STOCKS OR BONDS THAT YOU FEEL WOULD AFFECT YOUR JUDGMENT IN THE ACTIONS ON THE CONSUMER AFFAIRS COMMISSION?
A NO.
Q DO ANY OF YOUR BUSINESSES HAVE CONTRACTS WITH THE STATE OR FEDERAL GOVERNMENT?
A NO.
Q DO YOU HAVE ANY BUSINESS OBLIGATIONS THAT WOULD PROHIBIT YOU FROM ATTENDING MEETINGS AND PUTTING IN THE NECESSARY TIME TO SERVE ON THE BOARD?
A NO.
Q DO YOU OR ANY MEMBER OF YOUR FAMILY HAVE ANY BUSINESS INTERESTS THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR HOLDING THIS OFFICE?
A NO.
Q ARE YOU OR ANY MEMBER OF YOUR IMMEDIATE FAMILY RELATED TO ANYONE ASSOCIATED WITH THE DEPARTMENT OF CONSUMER AFFAIRS?
A NO.
Q WOULD YOU ANSWER ANY QUESTIONS THAT THE CHAIRMAN AND ANY MEMBERS OF THE COMMITTEE HAVE FOR YOU, PLEASE.
A YES.
REPRESENTATIVE BROWN: HOW DID YOU FIND OUT?
A WELL, AS A MATTER OF FACT, BEFORE THE GREENVILLE NEWS, I WAS CONTACTED BY A MEMBER OF THE SOUTH CAROLINA COMMISSION ON WOMEN. THEN I SAW IT IN THE GREENVILLE NEWS.
SENATOR SALEEBY: ANY OTHER QUESTIONS OF ANY OF THE BOARD MEMBERS?
REPRESENTATIVE WHIPPER: I NOTICE THAT YOU HAVE ... YOU'RE QUITE ACTIVE.
A THAT CAME FROM EMPTY NEST SYNDROME.
REPRESENTATIVE WHIPPER: I WAS JUST WONDERING ABOUT THE TIME THAT IT WOULD TAKE TO SERVE ON THIS BOARD, DO YOU THINK THAT YOU WILL BE ABLE TO ...
A YES. IF I COMMIT TO ANY ORGANIZATION, THEN I WILL ATTEND MEETINGS.
REPRESENTATIVE BROWN: THERE ARE SOME STRONG RECOMMENDATIONS IN HERE. MAX HELLER AND KNOX WHITE.
A THEY'RE VERY GOOD FRIENDS.
SENATOR SALEEBY: IF THERE ARE NO FURTHER QUESTIONS, THANK YOU VERY MUCH.
A THANK YOU.
MR. GARRISON: MR. CHAIRMAN, THE LAST CANDIDATE WILL BE MR. RICHARD MOORE.
1. Richard C. Moore
Home Address: Business Address:
P.O. Box 606 P.O. Box 10023
Simpsonville, SC 29681 Greenville, SC 29603
2. He was born in Greenville, South Carolina, on September 30, 1953. He is presently 38 years old.
Social Security Number: ***-**-*****
4. Family Status: Single
6. He attended the University of South Carolina; B.A. (1971-1975); University of South Carolina Law School; J.D. (1975-1978).
8. Civic, charitable, religious, educational, social and fraternal organizations: Greenville Track Club; Golden Strip Runners Club; Simpsonville Rotary Club; Simpsonville Chamber of Commerce; Simpsonville First Baptist Church.
15. He is a sole practitioner of Law Firm (Richard C. Moore Attorney at Law, P.C.) He has been in practice for 13-1/2 years. 3-1/2 years with Riley & Riley and 10 years with Yarborough & Moore. He entered sole practice February 1992.
22. Five (5) letters of recommendation:
(a) James T. Miller, IV
James T. Miller and Associates
P.O. Box 9165, Greenville, SC 29604
(b) Richard R. Hilton
The Palmetto Bank
P.O. Box 728, Simpsonville, SC 29681
(c) Jennifer G. Black
45 Cammer Avenue, Greenville, SC 29601
(d) Linda Hendrix
105 Stone Hedge, Easley, SC 29642
(e) Carole D. Moede, Esq.
Greenville, SC 29603
MR. RICHARD MOORE - EXAMINATION BY MR. GARRISON:
Q MR. MOORE, YOU'RE FROM SIMPSONVILLE?
A THAT'S CORRECT.
Q YOU FILED NOTICE OF INTENT TO SEEK ELECTION TO VACANCY NUMBER FOUR ON THE COMMISSION OF CONSUMER AFFAIRS?
A YES, SIR.
Q AND YOU CURRENTLY HOLD THAT SEAT?
A YES, SIR.
Q WHAT'S YOUR OCCUPATION?
A I'M AN ATTORNEY.
Q HAVE YOU EVER BEEN DISCHARGED FROM ANY EMPLOYMENT?
A NO, SIR.
Q DO YOU HAVE ANY STOCKS OR BONDS OR ANY INTEREST IN ANY COMPANIES THAT YOU FEEL AFFECT OR COULD AFFECT YOUR ACTIONS ON THE COMMISSION?
A NO, SIR.
Q DOES YOUR BUSINESS HAVE ANY CONTRACTS WITH THE STATE OR FEDERAL GOVERNMENT?
A NO, SIR.
Q DO YOU HAVE ANY BUSINESS OBLIGATIONS THAT PROHIBIT YOU FROM ATTENDING MEETINGS OR PUTTING IN THE NECESSARY TIME, HAS THAT BEEN A PROBLEM FOR YOU?
A NO, SIR.
Q DO YOU HAVE ANY MEMBER OF YOUR FAMILY THAT HAS A BUSINESS INTEREST THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR HOLDING THIS OFFICE?
A NO, SIR.
Q AND OBVIOUSLY YOU'RE CONNECTED WITH THE DEPARTMENT OF CONSUMER AFFAIRS, AND OTHER FAMILY MEMBERS THAT HAVE ANY CONNECTION WITH THE DEPARTMENT OF CONSUMER AFFAIRS?
A NO, SIR.
Q PLEASE ANSWER ANY QUESTIONS THE CHAIRMAN OR ANY OTHER MEMBERS OF THE COMMITTEE HAVE FOR YOU.
SENATOR SALEEBY: MR. BROWN, I DON'T KNOW IF YOUR QUESTION WOULD APPLY IN THIS CASE.
A I DID SEE IT IN THE GREENVILLE NEWS, THOUGH.
SENATOR SALEEBY: HOW LONG HAVE YOU SERVED?
A TEN YEARS, SIR.
SENATOR SALEEBY: ANY OTHER QUESTIONS? THANK YOU SO MUCH. THANK ALL OF YOU FOR COMING, AND THE STAFF WILL NOTIFY YOU SOMETIME SOON BECAUSE THE ELECTION IS SCHEDULED TENTATIVELY FOR THE 27TH OF MAY. THAT DOESN'T MEAN THAT IT MIGHT NOT GET CAUGHT UP IN THE LEGISLATIVE PROCESS AND IT WON'T BE ON THE 27TH, BUT THAT'S WHAT WE'RE SHOOTING FOR. AND YOU CANNOT SEEK A PLEDGE OF SUPPORT UNTIL THE COMMITTEE HAS NOTIFIED YOU THAT YOU'VE BEEN APPROVED. THAT WOULD BE A VIOLATION OF BOTH SENATE AND HOUSE RULES TO DO SO. AFTER THAT, I GUESS EVERYTHING'S FAIR. THANK ALL OF YOU FOR COMING. AND I REALLY APPRECIATE YOU LADIES GETTING ORGANIZED AND TAKING OVER THE GOVERNMENT. THANK YOU VERY MUCH.
(THE CANDIDATES LEFT THE HEARING ROOM)
MS. MCQUEENEY: WE NEED TO PUT IN THE RECORD JOE LYLES' WRITTEN TESTIMONY.
SENATOR SALEEBY: THAT WILL BE DONE.
MR. GARRISON: MR. CHAIRMAN, IF IT MEETS WITH THE COMMITTEE'S APPROVAL, WE WILL DRAFT A MEMO AND TAKE IT AROUND FOR EVERYONE WHO PARTICIPATED TO REVIEW AND SIGN ...
SENATOR SALEEBY: THANK ALL OF YOU.
Continuation of Hearing to review candidates for the South Carolina Consumer Affairs Commission, taken on the 21st day of May, 1992, in Room 207 of the Gressette Building, Columbia, South Carolina, before Margaret R. Richardson, Certified Court Reporter and Notary Public for the State of South Carolina
MR. CHAIRMAN: SENATOR MCGILL MADE A MOTION TO GO INTO EXECUTIVE SESSION, AND THE MOTION CARRIED.
MR. CHAIRMAN: THE CHAIR WILL NOW ENTERTAIN A MOTION THAT WE INTRODUCE A RESOLUTION SETTING MAY 27TH AT NOON FOR THE ELECTION OF MEMBERS TO THE CONSUMER AFFAIRS COMMISSION, AND AT THE SAME TIME I AM QUALIFYING ROBERT J. LEOPARD FOR SEAT ONE; SEAT THREE, EDNA PAGE ANDERSON, LILLIAN C. BLOOM, JOSEPH S. LYLES; FOR SEAT FOUR, MARILYN HARRIS AND BARBARA B. LEAGUE AND RICHARD C. MOORE.
REPRESENTATIVE BAILEY: SO MOVED.
MR. CHAIRMAN: ALL IN FAVOR, SAY AYE.
MR. CHAIRMAN: THAT CARRIES UNANIMOUSLY.
(THERE BEING NOTHING FURTHER, THE HEARING ENDED AT 10:15 A.M.)
Having completed the investigation as required by the Act, the committee, by this report, respectfully submits its findings to the members of the General Assembly for their consideration.
This committee has investigated each of the applicants, conducted a public hearing on May 12, 1992, and duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds all of the nominees to be legally qualified as candidates for the South Carolina Consumer Affairs Commission.
Respectfully submitted,
/s/Senator Edward E. Saleeby, Chairman /s/Rep. George H. Bailey
/s/Senator Nikki Setzler /s/Rep. Grady A. Brown
/s/Senator John E. Courson /s/Rep. Carole C. Wells
/s/Senator J. Yancey McGill /s/Rep. Lucille S. Whipper
On motion of Rep. WELLS, the report was ordered printed in the journal.
Rep. G. BROWN moved that when the House adjourns it adjourn in memory of J. Rondeol Grantham, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 1497
Promulgated By Public Service Commission
Motor Carriers
Received By Speaker May 22, 1992
Referred to House Committee on Education and Public Works
120 day review expiration date September 19, 1992
Document No. 1517
Promulgated By Department of Consumer Affairs
Adjustment of Dollar Amounts
Received By Speaker May 22, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date September 19, 1992
The following was received from the Senate.
Columbia, S.C., May 21, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1141.
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
Very respectfully,
President
On motion of Rep. KEYSERLING, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. KEYSERLING, FAIR and SHARPE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 21, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 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.
Very respectfully,
President
No. 095
Received as information.
The following was received.
Columbia, S.C., May 21, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 418 (S. 1440), by a vote of 0 to 45.
(R418) S. 1440 -- Senator Holland: AN ACT 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.
Very respectfully,
President
No. 094
Received as information.
On motion of Rep. WELLS, with unanimous consent, the following was taken up for immediate consideration:
S. 1569 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE COMMISSION ON CONSUMER AFFAIRS FOR STATEWIDE VACANCIES, TO FILL THE TERMS WHICH WILL EXPIRE AS PROVIDED BY LAW.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 27, 1992, for the purpose of electing persons to serve on the State Commission on Consumer Affairs for statewide vacancies, to fill the terms which will expire as provided by law.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Bennett Boan Brown, H. Brown, J. Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corning Council Delleney Elliott, L. Fair Farr Foster Gonzales Harrelson Harris, J. Harris, P. Harvin Haskins Hodges Huff Hyatt Inabinett Jennings Keegan Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McGinnis McTeer Meacham Neilson Nettles Phillips Rama Rhoad Riser Rogers Ross Scott Sharpe Sheheen Shissias Smith Snow Stoddard Stone Taylor Tucker Vaughn Waites Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, May 26.
Dell Baker David M. Beasley Don Beatty Grady A. Brown Danny M. Bruce Gilda Cobb-Hunter Kenneth S. Corbett James L.M. Cromer, Jr. Dick Elliott John G. Felder Ronald C. Fulmer Larry E. Gentry Maggie W. Glover Harry M. Hallman James H. Harrison B. Hicks Harwell B.L. Hendricks, Jr. D.N. Holt, Jr. Williams S. Houck, Jr. Michael F. Jaskwhich James C. Johnson Kathleen G. Kempe Morgan Martin Joseph T. McElveen, Jr. Woodrow M. McKay E.B. McLeod, Jr. Richard M. Quinn, Jr. Irene K. Rudnick James "Bob" Shirley C. Lenoir Sturkie Dave C. Waldrop, Jr. Timothy C. Wilkes Roger M. Young
LEAVE OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
I missed roll call because I was out in the Lobby with Mr. McManus and his petitions from 270,000 people asking for insurance reform.
Rep. KATHLEEN KEMPE
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4878 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1991-92 SCHOOL YEAR, PACOLET ELEMENTARY SCHOOL LOCATED IN SPARTANBURG COUNTY SCHOOL DISTRICT THREE IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP, AS A RESULT OF A FIRE AT THE SCHOOL.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4879 -- Reps. L. Martin, Phillips and Jennings: A JOINT RESOLUTION TO EXEMPT CERTAIN OUTDOOR ADVERTISING SIGNS FROM REMOVAL AND PENALTIES FOR ONE HUNDRED TWENTY DAYS IN ORDER TO ALLOW PERMITS TO BE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO AMEND SECTION 57-25-140, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO EXEMPT TEMPORARY AGRICULTURAL, POLITICAL, AND SPECIAL EVENT SIGNS FROM PERMIT REQUIREMENTS.
Rep. L. MARTIN moved to waive Rule 5.12, which was agreed to by a division vote of 19 to 0.
On motion of Rep. L. MARTIN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4880 -- Rep. Baxley: A BILL TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4881 -- Reps. Boan, H. Brown, Kirsh, Foster, Meacham, Carnell, McAbee, Hyatt and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE THE NAME OF THE AUTHORIZATION FOR THE YORK COUNTY TECHNICAL COLLEGE.
Rep. BOAN moved to waive Rule 5.12, which was agreed to by a division vote of 32 to 0.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 891 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.
On motion of Rep. KENNEDY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1531 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.
On motion of Rep. KINON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1561 -- Senators Rose and Matthews: A BILL TO PROVIDE THAT THE BOARD OF EDUCATION OF DORCHESTER COUNTY IS ABOLISHED UPON THE ELECTION AND QUALIFICATION OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 AND PROVIDE THAT UPON DISSOLUTION, THE DUTIES AND RESPONSIBILITIES OF THE BOARD ARE DEVOLVED ON THE ELECTED BOARD OF TRUSTEES OF THE RESPECTIVE SCHOOL DISTRICTS IN DORCHESTER COUNTY; AND TO PROVIDE THAT UNTIL THE ELECTION AND QUALIFICATION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4, THE BOARD IS PROHIBITED FROM INCURRING ANY TYPE OF INDEBTEDNESS OR ENTERING INTO ANY TYPE OF LEASE-BACK OR LEASE-PURCHASE AGREEMENT INVOLVING REAL PROPERTY WITH A PUBLIC OR PRIVATE ENTITY WHERE THE DISTRICT IS THE LESSEE.
On motion of Rep. G. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4882 -- Rep. Cato: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY TO THE FAMILY OF JAMES GARY BATSON OF TRAVELERS REST UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. ROSS moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.
H. 4870 -- Reps. Ross and T.C. Alexander: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS FOR A TERM OF FOUR YEARS AND TO PROVIDE FOR THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED; TO PROVIDE FOR THE MANNER IN WHICH THE CHAIRMAN OF THE OCONEE COUNTY BOARD OF EDUCATION SHALL BE SELECTED; AND TO DELETE CERTAIN PROVISIONS OF ACT 383 OF 1961, RELATING TO THE ELECTION OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.
H. 4877 -- Reps. Phillips and McCraw: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4825 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HEALTH EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.
H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSING EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1417, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4843 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO 9-1-1 LOCAL EMERGENCY TELEPHONE SERVICES SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.
Rep. A. YOUNG moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.
H. 4873 -- Reps. Gonzales, D. Williams, H. Brown, G. Bailey, Whipper, Hallman, Fulmer, R. Young, Holt, Rama, D. Martin, Barber, A. Young, J. Bailey, Wofford, J. Williams and Inabinett: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE TRIDENT ECONOMIC DEVELOPMENT FINANCE AUTHORITY, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING.
Rep. BENNETT moved to adjourn debate upon the following Bill until Thursday, June 4, 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.
The following Bill was taken up.
H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 21, by the Committee on Education and Public Works.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, May 27, which was adopted.
S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3900.AL), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-5015 of the 1976 Code is amended to read:
"Section 56-5-5015. (A) No person may operate a motor vehicle that is required to be registered in this State on any public highway, road, or street that has a sunscreen device on the windshield, the front side wings, and side windows adjacent to the right and left of the driver and windows to the rear of the driver that do not meet the requirements of this section. If no after factory installed sunscreen device has been added to the window surface, the provisions of this section regarding light transmittance do not apply.
(B) A sunscreening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow, or amber in color. A sunscreening device may be used only along the top of the windshield and may not extend downward beyond the ASI1 line or more than five inches from the top of the windshield whichever is closer to the top of the windshield. If the AS1 line is not visible, no sunscreening device may be applied to the windshield.
(C) A single sunscreening device when used in conjunction with the safety glazing materials of may be installed on the side wings or side windows, or both, located at the immediate right and left of the driver and the side windows behind the driver. The sunscreening device must be nonreflective and have the combined light transmission of the sunscreening device with the factory or manufacturer installed sunscreening material must not be of not less than thirty-five twenty-seven percent.
(D) (1) A sunscreening device when used in conjunction with the safety glazing of to be applied to the rear-most window must be nonreflective and have a light transmission of not less than twenty percent, if. If a sunscreening device is used on the rear-most window, one right and one left outside rearview mirror is provided required.
(2) Beginning January 1, 1993, a single sunscreening device to be applied to the rear-most window must be nonreflective and the combined light transmission of the sunscreening device with the factory or manufacturer installed sunscreening material must not be less than twenty-seven percent. If a sunscreening device is used on the rear-most window, one right and one left outside rearview mirror is required.
(3) A motor vehicle with a sunscreening device which complied with the requirements of item (1) at the time of installation is not considered to be in violation of this section on January 1, 1993, so long as the original sunscreen device is in place.
(E) Sunscreen devices offered for sale or use in South Carolina must:
(1) bear a certification of the department that it is in compliance with the reflectivity and transmittance requirements of this section;
(2) bear a label not to exceed two square inches in size, with a means for the permanent and legible installations between the sunscreening material and each glazing surface to which it is applied that contains the installer's name, address, and telephone number and its percentage of light transmission;
(3) include instructions with the product or material for proper installations, including the affixing of the label specified in this section. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle from the outside. Each vehicle equipped with an after-factory sunscreening device, whether installed by a consumer or professional window tinter, at all times must bear a certificate of compliance. The certificate of compliance must be of a size and form prescribed by the department. Each certificate of compliance must be properly attached to the vehicle on the inside and lower right hand corner of each window containing an after factory installed sunscreen device and must contain the following information:
(1) the percentage of light transmission allowed by the sunscreening device;
(2) the identity of the installer by name, address, and telephone number; and
(3) date of installation.
(F) Sunscreening devices offered for sale or use in South Carolina must include instructions with the product or material for proper installation. The manufacturer of the sunscreen device offered for sale or use in South Carolina must provide the certificate of compliance specified in subsection (E) and instructions for affixing it to the sunscreen device.
(F) (G) No person may:
(1) offer for sale or for use any sunscreening product or material for motor vehicle use not in compliance with this section;
(2) install any sunscreening product or material on vehicles intended titled for use on public roads without permanently affixing the label certificate of compliance specified in this section.
A professional window tinter who violates the provisions of subsections (E) or (G) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than thirty days, or both, for each offense. A consumer who violates the provisions of subsection (E) or (G) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be fined not less than two hundred dollars or imprisoned not more than thirty days for each offense.
(G) (H) The provisions of this section do not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in the motor vehicle at all times during its operation, and must be produced at the request of a law enforcement officer. The affidavit must be updated every two years.
(H) (I) The light transmittance requirement of this section applies to windows behind the driver on pickup trucks, but does not apply to windows behind the driver on other trucks, buses, trailers, mobile homes, and multipurpose passenger vehicles, and recreational vehicles.
(I) (J) As used in this section:
(1) 'Sunscreening device' means a film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.
(2) 'Light transmission' means the ratio of the amount of total visible light to pass through a product or material to the amount of the total light falling on the product or material.
(3) 'Luminous reflectants reflectant' means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials.
(4) 'Nonreflective' means a product or material primarily designed to absorb light rather than to reflect it.
(5) 'Passenger car' means a vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, designed for carrying ten persons or less.
(6)(5) 'Multipurpose passenger vehicle' means a motor vehicle with motive power, except a trailer designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.
(7)(6) 'Motor homes home' means a vehicular units unit designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis.
(8)(7) 'Truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.
(9)(8) 'Bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons.
(10)(9) 'Manufacturer' means any a person engaged in the manufacturing or assembling of sunscreening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun. (10) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes, and is used solely as a family/personal conveyance.
(11) 'AS1' means a glazing material position marking as defined in 49 Code of Federal Regulations, Section 571.205, Subsection S5.1.1.
(12) 'Trailer' means every vehicle without motive power designed to carry persons or property, and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(13) 'Professional window tinter' means a person who installs sunscreening devices for profit.
(J) (K) Any A person violating who owns or operates a motor vehicle in violation of the provisions of this section is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.
(L) The department shall promulgate regulations prescribing enforcement including, but not limited to, the procedure and mechanism for testing light transmittance. Inspection stations must not be required to test light transmittance for purposes of enforcement of this section."
SECTION 2. This act takes effect sixty days after approval by the Governor./
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4616 -- Reps. Wright, Keegan, Hallman, Harrison, Inabinett, Keyserling, Mattos, Jaskwhich, Riser, Canty, Quinn, A. Young, Council, L. Martin and Manly: A BILL TO AMEND TITLE 57, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3838.AL).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 23 of Title 57 of the 1976 Code is amended by adding:
Section 57-23-100. There is created a Scenic Highways Committee composed of five members. The members are the executive director of the South Carolina Department of Highways and Public Transportation or his designee; the executive director of the South Carolina Wildlife and Marine Resources Department or his designee; the director of the South Carolina Department of Archives and History or his designee; the executive director of the South Carolina Department of Parks, Recreation and Tourism; and a representative of the outdoor advertising industry appointed by the Governor. If a department director selects a designee, he must be an employee from that department. The members serve for four years and until their successors are appointed and qualify. The members must not receive any per diem or mileage.
Section 57-23-101. The chairman of the committee is the executive director of the South Carolina Department of Parks, Recreation and Tourism. The committee must meet upon the call of the chairman. The committee must formulate criteria for a scenic highway. In developing the criteria, the committee must consider the aesthetic, scenic, cultural, and historic significance of the road and area. A majority of the members present constitute a quorum for purposes of conducting business.
Section 57-23-102. A written request for designating a scenic highway must be sent to the executive director of the South Carolina Department of Highways and Public Transportation, who shall forward the request to other members of the committee. The committee must review the request and make a recommendation based upon the criteria established by it to the highway department regarding the request. A majority of the members may call for a public hearing to be held at the location where the scenic highway is proposed.
Section 57-23-103. The South Carolina Department of Highways and Public Transportation is authorized to designate any road as a scenic highway. This designation must be made upon recommendation by the Scenic Highways Committee with approval by the General Assembly."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. ALTMAN explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 27, which was adopted.
The following Bill was taken up.
H. 4306 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 21, by the Committee on Judiciary.
Rep. CROMER explained the amendment.
Rep. ROSS objected to the Bill.
Rep. CROMER continued speaking.
Rep. CHAMBLEE objected to the Bill.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 21, by the Committee on Education and Public Works.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3594 -- Reps. Cromer, Keegan, Corbett, Baker, Kempe, Vaughn, Cork, J. Bailey, Barber, Waites, J.C. Johnson, A. Young, Rama, L. Elliott, Meacham and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.
Reps. CROMER and CATO proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8638.BD).
Amend the joint resolution, as and if amended, by striking SECTIONS 1, 2, 3, and 4, beginning on page 1 and line 40, and inserting:
/SECTION 1. Section 2, Article III of the Constitution of South Carolina, 1895, is amended to read:
"Section 2. The House of Representatives shall must be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as provided in this Constitution is provided.
A member of the House may not serve more than three consecutive four-year terms. A member serving on the effective date of the ratification of the provision in this section limiting the number of terms a member may serve may serve his current term and three consecutive new terms immediately following."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 2, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that House members may serve only three consecutive four-year terms and to provide that House members serving when this provision is ratified into law may complete the term which they currently are serving plus three consecutive new terms?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. Section 6, Article III of the Constitution of South Carolina, 1895, is amended to read:
"Section 6. The Senate shall must be composed of one member chosen from each County senatorial election district established by law, to be elected for the term of four six years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
A member of the Senate may not serve more than two consecutive six-year terms. A member serving on the effective date of the ratification of the provision in this section limiting the number of terms a Senator may serve may serve his current term and two consecutive new terms immediately following."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 6, Article III of the Constitution of this State relating to the Senate be amended so as to provide that Senators may serve only two consecutive six-year terms and to provide that Senators serving when this provision is ratified into law may complete the term which they currently are serving plus two consecutive new terms?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Reps. CARNELL, McABEE, ROSS, RHOAD and McLEOD objected to the Joint Resolution.
The following Bill was taken up.
H. 4592 -- Reps. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3918.AL), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-726. It is unlawful for a person wilfully to make and subscribe a document, statement, or return which is filed with a state or local government, or any of its departments or agencies, that is verified by a written declaration made under the penalty of perjury, and which the person does not believe to be true and correct as to every material matter. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.
Section 16-17-727. It is unlawful for a person knowingly to make or present to a state or local government, or any of its departments or agencies, a false, fictitious, or fraudulent claim against the governmental entity. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.
Section 16-17-728. (A) In any matter within the jurisdiction of a state or local government or any of its departments or agencies, it is unlawful for a person knowingly or wilfully to:
(1) falsify or conceal, by trick, scheme, or device, a material fact; or
(2) make any false, fictitious, or fraudulent statement, representation, or document.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.
Section 16-17-729. All government forms, documents, statements, or returns that require a person to provide information to a state or local government agency must contain a statement in heavy black boldface print of at least one point size larger than the print otherwise used on the form, document, statement, or return that a false or fraudulent statement made by a person pursuant to Sections 16-17-726 to 16-17-728 is a misdemeanor and, upon conviction, the person must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both."
SECTION 2. Section 16-17-725 of the 1976 Code is amended to read:
"Section 16-17-725. (A) It is unlawful for any a person to knowingly to:
(1) make a false complaint, or after notice of a criminal investigation to give false information to any a law enforcement officer concerning the alleged commission of any a crime by another, or for any person to knowingly after notice of a criminal investigation;
(2) give false information to any a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire;
(3) give false information to a state regulatory agency after notice of a regulatory investigation.
(B) Any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed more than two one hundred thousand dollars or by a term of imprisonment imprisoned not to exceed more than thirty days, or both."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 4883 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1273, RELATING TO THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT, FOR SECOND READING OR OTHER CONSIDERATION FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON TUESDAY, MAY 26, 1992, AND TO PROVIDE, FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1273 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1273, relating to the South Carolina Energy Conservation and Efficiency Act, is set by special order for second reading or other consideration following the call of the second reading uncontested calendar on Tuesday, May 26, 1992, and to provide, following the call of the second reading uncontested calendar on each legislative day, for the continuing special order consideration of S. 1273 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. QUINN moved that the House recede until 2:30 P.M.
Rep. FARR moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Delleney Farr Harris, P. Harvin Hodges Kirsh McGinnis McLeod Phillips Rogers Ross Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Baxley Brown, G. Brown, H. Bruce Burch, K. Byrd Canty Cato Chamblee Clyborne Corbett Council Cromer Fair Felder Fulmer Gonzales Hallman Harris, J. Harrison Haskins Hendricks Holt Houck Huff Inabinett Jaskwhich Johnson, J.C. Keegan Kempe Keyserling Kinon Klapman Koon Littlejohn Marchbanks Martin, L. Martin, M. McCraw McElveen McKay McTeer Meacham Quinn Rama Riser Rudnick Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Tucker Vaughn Waites Waldrop Whipper Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The question then recurred to the motion that the House recede until 2:30 P.M.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bennett Brown, G. Burch, K. Canty Carnell Chamblee Elliott, L. Harrison Harvin Hendricks Hodges Houck Inabinett Marchbanks Martin, L. Martin, M. McKay McLeod Quinn Riser Ross Shirley Snow Taylor Waldrop Williams, D. Williams, J. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Baker Barber Baxley Boan Bruce Byrd Cato Clyborne Corning Council Cromer Delleney Fair Farr Felder Gonzales Harris, J. Harris, P. Haskins Holt Huff Hyatt Jennings Johnson, J.C. Keegan Keyserling Kirsh Klapman Koon Lanford Littlejohn Mattos McCraw McGinnis McTeer Neilson Phillips Rama Rogers Rudnick Sharpe Sheheen Shissias Smith Stoddard Stone Sturkie Vaughn Waites Whipper Wilder Wilkins Wofford Wright Young, A.
So, the House refused to recede.
Rep. McTEER moved to waive Rule 6.1, which was rejected.
Rep. HASKINS proposed the following Amendment No. 1, which was ruled out of order.
Amend the Resolution by striking all after the enacting words and adding:
/Be it resolved by the House of Representatives that S. 1273 (relating to the enactment of the Energy Conservation and Efficiency Act of 1992) shall be set by special order for second reading or other consideration immediately following the Call of the Statewide Uncontested on May 26, 1992, and continuing each day thereafter following the Call of the Third Reading Statewide Uncontested Calendar until disposed of by third reading or otherwise; and the S. 1327 (relating to the extension of the Barnwell Nuclear Waste Facility) shall be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 1273, and continuing each day thereafter immediately following the Call of the Third Reading Statewide Uncontested Calendar until third reading or other disposition./
Amend title to conform.
Rep. HASKINS was recognized.
Rep. McTEER raised the Point of Order that Amendment No. 1 was out of order in compliance with Rule 6.3 in that all requests for setting Bills for Special Order have to go through the Rules Committee and get a two-thirds vote and this had not. He further stated that no amendments may be offered to a resolution setting a Bill for Special Order which do not pertain to the subject of the Resolution.
Rep. HASKINS argued contra the Point in stating that his Amendment did pertain to the Bill which was being considered for Special Order.
The SPEAKER stated that the Amendment was out of order and he sustained the Point of Order and ruled the Amendment out of order.
Rep. HASKINS proposed the following Amendment No. 2.
Amend the Resolution by striking all after the enacting words and adding:
/Be it resolved by the House of Representatives that S. 1273 (relating to the enactment of the Energy Conservation and Efficiency Act of 1992) shall be set by special order for second reading or other consideration immediately following second reading or other consideration of S. 1327 (relating to the extension of the Barnwell Nuclear Waste Facility) and continuing each day thereafter following the Call of the Third Reading Statewide Contested Calendar until disposed of by third reading or otherwise./
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Boan Brown, G. Brown, J. Burch, K. Byrd Canty Cromer Delleney Elliott, L. Farr Harrelson Harris, J. Harvin Hodges Houck Hyatt Inabinett Jennings Johnson, J.C. Kempe Keyserling Kinon Kirsh Martin, D. Martin, M. Mattos McCraw McElveen McLeod McTeer Neilson Phillips Quinn Rogers Rudnick Scott Sheheen Shirley Sturkie Taylor Tucker Waites Waldrop Whipper Wilkins Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, G. Baker Bennett Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McKay Meacham Rama Rhoad Riser Ross Sharpe Shissias Smith Snow Stoddard Stone Vaughn White Wilder Wilkes Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. McELVEEN raised the Point of Order that 1:00 P.M. having arrived and in accordance with Rule 6.1, the House should stand in recess until 2:15 P.M.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 2.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following House Resolution, the pending question being the consideration of Amendment No. 2.
H. 4883 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1273, RELATING TO THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT, FOR SECOND READING OR OTHER CONSIDERATION FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON TUESDAY, MAY 26, 1992, AND TO PROVIDE, FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1273 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1273, relating to the South Carolina Energy Conservation and Efficiency Act, is set by special order for second reading or other consideration following the call of the second reading uncontested calendar on Tuesday, May 26, 1992, and to provide, following the call of the second reading uncontested calendar on each legislative day, for the continuing special order consideration of S. 1273 until third reading or other disposition.
Rep. HASKINS proposed the following Amendment No. 2, which was rejected.
Amend the Resolution by striking all after the enacting words and adding:
/Be it resolved by the House of Representatives that S. 1273 (relating to the enactment of the Energy Conservation and Efficiency Act of 1992) shall be set by special order for second reading or other consideration immediately following second reading or other consideration of S. 1327 (relating to the extension of the Barnwell Nuclear Waste Facility) and continuing each day thereafter following the Call of the Third Reading Statewide Contested Calendar until disposed of by third reading or otherwise./
Amend title to conform.
Rep. STURKIE spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baker Brown, H. Brown, J. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Haskins Holt Huff Keegan Kennedy Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Phillips Rama Riser Ross Sharpe Shissias Smith Snow Stoddard Stone Vaughn Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Burch, K. Byrd Canty Carnell Cobb-Hunter Cromer Delleney Elliott, L. Farr Foster Gentry Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Johnson, J.C. Kempe Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Rogers Rudnick Scott Sheheen Shirley Sturkie Tucker Waites Wells Whipper Williams, D. Williams, J.
So, the amendment was rejected.
The question then recurred to the adoption of the Resolution.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Burch, K. Byrd Canty Carnell Cobb-Hunter Corbett Cromer Delleney Elliott, L. Fair Farr Foster Gentry Hallman Harrelson Harris, J. Harwell Hodges Holt Houck Hyatt Inabinett Jennings Johnson, J.C. Kempe Keyserling Kinon Martin, D. Mattos McAbee McCraw McElveen McTeer Meacham Neilson Nettles Phillips Rhoad Riser Rogers Rudnick Scott Sheheen Shirley Snow Sturkie Taylor Tucker Waites Whipper Williams, D. Williams, J. Wright
Those who voted in the negative are:
Anderson Bailey, G. Baker Brown, H. Brown, J. Bruce Cato Chamblee Clyborne Cooper Council Felder Fulmer Gonzales Haskins Huff Jaskwhich Keegan Kennedy Kirsh Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay McLeod Rama Ross Sharpe Shissias Smith Stoddard Stone Vaughn White Wilder Wilkins Wofford Young, A. Young, R.
So, the Resolution was adopted.
The following Joint Resolution was taken up.
H. 3424 -- Reps. Cato, A. Young, Fulmer, Cooper, Baker, Jaskwhich, Vaughn, Clyborne, R. Young, Hallman, M.O. Alexander, Cork, McKay, Manly, Haskins, Wright, Littlejohn, Barber, Meacham, Kempe and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY NOT SERVE MORE THAN SIX CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING AND FOR A PERSON WHO SUBMITS A PETITION SIGNED BY TWENTY-FIVE PERCENT OF THE ELECTORS IN THE AREA FROM WHICH THE PERSON IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III, OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE SENATE MAY NOT SERVE MORE THAN THREE CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING AND FOR A PERSON WHO SUBMITS A PETITION SIGNED BY TWENTY-FIVE PERCENT OF THE ELECTORS IN THE AREA FROM WHICH THE PERSON IS ELECTED.
Rep. McTEER moved to adjourn debate upon the Joint Resolution until Tuesday, June 2.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, G. Burch, K. Carnell Delleney Foster Gentry Harrelson Hodges Inabinett Kirsh Martin, L. Martin, M. McAbee McKay McLeod McTeer Rogers Ross Rudnick Snow Stone Tucker Whipper Wilder Williams, D. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Baxley Beatty Bennett Brown, H. Bruce Byrd Cato Chamblee Clyborne Cobb-Hunter Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harrison Harwell Haskins Holt Houck Huff Hyatt Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Lanford Littlejohn Marchbanks Martin, D. McCraw McElveen McGinnis Meacham Neilson Nettles Phillips Quinn Rama Riser Scott Sheheen Shissias Smith Stoddard Taylor Vaughn Waites Wells Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn debate.
Reps. CARNELL, GENTRY, McABEE, McLEOD and HARRELSON objected to the Joint Resolution.
The following Bill was taken up.
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.
Rep. WILKINS explained the Bill.
Rep. WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3966.AL).
Amend the bill, as and if amended, Section 16-13-420, SECTION 1, page 2, line 1, by striking /five/ and inserting /three/.
Amend further by striking SECTION 2 and inserting:
/SECTION 2. The Code Commissioner is authorized to add all crimes and offenses enacted by the General Assembly to the appropriate classification list as established by H. 3400 of 1992 as enacted by the General Assembly.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.
The following Bill was taken up.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Reps. STURKIE, WILKES, CORBETT, MANLY and COUNCIL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2745.AC), which was adopted.
Amend the bill, as and if amended, by deleting beginning on page 7, line 1, Section 48-52-420 and inserting:
/Section 48-52-420. In carrying out the purposes of the Plan for State Energy Policy, the State Energy Office shall:
(1) provide, in cooperation and conjunction with the Governor's Office, informational and technical assistance programs to assist with residential, commercial, governmental, industrial, and transportation conservation and efficiency and to encourage the use of renewable indigenous energy resources;
(2) promote, in conjunction with the South Carolina Energy Research and Development Center and the Governor's Office, continued and expanded energy research and development programs geared toward the energy needs of the State;
(3) evaluate and certify energy conservation products in cooperation with the South Carolina Energy Research and Development Center;
(4) in cooperation with the Governor's Office and other appropriate entities, examine and consider the desirability and feasibility of mechanisms for tax incentives, low-interest loans, and other financing means for cost-effective energy consideration and efficiency and use of renewable and indigenous energy resources, and advocate their implementation when deemed appropriate;
(5) work with the Public Service Commission and other groups to promote appropriate financial incentives for electric and gas utilities to maximize the use of cost-effective demand-side options in meeting future energy needs;
(6) promote the adoption and use of energy efficient building codes and certification procedures for builders, heating and cooling specialists, and building inspectors;
(7) promote energy efficiency in manufactured housing;
(8) promote the use of less-polluting transportation fuels, public transportation and other transportation alternatives, higher mileage and less-polluting vehicles, and work with state and local entities through policy development, planning, and advocacy to encourage reduction in the need for vehicle travel;
(9) ensure that state government agencies establish comprehensive energy efficiency plans and become models for energy efficiency in South Carolina, and assist the Department of Education in achieving energy efficiency in public schools;
(10) collect currently published and publicly available energy data and provide energy information clearinghouse functions in conjunction with the Governor's Office, and conduct long-range energy planning;
(11) assist the Governor's Office and the General Assembly in assessing the public economic and environmental interest on issues related to energy production, transportation, and use and provide information on the public interest in appropriate forums./
Amend further, PART II, SECTION 1, Section 48-52-440(10) & (11), page 9, by deleting on line 5 and 6 /one representative/ and inserting /two representatives/.
Amend further, PART II, SECTION 1, Section 48-52-440, page 9, by deleting lines 13 through 15 and inserting:
/(14) one at-large member appointed by the Governor./
Amend further, PART II, SECTION 1, Section 48-52-440, page 9, beginning on line 19, by deleting /eligible for reimbursement for travel, lodging, and meals/ and inserting /not eligible for per diem payments or for reimbursement for lodging or meals/.
Amend further, PART II, SECTION 1, Section 48-52-450, page 9, line 35, by deleting /administratively shall consolidate/ and inserting /shall encourage consolidating/.
Amend further, PART II, SECTION 1, Section 48-52-620(B), page 10, by deleting the last sentence beginning on line 15 and inserting: /Metering must be installed by the agency responsible for the utility bill for the building by December 31, 1994. Payment may be made from the agency's utility budget./
Amend further, PART II, SECTION 1, Section 48-52-620(C), page 10, line 21, by adding at the end of the subsection:
/These reports may not be required before January 1, 1993./
Amend further, PART II, SECTION 1, Section 48-52-630, page 10, line 43, by inserting /full/ before /amount/.
Amend further, PART II, SECTION 1, by deleting Section 48-52-690 on page 14 in its entirety./
Amend further, PART II, SECTION 2, page 15, by deleting on line 5 /, to the extent possible/.
Amend further, PART III, beginning on page 15, by deleting Section 2 and inserting:
/SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to read:
"(d) Notwithstanding the provisions of subsection (a) of this section, in one and two family dwellings double pane or storm windows must be used for window glass and in the case of ceilings, exterior walls, and floors with crawl space, and heating and air conditioning duct work, in one and two-family dwellings, the determination of the minimum thermal resistance ratings (R-value) shall must be:
(1) Ceilings shall be R-19 R-30 for ceilings, except for ceiling/roof combinations, which must be R-19;
(2) Exterior walls shall be R-11 R-13 for exterior walls;
(3) Floors with crawl space shall be R-11 R-19 for floors with crawl space;
(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.
Nothing in this subsection shall may be construed to inhibit utilization of higher minimum thermal ratings.
To facilitate the affordability of purchases of housing, minimum thermal resistance ratings of R-19 for ceilings and R-11 for floors may be used provided the builder discloses the insulation levels to the buyer. The disclosure must be on a form available from the South Carolina Residential Builders Commission and a copy must be submitted to the commission which must keep it for thirteen years."/
Amend further, PART IV, SECTION 1, Section 58-37-20, page 19, line 3, by deleting /and/or/ and inserting /and/; line 4, by deleting /needs/ and inserting /consumption or demand/; line 14, by deleting /a/ before /specific/; and lines 15 and 17, by deleting /measure/ and inserting /measures/.
Amend further, PART IV, SECTION 1, Section 58-37-40(B), page 21, line 17, by deleting /wherever/ and inserting /whenever/.
Amend further, PART IV, SECTION 1, Section 58-37-40(F), page 22, line 4, by deleting /six/ and inserting /eighteen/.
Amend further, PART V, SECTION 2, page 23, Section 1-11-310(F), by adding at the end:
/Requirements in subsection (B) do not apply to the State Development Board and the Coordinating Council for Economic Development./
Amend further, PART V, SECTION 2, Section 1-11-310(F), page 23, by deleting beginning on line 32 /Budget and Control Board/ and inserting /director of the Division of Motor Vehicle Management/.
Amend further, PART V, by deleting on page 26 Sections 9 and 10 in their entirety.
Amend further, PART V, SECTION 11, page 26, beginning on line 25, by deleting /at least ninety percent of the population all of the qualified electorate/ and inserting:
/at least ninety percent of the population/.
Amend further, PART V, SECTION 11, page 27, beginning on line 5, by deleting /all of the qualified electorate/ and inserting /at least ninety percent of the population/.
Amend further, PART V, by adding an appropriately numbered Section immediately after Section 11 to read:
/SECTION ( ) Section 58-25-30, as last amended by Act 625 of 1988, is further amended by adding an appropriately numbered item to read:
"( ) For fiscal years after creation of a regional transportation authority, the governing bodies of the cities and counties within the service area of the authority publicly must make available information regarding the portion of their budgets which is devoted to the financial support of the authority and the estimated portion of any revenue source which would be utilized to support the authority."/
Amend further, by deleting Section 58-25-50, SECTION 14, PART V, page 29, and inserting:
/SECTION 14. Section 58-25-50 of the 1976 Code is amended by adding at the end:
"The authority or other authorized regional transportation organization, in conjunction with all other organizations providing public transportation in the service area, shall prepare and produce a plan to coordinate public transportation services provided by each entity utilizing state funds or funds administered by the State to ensure that resources are being used in the most efficient and cost-effective manner. The coordinated transportation plan must maintain the provision, type, and level of assistance to individuals at least equal in quality to that provided by the human service transportation providers in the service area. The failure of an entity providing these services to comply with the coordinated plan must be reported by the authority or the service provider to the appropriate state agencies or funding authorities which administer, contract, grant, approve, or appropriate funds for services. Transportation resources presently owned by or under contractual agreement of the service provider must remain under the authority of the service provider."/
Amend further, PART V, by deleting SECTION 15 and inserting:
/SECTION 15. Section 58-25-60 of the 1976 Code is amended by adding at the end:
"Property tax revenue must not be used to support operation of the authority unless the authority has been approved by referendum pursuant to Section 58-25-30. In areas with Regional Transportation Authorities in existence on the effective date of this act, a vehicle registration fee increase for the purpose of financing a Regional Transportation Authority must be approved in referendum by a majority of the electorate in the area to which the vehicle registration fee increase would apply."/
Amend further, PART V, Section 16, page 32, line 24, by deleting /; and/ and inserting /./; and by deleting beginning on line 25, item (6) in its entirety.
Amend further, PART V, Section 16, page 32, line 35, by inserting /additional/ before /expense/.
Amend further, PART V, Section 18, page 35, by deleting the last sentence beginning on line 19, and inserting: /By March 1, 1993, the Division of Motor Vehicle Management must submit a plan to the General Assembly for the use of alternative transportation fuels for the state vehicle fleet that will enable the state vehicle fleet to serve as a model for corporate and other government fleets in the use of alternative transportation fuel. This plan must contain a cost/benefit analysis of the proposed changes./
Renumber sections to conform.
Amend title to conform.
Rep. STURKIE explained the amendment.
The amendment was then adopted by a division vote of 66 to 29.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2764.AC), which was adopted.
Amend the bill, as and if amended, Section 48-52-440, page 9, line 32, by inserting /Members shall adopt rules governing meeting attendance and abide by these rules./ after /office./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\2766.AC), which was adopted.
Amend the bill, as and if amended, Section 48-52-620, page 10, beginning on line 7, by deleting /and public school district/.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Reps. STURKIE and QUINN spoke against the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. HUFF spoke in favor of the amendment.
The SPEAKER granted Rep. McTEER a leave of absence for the remainder of the day.
Rep. HUFF continued speaking.
Rep. KIRSH spoke in favor of the amendment.
Rep. STURKIE spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
The SPEAKER granted Rep. SCOTT a temporary leave of absence.
Rep. HASKINS continued speaking.
Rep. STURKIE moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Burch, K. Byrd Cobb-Hunter Cromer Farr Gentry Harris, J. Harvin Harwell Hodges Houck Inabinett Jennings Kempe Keyserling Kinon Martin, D. Martin, M. Mattos Nettles Quinn Riser Rogers Rudnick Sheheen Snow Sturkie Waites Whipper Wilkes Williams, D. Wright
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, G. Baker Beasley Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Council Delleney Elliott, L. Fair Felder Foster Fulmer Gonzales Hallman Harrison Haskins Holt Huff Hyatt Jaskwhich Johnson, J.C. Keegan Kennedy Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCraw McGinnis McKay McLeod Meacham Phillips Rama Ross Sharpe Shirley Shissias Smith Stoddard Stone Tucker Vaughn Waldrop Wells White Wilder Wilkins Williams, J. Wofford Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HASKINS moved to table the Bill.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Brown, J. Bruce Carnell Chamblee Clyborne Cooper Council Elliott, L. Felder Fulmer Glover Gonzales Haskins Huff Jaskwhich Johnson, J.C. Keegan Kennedy Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. McGinnis McLeod Rama Riser Ross Sharpe Shirley Smith Stoddard Stone Vaughn Wells White Wilder Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Corbett Cromer Delleney Farr Foster Gentry Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Hyatt Inabinett Jennings Kempe Keyserling Kinon Koon Martin, D. Martin, M. Mattos McAbee McCraw McKay Meacham Neilson Nettles Phillips Quinn Rogers Rudnick Scott Sheheen Shissias Snow Sturkie Tucker Waites Waldrop Whipper Wilkes Williams, D. Williams, J. Wright
So, the House refused to table the Bill.
Rep. KIRSH proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BR1\2767.AC).
Amend the bill, as and if amended, Section 48-52-620, page 10, lines 12-17, by deleting subsection (B) in its entirety.
Renumber to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. VAUGHN moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays.
Rep. SNOW raised the Point of Order that the motion was out of order as the member was not at his desk.
The SPEAKER sustained the Point of Order.
The motion to adjourn was then agreed to.
Further proceedings were interrupted by adjournment, the pending question being the consideration of Amendment No. 6, Rep. KIRSH having the floor.
At 3:55 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of J. Rondeol Grantham, to meet at 10:00 A.M. tomorrow.
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