Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord our God, Who sees tomorrow clearer than we see today, cause us to so discipline ourselves that others will not have to. So often we wait for opportunities to come when all we need is ability to see them and wills to use them. Make us to know that what we weave into the tapestry of life today, we shall reap tomorrow, and to realize that while we cannot control the length of our lives, we can surely control their width and their depth. Forbid that when we have received God's help that we should congratulate ourselves on our success.
Give us the confidence of the Psalmist when he wrote: "He shall receive the blessing from the Lord, and righteousness from the God of his salvation." (Psalm 24:5) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 26, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1446:
S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FARR moved that when the House adjourns it adjourn in memory of Carl Farr of the Adamsburg Community in Union County, which was agreed to.
The following was introduced:
H. 4884 -- Reps. Harvin and Klapman: A CONCURRENT RESOLUTION DESIGNATING "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 4885 -- Reps. Corbett and Keegan: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARK GARNER, FORMER MAYOR OF MYRTLE BEACH, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4886 -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. LONNIE RANDOLPH FOR BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA OPTOMETRIC ASSOCIATION, THE FIRST AFRICAN-AMERICAN ELECTED PRESIDENT OF A SOUTH CAROLINA HEALTH PROFESSIONAL ASSOCIATION, AND FOR HIS MANY CONTRIBUTIONS TO HIS PROFESSION AND THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4887 -- Rep. Rhoad: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. EDWARD BENNETT, REPRESENTATIVE FROM ORANGEBURG COUNTY, FOR HIS MANY YEARS OF LOYAL AND DEDICATED SERVICE TO THE CITIZENS OF HIS COUNTY AND THE STATE OF SOUTH CAROLINA AND EXTENDING BEST WISHES TO HIM FOR SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS FOLLOWING HIS RETIREMENT FROM LEGISLATIVE SERVICE.
Whereas, the Honorable L. Edward Bennett of Orangeburg County has served in the House of Representatives for a total of twenty-two years, from 1969-80 and from 1983-92; and
Whereas, Ed Bennett has distinguished himself as an able and respected member of the General Assembly; and
Whereas, he has devoted the greater part of his life to public service, having served seven terms as the mayor of Springfield prior to being elected to the House; and
Whereas, as the chairman of the Agriculture, Natural Resources and Environmental Affairs Committee of the House, his leadership qualities and expertise helped guide the committee through a difficult transition period; and
Whereas, under his leadership, many important agricultural, wildlife, and environmental issues were steered through the General Assembly; and
Whereas, he also ably served on the South Carolina Wildlife Commission for thirteen years and was chosen the Legislative Conservationist of 1979 by the South Carolina Wildlife Federation; and
Whereas, Ed Bennett has always placed the welfare of the people he represents and the State above all other interests, and he long ago earned the respect and admiration of the members of the House of Representatives and the Senate; and
Whereas, he has announced his intention not to seek reelection in 1992; and
Whereas, this quiet, unassuming gentleman's leadership and kindness will be greatly missed in the State House by his many friends, colleagues, and legislative staff. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable L. Edward Bennett, representative from Orangeburg County, for his many years of loyal and dedicated service to the citizens of his county and the State of South Carolina and extend best wishes to him for success and happiness in all of his future endeavors following his retirement from legislative service.
Be it further resolved that a copy of this resolution be forwarded to Ed Bennett, our good friend and distinguished colleague from Orangeburg County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1574 -- Senator Martschink: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP FOR 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1575 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO COMMEND MR. H. FILMORE MABRY OF ORANGEBURG FOR HIS TRULY OUTSTANDING SERVICE AS PRESIDENT OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1576 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO HONOR MRS. FLORENCE M. RICHARDSON ON THE OCCASION OF HER RETIREMENT FROM THE PORTER-GAUD SCHOOL AFTER NEARLY THIRTY-TWO YEARS OF SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1577 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO HONOR MR. TED RICHARDSON ON HIS RETIREMENT FROM THE PORTER-GAUD SCHOOL IN CHARLESTON AFTER NEARLY THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4888 -- Reps. L. Martin, Marchbanks, Mattos, Sheheen and Wilkins: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, B. L. HENDRICKS, JR., OF PICKENS COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WISH HIM THE BEST FOR MUCH HAPPINESS IN THE YEARS AHEAD.
Whereas, the members of the General Assembly were saddened to learn that Representative B. L. Hendricks, Jr., of Pickens County has decided not to offer for re-election to the South Carolina House of Representatives; and
Whereas, Representative Hendricks has served in the House with great distinction for twenty-two years, longer than any previous member from Pickens County; and
Whereas, during his tenure, he capably served as Chairman of the Medical, Military, Public and Municipal Affairs Committee and as a member of the Rules, Judiciary, Judicial Screening, and Joint Health Care, Planning, and Oversight Committees; and
Whereas, he has made a lasting contribution to higher education in South Carolina by serving as a member of the Citadel Board of Visitors, the Board of Trustees of the Medical University of South Carolina, and on the Board of Visitors for Clemson University, his alma mater; and
Whereas, Representative Hendricks unselfishly gave of himself in service to his country during World War II as a pilot in the United States Air Force, retiring with the rank of Major; and
Whereas, he served with distinction as Mayor of Easley from 1965 to 1967; and
Whereas, the many contributions of Representative Hendricks to his county, state, and nation will long be remembered and appreciated; and
Whereas, the members of the General Assembly will greatly miss the wise counsel, warm handshake, and friendly smile of this true Southern gentleman and wish to extend to him and his lovely wife, Carolyn, every best wish for much happiness in the years ahead. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our colleague, B. L. Hendricks, Jr., of Pickens County, for his distinguished service as a member of the House of Representatives and wish him the best for much happiness in the future.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4889 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1571 -- Senators Matthews, Williams, Land, McGill, Peeler, Fielding, Washington, Saleeby, Moore, Leventis, Pope, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Reese, Rose, Russell, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A BILL TO AMEND SECTION 57-25-150(B) OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXEMPT CERTAIN SOUTH CAROLINA FARMERS FROM THE INITIAL APPLICATION FEE REQUIRED OF APPLICANTS SEEKING PERMITS TO ERECT OUTDOOR ADVERTISING SIGNS.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4890 -- Rep. G. Brown: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOL STUDENT ASSOCIATION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES TUESDAY, SEPTEMBER 22, 1992, FOR ITS ANNUAL CONVENTION.
Be it resolved by the House of Representatives:
That the South Carolina Independent School Student Association may use the chamber of the House of Representatives of the State House Tuesday, September 22, 1992, for its annual convention.
Be it further resolved that the State House security forces provide assistance and access necessary for the convention in accordance with previous procedures.
Be it further resolved that authorization for use of the House Chamber is subject to cancellation if the House is in regular session Tuesday, September 22, 1992.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beatty Bennett Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Cato Chamblee Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Hallman Harrelson Harris, J. Harris, P. Harrison Hendricks Hodges Holt Houck Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. McCraw McGinnis McKay McTeer Meacham Neilson Phillips Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Taylor Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, May 27.
George Bailey Roland Corning Marion Carnell Thomas Rhoad Michael Jaskwhich E.B. McLeod John C. Rama John Snow Terry Haskins Herbert Kirsh Juanita White Maggie Glover Howell Clyborne, Jr. Timothy Rogers James Mattos John Felder Hicks Harwell Jennings McAbee John Williams John Tucker Alex Harvin, III Thomas Huff William Boan David Beasley Eugene Nettles
LEAVES OF ABSENCE
The SPEAKER granted Reps. TOWNSEND and TUCKER a leave of absence for the day.
The SPEAKER granted Reps. HARRISON and D. WILLIAMS a temporary leave of absence.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 26.
Announcement was made that Dr. Walter Roberts of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
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.
Reps. ROSS and T.C. ALEXANDER, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19292.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Superintendent of Education of Oconee County must be elected in a nonpartisan election to be conducted at the same time as the 1994 general election for a term of office of four years. His successor must be elected in a nonpartisan election to be conducted at the same time as the general election every four years thereafter. Persons elected as superintendent shall serve until their successors are elected and qualify. In the event of a vacancy occurring for any reason other than expiration of a term, the county commissioners of election shall call a special election to fill the unexpired term to be conducted in the manner provided herein, so long as the vacancy does not occur within ten months of a scheduled election for superintendent in which case the vacancy must be filled by appointment of the Board of Trustees of the School District of Oconee County for the remainder of the unexpired term.
All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission in the manner provided by Section 7-13-352 of the 1976 Code. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, length of residence in the county, and other information as the county election commission requires. No person is eligible to qualify as a candidate for county superintendent who is not certified as a superintendent by South Carolina and who does not have five years of school administrative experience. All candidates shall furnish to the commissioners of election responsible for holding the election an affidavit with supporting documentation setting forth their qualifications. Should a candidate fail to furnish documentation which reflects the minimum qualifications required by this section, then such candidate's name may not be placed upon the ballot.
The county commissioners of election shall conduct and supervise the elections for superintendent in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election not later than sixty days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice not later than two weeks after the first notice.
Results of the elections must be determined in accordance with the nonpartisan plurality method provided in Section 5-15-61 of the 1976 Code.
The person elected superintendent in these nonpartisan elections shall take office the first day of July following certification of his election. The current county superintendent of education shall continue to serve until the person elected in the 1994 election qualifies and takes office, at which time the current term of the present superintendent shall expire.
SECTION 2. The chairman of the board of trustees of the School District of Oconee County must be elected by the board and shall not necessarily but may be the county superintendent of education, who if elected chairman shall have no voting privileges except in the case of a tie.
SECTION 3. The superintendent of education shall receive annually a salary to be fixed by the board of trustees.
SECTION 4. In the event no person qualifies as a candidate for superintendent of education, no election shall be held and, in such event, the Governor shall appoint a superintendent of education upon the recommendation of a majority of the board of trustees of the school district.
SECTION 5. The School District of Oconee County is declared to be a body politic and corporate and is vested with all the rights, privileges and responsibilities as other school districts possess under the general laws of South Carolina.
SECTION 6. The public educational system of Oconee County must be directed and managed by the Board of Trustees of the School District of Oconee County. The members of the board must be elected in nonpartisan elections to be conducted at the same time as the general election in appropriate even-numbered years. The board shall consist of nine members, at least one of whom shall reside in each of the five single-member election districts from which members of the governing body of Oconee County are elected. The members of the school board of trustees from these districts shall not be elected by the qualified electors of the county at large but instead must be elected by the qualified electors of the district from which they seek election. Persons seeking election from particular districts must be qualified electors of those districts and must file notice of their candidacy for election from those districts. All other members must be elected by the qualified electors of the county at large. The terms of all members are for four years and until their successors are elected and qualify. The winner shall be determined by the county election commission and certified to the county superintendent of education. Any person desiring to be elected to the Board of Trustees of the School District of Oconee County in any election shall file notice of his candidacy with the County Superintendent of Education not later than the date by which nominees must be certified for placement upon the ballot for that election as provided by Section 7-13-350 of the 1976 Code.
In the event that no candidate qualifies as a candidate for a trustee from a particular district or any one or more countywide trustees, the Governor shall appoint such trustee upon the recommendation of a majority of the acting board of trustees, if any. The elected trustees shall assume office upon certification of the election which in no event shall exceed fifteen days after the date of the election.
In the event of a vacancy the board of trustees may appoint a person to fill such vacancy until the next election.
SECTION 7. In addition to the powers and duties provided for by law, the board of trustees shall have the following powers and duties:
(1) Employ any personnel it deems necessary for the efficient operation of the schools;
(2) Adopt administrative policies;
(3) Plan and construct new buildings;
(4) Issue bonds to construct and repair buildings and pledge capital outlay funds from state, federal and local tax sources for their payment, under conditions stated herein;
(5) Operate a building maintenance and repair program;
(6) Issue short-term notes in anticipation of taxes and state aid funds, and pledge such revenues to the payment thereof;
(7) Exercise the right of eminent domain in securing necessary property;
(8) Determine and evaluate the educational program;
(9) Cause regular audits to be made, and publish annual and special reports;
(10) Direct a continuing school census;
(11) Fix the length of the school term;
(12) Administer state aid to public schools and fix the amount of supplement to be paid to the teachers in the several schools within the county;
(13) Arrange with adjoining counties for interchange of pupils or educational services;
(14) Adopt budgets and budgetary controls;
(15) Conduct surveys and, upon the results obtained, reorganize attendance areas, the curriculum, the supervisory program, auxiliary services, or any part of the educational program delegated by the State to the county board of education or to school trustees; and
(16) The board is granted the authority to draw warrants upon school funds in the hands of the treasurer for the payment of any services contracted for by the board, for the payment of insurance premiums, including workmen's compensation premiums for the district, for the payment of withholding taxes from salaries, and for the payment for any acts authorized by the board of trustees pursuant to the duties of the board, as set forth in this section.
SECTION 8. The county superintendent of education is charged with the following duties and responsibilities:
(1) Recommend personnel he deems necessary to be employed by the board;
(2) Prepare and administer annual budgets;
(3) Operate the school building and maintenance program;
(4) Develop a guidance and instructional program;
(5) Disseminate to every school in Oconee County notices of all vacancies for administrative positions, which notices must be prominently displayed; and
(6) Carry out all duties, plans, policies and recommendations of the board.
SECTION 9. The board of trustees shall hold regular meetings and special meetings as necessary. The Oconee County Council shall set the compensation of the members of the board.
SECTION 10. All funds in the hands of the county treasurer, arising from tax levies on the property, as well as such sums as he may hereafter receive from any such levy, must be placed by him to the credit of The School District of Oconee County.
SECTION 11. The School District of Oconee County is the unit for financing and receiving local, state and federal funds. The board of trustees is charged with the responsibility of the expenditure and accounting of the funds in the hands of the board.
SECTION 12. All school funds of the county must be deposited in the office of the Treasurer of Oconee County to the credit of the district, and withdrawn only upon warrants issued by the board of trustees.
SECTION 13. Act 383 of 1961, Act 1274 of 1974, Act 608 of 1984, and Act 616 of 1986 are repealed.
SECTION 14. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
Rep. PHILLIPS moved to adjourn debate upon the following Bill, 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 Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
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.
S. 1508 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-77-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT", AND SECTION 23-41-20, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ARSON REPORTING-IMMUNITY ACT, SO AS TO PROVIDE THAT "AUTHORIZED AGENCY", OR "AUTHORIZED AGENCIES", INCLUDES THE UNITED STATES DEPARTMENT OF JUSTICE AND ITS FEDERAL BUREAU OF INVESTIGATION.
Rep. WILKINS explained the Bill.
S. 1403 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE PORT OF CHARLESTON, RELATING TO HARBOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 246 -- Senator Lourie: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.
S. 931 -- Senator Martschink: A BILL TO AMEND SECTION 59-111-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR THE PURPOSES OF FREE TUITION AT A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR VOCATIONAL OR TECHNICAL SCHOOL, SO AS TO INCLUDE A PERSON PERFORMING LAW ENFORCEMENT DUTIES AT THE REQUEST OF AND UNDER THE SUPERVISION OF A FEDERAL AGENCY.
Rep. PHILLIPS explained the Bill.
The following Bill was taken up.
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.
Reps. GONZALES, J. BAILEY and HALLMAN, with unanimous consent, proposed the following Amendment No. 1 (Doc Name g:\h-member\h4873amd.big), which was adopted.
Amend the bill by striking all after the title and inserting in place thereof the following:
"Whereas, the General Assembly finds and declares that the promotion of economic and industrial development of the State is crucial to the welfare of its inhabitants and the future economic viability of South Carolina and that such objectives are primarily fostered by state policy which recognizes and encourages cooperation among counties within the various regions of the State; and
Whereas, the Supreme Court of South Carolina has recognized the validity of such legislative findings in case law precedent by holding that industrial development is a valid public purpose and that public purpose is a fluid concept which changes with time, place, population, economy, and countless other circumstances; and
Whereas, the General Assembly recognizes changes in our State's economy currently affecting our residents. Opportunities for economic development frequently cross county lines, thereby making joint efforts to attract employment opportunities desirable; and
Whereas, the need for coordination in financing and fostering economic development in Berkeley, Charleston, and Dorchester Counties is vital to the continued growth; and
Whereas, an opportunity has presented itself to compete with other locations throughout the Southeast for a regional accounting center to be utilized by the Department of Defense which is expected to have a workforce in excess of 4,000 people; and
Whereas, the Department of Defense has asked communities to provide a response to its request for a proposal which would describe opportunities to the Department of Defense should it locate in a specific location in the Southeast; and
Whereas, response to a potential employer of such magnitude demands a regional approach inasmuch as both costs and the benefits of attracting such an employer would be enjoyed by the entire region and not simply by a specific county; and
Whereas, establishment of a political subdivision which will encourage economic development over a three county region is a matter of statewide importance which may not be addressed within the powers individually granted the three specific counties which comprise the area of the proposed Trident Economic Development Finance Authority; and
Whereas, this legislation is part of the continuing effort of the General Assembly to accomplish the statewide policy of economic development in our State; and in order to fully develop our human resources by providing the fullest range of opportunities for our residents. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 13 of the 1976 Code is amended by adding:
Section 13-12-10. There is created the Trident Economic Development Finance Authority. The jurisdictional area of the authority shall consist of two or more of the counties of Berkeley, Charleston, and Dorchester which counties qualified electors have each approved their participation in the authority by referendum. The governing body of the authority is a board of not more than seven members whose members shall serve for terms of four years and until their successors are elected and qualify. The governing bodies of Berkeley and Dorchester Counties shall each elect two members of the board and the governing body of Charleston County shall elect three members of the board upon approval of their county's participation by referendum. Vacancies on the board must be filled for the unexpired term in the manner of the original election. The authority is a local political subdivision as contemplated by Section 11-35-310(18), Code of Laws of South Carolina, 1976, as amended.
Section 13-12-15. Upon the implementation of the provisions of this Chapter, should only two of the three Counties of Berkeley, Dorchester, and Charleston have elected to participate by approval of the initial referendum, the governing body of the non-participating county may thereafter call a referendum in such county on the question of participation in the authority. After one referendum has been held under the provisions of this section, no more than one such referendum may thereafter be held within a two year period. The referendum question shall read as follows:
"Shall [insert name of county] join in the Trident Economic Development Finance Authority which shall have the power, among other things, with the approval of the governing bodies of Berkeley, Dorchester, and Charleston counties, to issue general obligation bonds for the purpose of promoting economic development in the area of the Authority?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word 'No'."
If this questions receives a majority of the votes cast in the county, as certified by the State Board of Canvassers, the jurisdictional area of the authority shall be expanded to include the approving county on the date on which written evidence of this fact is transmitted to the Secretary of State.
Section 13-12-20. The members of the board shall elect a chairman, vice-chairman, and secretary. The board shall establish other offices, committees, and positions under its bylaws as it considers necessary. The board shall meet on the call of the chairman and in accordance with its bylaws. A majority of the board, including at least one member elected from each participating county constitutes a quorum for the transaction of its business.
Section 13-12-30. The board has all the rights and powers of a body politic and body corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the right and power to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a seal;
(d) make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(e) acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. The authority has no power to pledge the credit and the taxing power of the State. If revenue financing is used, neither the faith and credit of the State nor of any county lying within the authority nor of the authority itself shall be pledged to the payment of the principal and interest of the obligations and there shall be on the face of such obligation a statement, plainly worded, to that effect;
(f) issue general obligation bonded indebtedness pursuant to Article X, Section 14 of the South Carolina Constitution, secured in whole or in part by a pledge of the full faith, credit, and taxing power of all taxable property in the authority;
(g) receive contributions, grants, donations, and payments from any source and to invest and disperse the authority's funds;
(h) encourage, assist, promote, and cooperate in the development of the area of the authority and to appear before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;
(i) develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property. The authority may retain, carry forward, and expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds may only be used in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;
(j) develop policies governing the use of, management, business and control of the authority's property or facilities;
(k) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including revenue bonds as described in (e), general obligation bonds as described in (f) above, and refunding and advanced refunding notes and bonds, of the authority; to secure the payment of the obligations or any part by pledge of the full faith, credit, and tax power of the authority, mortgage, lien, pledge, or deed of trust on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness as set forth in Section 6-5-10, Code of Laws of South Carolina, 1976, as now or hereafter amended; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness, whether issued or to be issued, as the authority considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness and the rights of the holders of the notes, bonds, or other evidences of indebtedness. In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the authority may, but is not required to, avail itself of or comply with any of the provisions of Chapter 21 of Title 11 in the event revenue bonds are issued or Chapter 15 of Title 11 in the event general obligation bonds are issued;
(l) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-12-40;
(m) make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-12-40, and to execute all instruments necessary or convenient for the carrying out of business; and
(n) acquire rights-of-way and property necessary for the accomplishment of its duties and purposes, the authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation actions must be in the name of the authority. The power of eminent domain pursuant to the procedures provided in Chapter 2 of Title 28 applies to all property of private persons or corporations and also to property already devoted to public use in Berkeley, Charleston, and Dorchester counties;
(o) enter into joint or cooperative agreements with the Federal or State governments or any political subdivision of the state to perform any or all of its functions.
Section 13-12-40. The authority may issue general obligation bonds or revenue bonds for the purpose of financing or refinancing, in whole or in part, the cost of the following projects:
(a) purchasing real estate;
(b) constructing, reconstructing, or improving any capital improvements; and
(c) operating and maintenance costs.
In connection with the issuance of bonds, the authority may enter into an agreement with a company to construct, operate, maintain, and improve a project, and the authority may enter into a financing agreement with the company prescribing the terms and conditions of the payments to be made by the company to the authority, or its assignee, to meet the payments that become due on bonds.
Section 13-12-50. General obligation bonds or revenue bonds issued under this chapter for any project described in Section 13-12-40 must be authorized by resolution of the board. The resolution may contain provisions which are a part of the contract between the authority and the several holders of the bonds as to:
(a) the custody, security, use, expenditure, or application of the proceeds of the bonds;
(b) the acquisition, construction, and completion of any project for which the bonds are issued;
(c) the use, regulation, operation, maintenance, insurance, or disposition of the project for which the bonds are issued, or any restrictions on the exercise of the powers of the board to dispose of or limit or regulate the use of the project;
(d) the payment of the principal of or interest on the bonds and the sources and methods of payment, including the ad valorem tax levy or the authority, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;
(e) the use and disposition of the revenues derived or to be derived from the operation of any project;
(f) the pledging, setting aside, depositing, or entrusting of the revenues from which the bonds are made payable to secure the payment of the principal of and interest on the bonds or the payment of expenses of operation and maintenance of the project;
(g) the setting aside of revenues, reserves, or sinking funds and the source, custody, security, regulation, and disposition of the revenues, reserves, or sinking funds;
(h) the determination of the definition of revenues or of the expenses of operation and maintenance of the project for which the bonds are issued;
(i) the rentals, fees, or other charges derived from the use of the project and the fixing, establishing, collection, and enforcement of the rentals, fees, or other charges, the amount or amounts of revenues to be produced by the rentals, fees, or other charges, and the disposition and application of the amounts charged or collected;
(j) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;
(k) rules to ensure the use of the project by the public or private sector to the maximum extent to which the project is capable of serving the public or private sector;
(l) any other matter or course of conduct which, by recital in the resolution authorizing the bonds, is declared to further secure the payment of the principal of or interest on the bonds.
Section 13-12-60. The governing bodies of the participating counties are empowered to authorize the authority to issue general obligation bonds whose proceeds must be used in furtherance of any power of the authority under the procedures prescribed in this chapter. If, upon its own finding or upon petition of the authority, a participating county's governing body shall determine that it may be in the interest of the authority to raise moneys for the furtherance of any power of the authority, it shall order a public hearing to be held upon the question of the issuance of bonds of the authority. Two or more of the county governing bodies may elect to jointly hold the public hearing required by this section.
Section 13-12-70. Notice of the public hearing required by Section 13-12-60 shall be published by each county once a week for three successive weeks in a newspaper of general circulation in the county. The notice shall state:
(a) the time of the public hearing, which shall be not less than sixteen days following the first publication of the notice;
(b) the place of the hearing;
(c) the maximum amount of general obligation bonds proposed to be issued by the authority;
(d) a statement setting forth the purpose for which the proceeds of such bonds are to be expended; and
(e) a brief summary of the reasons for the issuance of such bonds and the method by which the principal and interest of such bonds are to be paid.
Section 13-12-80. The hearing shall be conducted publicly and both proponents and opponents of the proposed action shall be given full opportunity to be heard.
Section 13-12-90. Following the hearing, the governing body of each county shall, by ordinance, make a finding as to whether and to what extent bonds of the authority should be issued, and may thereupon authorize the governing body of the authority to issue bonds to the extent it finds necessary. No general obligation bonds of the authority may be issued without authorization of the governing body of each participating county.
Section 13-12-100. The governing body of each county shall thereupon cause notice of its action to be published for three successive weeks in a newspaper of general circulation in the county which shall state;
(a) the results of its action;
(b) the extent to which bonds of the authority are to be issued and the method to be provided for their payment;
(c) whether or not an election shall be ordered in the authority upon the question of the issuance of bonds of the authority.
Section 13-12-110. A person affected by the action of the governing body of each county may, by action de novo instituted in the court of common pleas for such county, within twenty days following the last publication of notice prescribed by Section 13-12-100, but not afterwards, challenge the action of the governing body of the county.
Section 13-12-120. If an election is ordered as provided in Section 13-12-100, the election shall be conducted in the same manner and under the procedure applicable to the issuance of general obligation bonds of the counties of the State by the provisions of Chapter 15, Title 4, as now or hereafter amended. Approval of the question put to the electorate shall require an affirmative vote by a majority of all qualified electors voting on the question throughout the jurisdictional boundaries of the authority.
Section 13-12-130. Bonds of the authority issued following authorization given pursuant to Sections 13-12-60 to 13-12-120 shall be issued by the governing body of the authority on behalf of the authority in accordance with the provisions of Sections 6-11-900 through 6-11-1010, as now or hereafter amended.
Section 13-12-140. The principal of and interest on bonds issued under this chapter are exempt from taxation, as provided in Section 12-2-50. All security agreements, indentures, and financing agreements made pursuant to the provisions of this chapter are exempt from state stamp and transfer taxes.
Section 13-12-150. The bonds must be signed in the name of the board of the authority by the manual or facsimile signature of the chairman of the board and attested with the manual or facsimile signature of the secretary of the board. Interest coupons attached to the bonds must be signed by the facsimile signatures of the officers. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the bonds or the coupons have ceased to hold office at the time of issue or at the time of the delivery of the bonds to the purchaser.
Section 13-12-160. All provisions of a resolution authorizing the issuance of the bonds in accordance with this chapter and any covenants and agreements constitute legally binding contracts between the authority and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by any holder by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.
Section 13-12-170. General obligation bonds authorized by this chapter shall be secured by the full faith, credit, and taxing power of the authority. Revenue bonds authorized by the chapter are limited obligations of the authority. The principal and interest of the general obligation bonds are secured in whole or in part by a pledge of the full faith, credit and taxing power of the authority. The principal and interest of the revenue bonds are payable solely out of the revenues derived by the authority, including revenues that may be derived by the authority pursuant to the financing agreement with respect to the project which the revenue bonds are issued to finance. The revenue bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The revenue bonds do not constitute or give rise to a pecuniary liability of the authority, the State, or any political subdivision of the State, or to a charge against the general credit of the authority, the State, or any political subdivision of the State or taxing powers of the State, or any political subdivision of the State, and this fact must be plainly stated on the face of each revenue bond. The principal of and interest on any revenue bonds issued under this chapter must be secured by a pledge of the revenues from which the revenue bonds are payable, may be secured by a security agreement, including a mortgage or any property given as security pursuant to a financing agreement, and may be additionally secured by a pledge of the financing agreement with respect to the project. The trustee under any security agreement or indenture, or any depository specified by the security agreement or indenture, may be any person or corporation as the authority designates, notwithstanding that the trustee may be a nonresident of this State or incorporated under the laws of the United States or the laws of other states.
Section 13-12-180. The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this chapter, may not inure to the benefit of any person other than the authority.
Section 13-12-190. The authority shall retain any unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and expend the funds in subsequent fiscal years.
Section 13-12-200. (A) Before undertaking a project in connection with issuing bonds authorized by Section 13-12-40, the board of the authority shall make a determination:
(1) that the project will serve the purposes of this chapter;
(2) that the project is anticipated to benefit the general public welfare of the area by providing services, employment, recreation, or other public benefits;
(3) as to the amount of bonds required to finance the project;
(4) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project;
(5) as to the amount necessary to be paid each year into any reserve funds which the board may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
The determinations of the board must be set forth in the proceedings as required by Section 11-15-10 under which the proposed bonds are to be issued.
Section 13-12-210. The proceeds from the sale of any bonds issued under authority of this chapter may be applied only for the purpose for which the bonds were issued, except any premium and accrued interest received in any sale must be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of the proceeds are not needed for the purpose for which the bonds were issued, that portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
The cost of acquiring any project includes the following:
(1) the actual cost of the construction of any part of a project, including architects', engineers', and attorneys' fees; (2) the purchase price of any part of a project that may be acquired by purchase;
(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance the acquisition;
(4) the interest on the bonds for a reasonable time prior to construction and for not exceeding one year after completion of the construction."
SECTION 2. The provisions of Title 13, Chapter 12 as added by this act shall take effect upon approval by the Governor, but these provisions may not be implemented until the question of whether to establish such an authority receives a favorable vote of a majority of the qualified electors residing in two or more of the counties of Berkeley, Charleston, and Dorchester as provided in this act.
SECTION 3. The county election commissioners for Berkeley, Dorchester, and Charleston Counties are directed to place on the ballot at the time of the November, 1992 general election the following question: "Shall there be created a Trident Economic Development Finance Authority which shall have the power, among other things, with the approval of the governing bodies of each of the participating counties in the Berkeley, Dorchester, and Charleston County area, to issue general obligation bonds for the purpose of promoting economic development in the area of the Authority?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word 'No'."
If this questions receives a majority of the votes cast in two or more of the counties of Charleston, Berkeley, and Dorchester, as certified by the State Board of Canvassers, this act shall be implemented on the date on which written evidence of this fact is transmitted to the Secretary of State.
SECTION 4. Except as otherwise specified in this act, this act shall take effect upon approval by the Governor.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
Debate was resumed on the following Bill, the pending questiong being consideration of Amendment No. 1, Rep. WILKINS having the floor.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 26, by the Committee on Judiciary.
Rep. WILKINS relinquished the floor.
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. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.
Rep. M.O. ALEXANDER moved to table the Bill, which was not agreed to.
Rep. FAIR moved to adjourn debate upon the Bill until Thursday, June 4, which was rejected.
Rep. FAIR moved to commit the Bill to the Greenville Delegation, which was agreed to.
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.
Reps. HODGES and MEACHAM proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12553.DW).
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. Section 12-37-220B(3) and (27) of the 1976 Code is amended to read:
"(3) One personal motor vehicle owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the State Department of Highways and Public Transportation under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of such the license, if the veteran has have a certificate signed by the county service officer or the Veterans Administration of such the total and permanent disability which shall must be filed with the Tax Commission.
(27) All personal motor vehicles, owned or issued either solely or jointly by persons required to use wheelchairs, for which special license tags have been issued by the Department of Highway and Public Transportation under the provisions of Section 56-3-1910, are exempt from state, county, and municipal taxes."
SECTION _____. The amendment to Section 12-37-220B of the 1976 Code contained in this act is effective for tax years beginning after 1990./
Amend the bill further, page 2, lines 16 through 19, by striking SECTION 2 and inserting:
/SECTION 2. Except as otherwise provided, this act takes effect upon approval by the Governor and applies to vehicles owned or leased by a former POW or his surviving spouse after December 31, 1990./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. PHILLIPS moved to adjourn debate upon the Bill, which was adopted.
Rep. L. MARTIN moved to adjourn debate upon the following Joint Resolution until Tuesday, June 2, which was adopted.
H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 26, by the Committee on Education and Public Works.
Rep. ALTMAN explained the amendment and moved to adjourn debate upon the Bill until Tuesday, June 2, which was adopted.
Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 1324 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.
The following Bill was taken up.
S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10055.JM), which was adopted.
Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:
/SECTION __. Section 11-35-1520(9)(e) of the 1976 Code is amended to read:
/"(e) Competitive procurements made by any governmental body must be made from a responsive and responsible vendor resident in South Carolina: (i) for procurements under two million, five hundred thousand dollars, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than two percent of the latter bid, and if the resident vendor has made written claim for the preference at the time the bid was submitted; (ii) for procurements in excess of two million, five hundred thousand dollars, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than one percent of the latter bid, and if the resident vendor has made written claim for the preference at the time the bid was submitted. A vendor is considered to be a resident of this State if the vendor is an individual, partnership, association, or corporation that is authorized to transact business within the State, maintains an office in the State, maintains a representative inventory of commodities on which the bid is submitted, or is a manufacturer which is headquartered and has a ten million dollar payroll in South Carolina and the product is made or processed from raw materials into a finished end product by such manufacturer or an affiliate (as defined in Section 1563 of the Internal Revenue Code) of such manufacturer, and has paid all assessed taxes. Preferences under this subsection do not apply to either prime contractors or subcontractors as relates to the construction industry nor to a vendor of goods whether in quantity or not when the price of a single unit of the item involved is more than ten thousand dollars."/
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.
Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435 AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.
The following Bill was taken up.
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8377.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 548 of 1990, is further amended by adding an appropriately numbered item to read:
"( ) To issue consent orders authorizing parties to engage in any form of alternate dispute resolution which does not violate the rules of the court or the laws of South Carolina."
SECTION 2. This act takes effect upon the approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 805 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ARCHITECTURAL EXAMINERS AND APPOINTMENT, TERM, AND VACANCIES, SO AS TO PROVIDE THAT THE MEMBER OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS WHO IS A PROFESSOR OF ARCHITECTURE IN A UNIVERSITY OR COLLEGE CONTROLLED BY THE STATE MUST ALSO BE AN ARCHITECT REGISTERED IN THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF APPLICANTS FOR ADMISSION TO PRACTICE ARCHITECTURE AND THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, SO AS TO PROVIDE THAT CONVICTION OF A CRIME OF MORAL TURPITUDE PREVENTS THE ISSUANCE OF A CERTIFICATE TO AN APPLICANT; TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO APPLICATION FEES AND EXAMINATION FEES UNDER THE ARCHITECTS LAW, SO AS TO DELETE SPECIFIC CEILINGS FOR THE AMOUNTS OF THESE FEES AND PROVIDE THAT THE FEES MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE ANNUAL RENEWAL FEE UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION", DELETE THE CEILING FOR THE AMOUNT OF THE ANNUAL RENEWAL FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD, AND INCREASE THE AMOUNT OF THE PENALTY; TO AMEND SECTION 40-3-100, AS AMENDED, RELATING TO THE PRACTICE OF ARCHITECTURE BY PARTNERSHIPS, CORPORATIONS, OR PROFESSIONAL ASSOCIATIONS AND CERTIFICATE OF AUTHORIZATION, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATIONS" AND "ARCHITECTURAL PROFESSIONAL CORPORATIONS", AND DELETE THE CEILING FOR THE AMOUNT OF THE ORIGINAL AUTHORIZATION FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-110, AS AMENDED, RELATING TO THE REQUIRED ARCHITECTURAL SEAL, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION" AND PROVIDE FOR CHANGES IN THE PROVISIONS OF LAW SPECIFYING WHERE EACH SEAL MUST APPEAR; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF ARCHITECTURAL REGISTRATION CERTIFICATE, PROCEDURES, RESTRAINTS AND CIVIL PENALTIES, AND APPEAL, SO AS TO PROVIDE THAT NO ACTION MAY BE TAKEN BY THE BOARD UNTIL THE REGISTRANT HAS BEEN FURNISHED WITH A CERTAIN STATEMENT AND A NOTICE OF THE TIME AND PLACE OF THE HEARING REGARDING CHARGES, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, RATHER THAN "AT LEAST NINETY DAYS PRIOR TO THE DATE OF THE HEARING"; TO AMEND SECTION 40-3-125, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORIZATION UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-135 SO AS TO PROVIDE THAT THE BOARD OF ARCHITECTURAL EXAMINERS OR ANY MEMBER OF THE BOARD MAY ISSUE SUBPOENAS FOR WITNESSES AND DOCUMENTS, AND PROVIDE THAT THE CIRCUIT COURT HAVING APPROPRIATE JURISDICTION SHALL ENFORCE ANY SUBPOENAS ISSUED PURSUANT TO THIS SECTION; TO AMEND SECTION 40-3-150, RELATING TO THE PENALTIES FOR VIOLATING THE ARCHITECTS LAW, SO AS TO INCREASE THE PRESCRIBED FINE; TO AMEND SECTION 40-3-160, RELATING TO ACTIVITIES AND PRACTICES WHICH ARE NOT PROHIBITED BY CHAPTER 3 OF TITLE 40, "ARCHITECTS", SO AS TO PROVIDE FURTHER WITH RESPECT TO THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO WHICH THE CHAPTER DOES NOT APPLY IF THE DRAWINGS AND SPECIFICATIONS, ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO AMEND SECTION 40-3-170, RELATING TO SERVICE OF PROCESS UNDER THE ARCHITECTS LAW, SO AS TO REPLACE "EXECUTIVE SECRETARY" OF THE BOARD WITH "EXECUTIVE DIRECTOR" OF THE BOARD, WITH RESPECT TO CERTAIN DUTIES OR ACTIONS; AND TO AMEND SECTION 40-3-180, RELATING TO THE REQUIREMENT THAT THE PERSON ISSUING A BUILDING PERMIT MUST VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS AN ARCHITECT REGISTERED IN SOUTH CAROLINA AND EXCEPTIONS, SO AS TO REQUIRE THAT THIS PERSON ALSO BE IN POSSESSION OF A SEALED SET OF ARCHITECTURAL PLANS AND SPECIFICATIONS, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THIS SECTION APPLIES TO ALL BUILDINGS OR STRUCTURES EXCEPT THOSE SPECIFICALLY EXCLUDED IN SECTION 40-3-160.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9996.JM), which was adopted.
Amend the bill, as and if amended, by striking Section 40-3-80 as contained in SECTION 3, page 4, and inserting:
/"Section 40-3-80. Every applicant applying for registration in this State shall pay to the board a nonrefundable sum, as determined by the board, not to exceed one two hundred dollars, and no applicant may be considered until the fee has been paid. Applicants approved for examination shall pay to the board, prior to being examined, a sum commensurate with the cost of administering the examination, as determined by the board, not to exceed five hundred one thousand dollars." /
Amend further, by striking Section 40-3-90, as contained in SECTION 4, pages 4 and 5, and inserting:
/"Section 40-3-90. Every architect, architectural firm, architectural business corporation, architectural professional association/corporation, and architectural partnership continuing to practice in this State shall pay to the board each year according to the dates established by the board a fee not to exceed one two hundred dollars as determined by the board and upon failure to do so shall have their certificate to practice revoked. The certificate may, however, be renewed at any time within one year from the date of expiration upon payment of the fee and a penalty of twenty-five fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the first year." /
Amend further, by striking Section 40-3-160(3) as contained in SECTION 11, pages 9 and 10, and inserting:
/"(3) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:
(a) a building which is to be used for farm purposes only;
(b) a building less than three stories high and containing less than six five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(c) family residences up to four units attached a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit; and any sheds, storage buildings, and garages incidental thereto;
(d) a place of assembly having a capacity not in excess of seventy-five persons as calculated in accordance with the Standard Building Code, which is one story, and which is not a part of or physically connected to buildings of a different occupancy;
(e) mercantile and industrial buildings not having a capacity in excess of one hundred persons as calculated in accordance with the Standard Building Code.
(f) (d) alterations to any buildings to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building."/
Amend further, by striking Section 40-3-180 as contained in SECTION 13, page 11, and inserting:
/"Section 40-3-180. It is the duty of the building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, to be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina. This section does not apply to buildings or structures containing less than six thousand square feet of total floor area except buildings of institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area, nor to any other exclusions provided in Section 40-3-160."/
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 1153 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-77-30(1), RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NON-OWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE.
The following Bill was taken up.
S. 860 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 39 SO AS TO ENACT THE UNIFORM TRADE SECRETS ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2726.AC), which was adopted.
Amend the bill, as and if amended, by striking Section 39-8-7(B) and inserting:
/(B) This chapter does not affect:
(1) contractual remedies, whether or not based upon misappropriation of a trade secret;
(2) other civil remedies that are not based upon misappropriation of a trade secret, including, but not limited to, any civil action brought in the state or federal courts alleging product liability;
(3) criminal sanctions, whether or not based upon misappropriation of a trade secret; or
(4) the provisions of Act 463 of 1986 (South Carolina Tort claims Act)./
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.
S. 1450 -- Senator Holland: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND TO FURTHER PROVIDE FOR THE USE OF THESE FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.
The following Bill was taken up.
S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.
Rep. WALDROP explained the Bill.
Rep. HOLT moved to adjourn debate upon the Bill until Thursday, May 28, which was adopted.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4862 -- Rep. Gentry: A JOINT RESOLUTION TO DESIGNATE THE ROAD BETWEEN U.S. HIGHWAY 178 AND S41-57 AND U.S. HIGHWAY 178 AND S41-189 AS HOLSTON CROSSROADS AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE APPROPRIATE MARKERS.
Rep. FOSTER moved to waive Rule 5.12, which was agreed to by a division vote of 15 to 0.
On motion of Rep. ALTMAN, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
H. 4862 -- Rep. Gentry: A JOINT RESOLUTION TO DESIGNATE THE ROAD BETWEEN U.S. HIGHWAY 178 AND S41-57 AND U.S. HIGHWAY 178 AND S41-189 AS HOLSTON CROSSROADS AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE APPROPRIATE MARKERS.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4862 be read the third time tomorrow.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4891 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT SALES TO A NONPROFIT ORGANIZATION PROVIDING BLOOD SERVICES SUBSTANTIALLY SIMILAR TO THE BLOOD SERVICES PROVIDED BY THE AMERICAN RED CROSS.
Referred to Committee on Ways and Means.
H. 4892 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR SUCH FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND THE TERMINATION OF THE COMMISSION JANUARY 1, 1994.
Rep. KOON moved to waive Rule 5.12, which was agreed to by a division vote of 4 to 0.
On motion of Rep. KOON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The SPEAKER Pro Tempore granted Rep. J. BROWN a leave of absence.
Rep. FARR moved to adjourn debate upon the following Bill until Thursday, May 28, 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.
Rep. FARR moved to adjourn debate upon the following Bill until Thursday, May 28, which was adopted.
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.
Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.
S. 1450 -- Senator Holland: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND TO FURTHER PROVIDE FOR THE USE OF THESE FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.
The following Bill was taken up.
S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8617.BD), 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 42-5-25. (A) An approved self-insurance fund may provide temporary coverage for an applicant if he:
(1) submits to the self-insurance division the required completed and signed forms including, but not limited to, an application form with the same fee required for permanent membership in a self-insurance fund;
(2) qualifies for membership in the fund;
(3) qualifies under the by-laws of the fund;
(4) operates a business similar in nature to the businesses in the fund;
(5) is financially sound and meets or exceeds the minimum net worth requirements established for permanent membership in a self-insurance fund;
(6) notifies the division in writing on or before the coverage date.
(B) Upon receipt and review of the documents described in subsection (A), the division shall notify the fund within two business days whether temporary membership is granted. If the division does not notify the fund of its decision within two business days, temporary membership is deemed granted.
(C) Temporary coverage expires when the full commission approves the applicant or thirty days after the full commission rejects the applicant. The effective date on the certificate for self-insurance must show the original, temporary, coverage date."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19247.SD), which was adopted.
Amend the bill, as and if amended, in Section 35-1-1310 of the 1976 Code, as contained in SECTION 3, by inserting immediately after /part./ on line 17 of page 3 the following:
/The filing of a written petition for review, accompanied by the posting of any bond set by the court in which a petition is filed, shall stay the effectiveness of the commissioner's final order until such time as the court has reviewed the order./
When amended, Section 35-1-1310 of the 1976 Code shall read:
/Section 35-1-1310. Any person aggrieved by a final order of the Securities Commissioner may obtain a review of the order in the court of common pleas for Richland County or in the county wherein such the person resides by filing in court, within sixty thirty days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. The filing of a written petition for review, accompanied by the posting of any bond set by the court in which a petition is filed, shall stay the effectiveness of the commissioner's final order until such time as the court has reviewed the order. A copy of the petition shall must be forthwith served upon the Securities Commissioner, and thereupon the Securities Commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. The findings of the Securities Commissioner as to the facts, if supported by competent, material, and substantial evidence, are conclusive./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WAITES moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
H. 4727 -- Reps. Beasley, Wright, Rama, Felder, Wofford, Keegan, McCraw, Baxley, H. Brown, P. Harris, Smith, Nettles, Wilder, McLeod, Hendricks, Council, Townsend, Phillips, A. Young and G. Brown: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING LOBBYISTS AND LOBBYING, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 17 OF TITLE 2, AND TO LIMIT THE DEFINITION OF "LOBBYIST'S PRINCIPAL" TO THOSE BRANCHES AND AGENCIES OF GOVERNMENT TO WHICH A PERSON HAS AUTHORIZED A LOBBYIST TO LOBBY; TO AMEND SECTIONS 2-17-20, AS AMENDED, AND 2-17-25, RELATING TO THE REQUIREMENT THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS REGISTER WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT A LOBBYIST PRESENT TO THE SECRETARY OF STATE WITH HIS REGISTRATION FEE A COMMUNICATION REFLECTING THE AUTHORITY OF THE REGISTRANT TO REPRESENT THE PERSON BY WHOM HE IS EMPLOYED, APPOINTED, OR RETAINED AND REQUIRE LOBBYISTS AND LOBBYIST'S PRINCIPALS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY IN WHICH LOBBYISTS WILL BE AUTHORIZED TO ENGAGE IN LOBBYING ON BEHALF OF THE LOBBYIST'S PRINCIPALS; TO AMEND SECTION 2-17-45, RELATING TO THE REQUIREMENT THAT AN ENTITY WHICH RANKS OR RATES THE ACTIONS, VOTE, OR FAILURE TO ACT OR VOTE, OF THE GOVERNOR, THE LIEUTENANT GOVERNOR, A MEMBER OR COMMITTEE OF THE GENERAL ASSEMBLY AS TO ANY ACTION OR FAILURE TO ACT OR VOTE BY THESE PUBLIC OFFICIALS FILE A REPORT WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT THE REPORT CONTAIN EACH MEMBER OF THE ENTITY WHO IS A MEMBER OF THE GENERAL ASSEMBLY AND EACH MEMBER OF THE ENTITY WHO IS A LOBBYIST OR LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-60, AS AMENDED, RELATING TO THE DUTIES OF THE SECRETARY OF STATE UNDER THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE HIM TO ISSUE ADVISORY OPINIONS IN ALL MATTERS AFFECTING THIS CHAPTER; TO AMEND SECTIONS 2-17-80, 2-17-90, AND 2-17-110, RELATING TO THE PROHIBITION AGAINST A LOBBYIST OR LOBBYIST'S PRINCIPAL SOLICITING, FACILITATING, OR PROVIDING LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, BEVERAGE, MONEY, OR ANYTHING OF VALUE TO CERTAIN PUBLIC OFFICIALS, AND THE PROHIBITION AGAINST A LOBBYIST, A LOBBYIST'S PRINCIPAL, OR A PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL FROM OFFERING, FACILITATING, OR PROVIDING A LOAN TO OR ON BEHALF OF CERTAIN PUBLIC OFFICIALS, SO AS TO DELETE THE REFERENCES TO "FACILITATE" AND "PUBLIC EMPLOYEE"; TO AMEND SECTION 2-17-150, RELATING TO THE STATUTE OF LIMITATIONS ON A VIOLATION OF THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HAVE EXCLUSIVE JURISDICTION TO PROSECUTE VIOLATIONS UNDER THIS CHAPTER; TO AMEND SECTION 8-13-100, RELATING TO DEFINITIONS REGARDING ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 13 OF TITLE 8; TO AMEND SECTION 8-13-320, RELATING TO THE POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT ADVISORY OPINIONS OF THE COMMISSION ARE BINDING ON IT IN ANY SUBSEQUENT CHARGES CONCERNING OTHER PERSONS WHO REASONABLY RELIED UPON AN ADVISORY OPINION IN GOOD FAITH; TO AMEND SECTIONS 2-17-100 AND 8-13-715, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE RECEIVING ANYTHING OF VALUE FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP WHILE ACTING IN AN OFFICIAL CAPACITY, SO AS TO DELETE REFERENCES TO "PUBLIC EMPLOYEE" AND AUTHORIZE THESE PERSONS TO HAVE PAYMENTS MADE ON THEIR BEHALF FOR ACTUAL EXPENSES INCURRED FOR A SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-740, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OR CERTAIN PERSONS WITH WHOM THESE PERSONS ARE ASSOCIATED FROM KNOWINGLY REPRESENTING ANOTHER PERSON BEFORE A GOVERNMENTAL ENTITY, SO AS TO CLARIFY THE PROVISIONS THAT PROHIBIT THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OF A COUNTY OR MUNICIPALITY FROM KNOWINGLY REPRESENTING A PERSON BEFORE ANY AGENCY UNIT OR SUBUNIT OF THAT COUNTY OR MUNICIPALITY; AND TO AMEND SECTION 8-13-1312, RELATING TO THE PROHIBITION AGAINST A CANDIDATE ESTABLISHING MORE THAN ONE CAMPAIGN CHECKING ACCOUNT AND ONE SAVINGS ACCOUNT, SO AS TO AUTHORIZE THE CANDIDATE TO ESTABLISH MORE THAN ONE CAMPAIGN SAVINGS ACCOUNT WHICH MUST BE REPORTED PURSUANT TO THE PROVISIONS OF SECTION 8-13-1360.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill, which was adopted.
S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.
The following Bill was taken up.
H. 3843 -- Reps. L. Martin, Burriss, Hayes, Fair, Wells and Harvin: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE THE REFERENCES TO ALCOHOLIC BEVERAGES TO REGULATED BEVERAGES, REVISE DEFINITIONS AND REQUIREMENTS PERTAINING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE ALCOHOLIC BEVERAGE CONTROL ACT, LICENSES AND PERMITS, THE TRANSPORTATION, POSSESSION, CONSUMPTION, SALE, MANUFACTURE, AND IMPORTATION OF REGULATED BEVERAGES, OFFENSES, AND PENALTIES, AND DELETE OBSOLETE LANGUAGE; AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 12, RELATING TO PRODUCERS AND WHOLESALERS OF BEER AND WINE.
Rep. L. MARTIN moved to recommit the Bill to the Labor, Commerce and Industry Committee, which was agreed to.
The following Bill was taken up.
S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6644.HC), which was adopted.
Amend the bill, as and if amended, by adding two appropriately numbered sections to read:
/SECTION ___. Section 34-29-40(b) of the 1976 Code is amended to read:
"(b) The board shall grant or deny each application for a license which is accompanied by the required fees, within sixty days from the date of mailing said the notice, unless extended by written agreement of the applicant and board, if it shall find finds:
(1) that the financial responsibility, character, experience, and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly, and efficiently within the purposes of this chapter, which requirements shall must be maintained during the period of the license,;
(2) that the applicant has available liquid assets of not less than twenty-five seventy-five thousand dollars for operation of such the business at the specified location; provided, that any licensed person engaged in the business of lending as of August 7, 1966, shall have five years from August 7, 1966, to meet this requirement, for the operation of such business at the specified location,; and
(3) allowing such the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located; thereupon, it.
If the findings are made as provided in this subsection, the board shall enter an order granting the application, place on file its findings of fact, and forthwith immediately issue a license to the applicant. However, where the number of licensees in a community is less than two, upon properly qualified applications under clauses items (1) and (2) hereof, the board shall issue additional licenses as to bring the number of licenses to two in such the community."
SECTION ___. Section 37-3-503(2) of the 1976 Code is amended to read:
"(2) An applicant meets the minimum standard of financial responsibility for engaging in the business of making supervised loans (Section 37-3-502) if he has available for operation of that business in this State assets of at least twenty-five seventy-five thousand dollars for each license issued."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.
H. 3524 -- Reps. Kirsh and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE WITH A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".
Rep. KIRSH explained the Bill.
S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.
Rep. SNOW explained the Bill.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3524 be read the third time tomorrow.
Rep. RUDNICK moved to reconsider the vote whereby S. 1398, as amended, was given a second reading and the motion was noted.
The following Bill was taken up.
H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: A BILL TO REAPPORTION THE DISTRICTS FROM WHICH MEMBERS OF THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT ARE ELECTED.
Reps. HUFF, RUDNICK, SHARPE, SMITH and STONE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12549.DW), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 588 of 1986 is amended to read:
"Section 1. One member of the Aiken County School Board must reside in and be elected from each of the following defined single-member election districts for terms of four years by the electors within each election district:
District Number Population Variance
and Composition of Districts
District No. 1
Saluda County Part 3,212
Aiken County
Monetta Division 3,138
Salley Division 2,562
Wagener Division 3,355
12,267 +1.44
District No. 2
Beech Island Division
Block GP 3 798
Blocks 224-250 697
ED 150 2
ED 151 32
Jackson Division 2,650
New Ellenton 5,940
Windsor Division 1,911
12,030 +0.52
District No. 3
Beech Island Division 4,839
Less: Blocks 224-250 (697)
Block GP 3 (798)
ED 150 (2)
ED 151 (32)
North Augusta Division
Tract 210.01 4,291
Tract 210.02 4,563
12,164 +0.59
District No. 4
North Augusta Division
Tract 207 9,663
Less: Block 427 (370)
Block GP 5 (1,395)
Block GP 6 (1,847)
Block GP 9 (713)
Tract 208 6,301
11,639 -3.75
District No. 5
North Augusta Division
Tract 205 1,769
Tract 206 6,819
Less: Blk GP 5 (590)
Tract 207
Block 427 370
Block GP 5 1,395
Block GP 6 1,847
Block GP 9 713
12,323 +1.90
District No. 6
Aiken Division
Tract 203
ED 133 694
ED 134 412
ED 135 120
North Augusta Division
Tract 204 3,506
Tract 206
Block GP 5 590
Tract 211 6,635
11,957 -3.79
District No. 7
Aiken Division
Tract 203 5,654
Less: ED 133 (694)
ED 134 (412)
ED 135 (120)
Block 901 (168)
Tract 214 7,350
Tract 215
Blocks 101-104 362
105-111 270
112-114 64
116-117 78
Tract 216
Blocks 203-207 49
329 0
346 0
12,433 +2.81
District No. 8
Aiken Division
Tract 203
Block 901 168
Tract 215
Block GP 1 1,099
Less Blocks:
101-104 (362)
105-111 (270)
113-114 (64)
116-117 (78)
Block GP 2 1,089
Tract 216 7,234
Less Blocks:
203-207 (49)
329 (0)
346 (0)
Edisto-Shaws Division 2,994
11,761 -2.74
District No. 9
Aiken Division
Tract 212 6,394
Tract 213 3,651
Tract 215 4,406
Less Block GP 1 (1,099)
Block GP 2 (1,089)
12,263 +1.41
DISTRICT 1
Area Population
Aiken County
MONETTA 1,319
NEW HOLLAND 844
OAK GROVE 864
PERRY 1,287
SALLEY 990
SHILOH
Tract 0202.00
Blocks: 209, 210, 211, 212, 218, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 238, 242, 243 649
TABERNACLE 795
WAGENER 2,209
WARD
Tract 0201.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272, 273, 282, 283, 284, 285, 286, 287, 288, 289, 290 480
Tract 0202.00
Blocks: 101, 102, 103, 104, 105, 106, 111, 112, 113, 114, 115, 116, 119, 137 240
WHITE POND
Tract 0219.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 396, 397 523
Saluda County
CLYDE
Tract 9604.00
Blocks: 107, 111, 115, 116, 117, 118, 119 189
MONETTA 253
RICHLAND
Tract 9602.00
Blocks: 464 6
Tract 9604.00
Blocks: 120, 121, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 456
RIDGE SPRING 1,329
WARD 607
DISTRICT TOTAL 13,040
DISTRICT 2
Area Population
Aiken County
COUCHTON
Tract 0219.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 131, 132 253
HAMMOND
Tract 0209.00
Blocks: 149, 150, 211, 212, 214, 225, 228, 229, 241, 251, 252, 254, 255, 256, 257, 258, 259, 260, 261, 301, 302, 303, 304, 305, 306, 307, 309, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358 1,227
JACKSON 2,843
MONTMORENCI
Tract 0216.01
Blocks: 373 21
Tract 0219.00
Blocks: 127, 128, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 221 150
Tract 0220.00
Blocks: 102, 103, 104, 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 190, 191, 192, 193, 194, 195, 196, 197, 601, 602, 603, 604, 605, 629, 630, 631 331
NEW ELLENTON 2,515
TALATHA 4,351
WHITE POND
Tract 0219.00
Blocks: 320, 321, 322, 323, 324, 325, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395 260
WINDSOR 1,685
DISTRICT TOTAL 13,636
DISTRICT 3
Area Population
Aiken County
BATH 1,749
BEECH ISLAND 2,166
CLEARWATER 1,511
HAMMOND
Tract 0209.00
Blocks: 141, 143, 145, 147, 164, 165, 166, 170, 176, 177, 178, 179, 181, 207, 231, 232, 237, 238, 239, 240, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 310 1,319
JORDANTOWN
Tract 0210.01
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 613, 618, 619, 620 676
LYNWOOD 1,608
TOWN CREEK 1,103
WILLOW SPRINGS 3,641
DISTRICT TOTAL 13,773
DISTRICT 4
Area Population
Aiken County
BELVEDERE 9
Tract 0207.01
Blocks: 201A, 201B, 202, 203, 204, 205, 206, 207A, 208A, 209A, 209B, 210, 211, 403A, 404A 506
Tract 0207.02
Blocks: 101 326
CAROLINA HEIGHTS 2,242
FOX CREEK
Tract 0205.00
Blocks: 119, 120A, 120B 0
Tract 0208.00
Blocks: 901B, 901C, 915 182
NORTH AUGUSTA 25 1,949
NORTH AUGUSTA 26
Tract 0207.01
Blocks: 207B, 208B, 401A, 403B, 403C, 404B, 405, 406, 407, 408, 409, 410, 411, 412, 502, 503, 504 770
Tract 0207.02
Blocks: 102, 103, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409 942
NORTH AUGUSTA 28 2,142
NORTH AUGUSTA 29 1,547
NORTH AUGUSTA 54 1,851
NORTH AUGUSTA 55 1,465
DISTRICT TOTAL 13,922
DISTRICT 5
Area Population
Aiken County
BELVEDERE 44 2,260
BELVEDERE 45
Tract 0205.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226A, 226B, 227, 228A, 228B, 228C, 229, 230, 231, 232, 233, 234, 235A, 235B 1,127
Tract 0206.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 301, 302, 303, 304, 305, 306, 307, 308, 309, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 525B, 525C, 526, 527, 528, 529A, 529B, 530, 531, 532A, 532B, 532C, 532D, 533A, 533B, 534, 535A, 535B, 535C, 535D, 536, 537, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 902, 903 3,461
Tract 0207.01
Blocks: 601A, 601B, 602A, 602B, 602C, 901A, 901B, 901C 96
BELVEDERE 9
Tract 0206.00
Blocks: 118, 119, 120, 121, 201, 202, 212, 213, 214, 215, 216, 217, 218, 219, 310, 311, 312, 313, 314, 315, 320, 321, 322, 408, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 428, 906A, 906B, 906C, 906D, 906E, 906F, 906H, 931A, 931B 1,445
FOX CREEK
Tract 0205.00
Blocks: 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 105C, 105D, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 127A, 127B, 128A, 128B, 129 1,783
Tract 0207.01
Blocks: 902, 903, 904, 905A, 905B, 906B, 906C, 907, 908, 909A, 909B, 910B, 910C, 911B, 912B, 913, 914A, 914B, 915A, 915B, 915C, 916 288
NORTH AUGUSTA 26
Tract 0207.01
Blocks: 401B, 402, 501, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 1,836
NORTH AUGUSTA 27 1,911
DISTRICT TOTAL 14,207
DISTRICT 6
Area Population
Aiken County
AIKEN 1
Tract 0212.01
Blocks: 101A, 101B 10
Tract 0212.02
Blocks: 102A, 102B 0
Tract 0213.00
Blocks: 222, 314, 319, 321, 322, 323, 324, 325, 326, 401, 402, 405, 406, 407, 408, 409, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 412, 413A, 413B, 414A, 414B, 414C, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 1,012
AIKEN 2
Tract 0213.00
Blocks: 223, 312A, 315, 316, 317, 318, 320 104
BELVEDERE 45
Tract 0206.00
Blocks: 538 0
BREEZY HILL 2,035
CHINA SPRINGS
Tract 0203.00
Blocks: 574, 575, 576, 577, 578, 581, 584, 585, 586, 587 151
EUREKA 1,281
GLOVERVILLE 1,577
GRANITEVILLE
Tract 0204.00
Blocks: 113, 114, 115, 116, 119, 120, 122, 124, 125, 201, 204, 205, 206, 207, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 418, 507, 508 996
JORDANTOWN
Tract 0210.01
Blocks: 631 0
Tract 0211.00
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 626 454
LANGLEY
Tract 0210.01
Blocks: 101, 102, 103, 106, 133, 616, 617, 901A, 901B, 903, 904, 908 84
Tract 0211.00
Blocks: 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 501, 502, 503, 506, 507, 508, 509, 510, 511, 512, 515, 516, 517, 531, 532, 533, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710 2,759
SIX POINTS 35
Tract 0213.00
Blocks: 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312B, 313A, 313B, 313C, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512A, 512B, 512C, 512D, 513, 514, 515, 516, 517, 518, 519, 520, 524, 526, 527, 528 1,347
VAUCLUSE
Tract 0203.00
Blocks: 312, 367, 524, 525, 526, 527, 528, 533, 534, 535, 536, 537, 538, 539, 540, 541, 545, 546, 547, 548, 552, 562, 565, 566, 579, 580, 582, 583, 588, 590, 591, 592 305
WARRENSVILLE 2,202
DISTRICT TOTAL 14,317
DISTRICT 7
Area Population
Aiken County
AIKEN 2
Tract 0213.00
Blocks: 102, 103, 212, 213, 214, 215 227
Tract 0214.00
Blocks: 408, 409, 410, 411, 412, 413, 415, 416, 422, 424, 425, 426, 517, 518, 519, 522A, 523A, 524A, 525A, 530, 531, 532, 601A, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 704, 705A, 706A, 708A, 709A, 709B, 710, 711, 712, 713, 717A, 718, 719, 720, 721, 722A, 723A, 805A, 806, 807A, 809A, 810A, 810B, 810C, 817A, 818A, 819, 820, 821A, 822A, 825A, 828A 2,286
AIKEN 3
Tract 0203.00
Blocks: 907A 39
Tract 0214.00
Blocks: 101, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 520 609
AIKEN 4 2,336
AIKEN 5
Tract 0213.00
Blocks: 115 10
Tract 0214.00
Blocks: 301, 302, 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329 339
Tract 0215.00
Blocks: 105, 106, 107, 108, 112A, 113A, 114A, 115A, 115B, 116A, 117A, 119A, 125A 428
Tract 0216.01
Blocks: 410, 411, 412, 413, 417A, 418A, 419A, 420, 421, 422, 423, 424A, 425 202
CHINA SPRINGS
Tract 0203.00
Blocks: 204, 205, 206, 207, 208, 209, 231, 232, 233, 240, 241, 301, 302, 303, 304, 305, 306, 309, 310, 313, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 901, 902, 903, 904, 905, 906, 907B, 908, 912, 913, 914 2,057
GRANITEVILLE
Tract 0203.00
Blocks: 212, 218, 219, 220, 221, 222, 223, 224, 226A, 226B, 236, 237A, 237B, 238, 239 749
Tract 0204.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 118, 121, 123, 126, 127, 202, 203, 208, 901A, 901B, 902, 903, 904, 905, 906, 907A, 907B, 908A, 908B, 909A, 909B, 910, 911 1,014
LEVELS
Tract 0215.00
Blocks: 101A, 101B, 102, 103, 111, 112B, 112C, 113B, 114B, 114C, 114D, 116B, 117B, 118B, 119B, 125B 406
Tract 0216.01
Blocks: 366A, 366B, 419B, 424B 0
Tract 0216.02
Blocks: 311A, 311B 18
MONTMORENCI
Tract 0216.02
Blocks: 310A, 310B 10
SIX POINTS 35
Tract 0214.00
Blocks: 701, 702, 703, 705B, 706B, 707, 708B, 709C 84
SIX POINTS 46 2,370
VAUCLUSE
Tract 0203.00
Blocks: 225, 307, 308, 311, 314, 315, 316, 317, 365, 366, 368, 369, 370, 371, 372, 589 599
DISTRICT TOTAL 13,783
DISTRICT 8
Area Population
Aiken County
AIKEN 3
Tract 0203.00
Blocks: 909A 134
Tract 0216.01
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 211A, 212A 1,452
AIKEN 5
Tract 0213.00
Blocks: 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 128, 129, 130, 131, 132, 133, 134, 139, 140, 141 141
Tract 0214.00
Blocks: 307, 308, 309, 310 38
Tract 0215.00
Blocks: 118A, 120, 121, 122, 123, 124, 201, 202, 203, 204, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 220, 221, 225A, 225B, 225C, 506, 507, 508, 509, 510, 511, 520, 521, 522, 523, 524, 525 1,498
AIKEN 6
Tract 0215.00
Blocks: 205, 206, 213, 401, 429, 501, 502, 503, 504, 505, 512, 513, 514, 515, 516, 517, 518, 519 364
CHINA SPRINGS
Tract 0203.00
Blocks: 909B, 910, 911 50
COLLEGE ACRES 1,566
COUCHTON
Tract 0216.01
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365A, 367, 368, 369, 370, 371, 374, 375, 376 1,693
Tract 0219.00
Blocks: 126 1
LEVELS
Tract 0215.00
Blocks: 218, 219A, 219B, 225D, 226C 198
Tract 0216.02
Blocks: 101A, 101B, 101C, 102B, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201A, 201B, 202A, 202B, 203A, 203B 1,234
MONTMORENCI
Tract 0216.01
Blocks: 372 0
Tract 0216.02
Blocks: 301, 302, 303A, 303B, 304, 305, 306, 307A, 307B, 308A, 308B, 309A, 309B, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 869
Tract 0220.00
Blocks: 101 0
REDDS BRANCH 1,384
SHAWS FORK 668
SHILOH
Tract 0202.00
Blocks: 130, 201, 202, 203, 204, 205, 206, 207, 208, 213, 214, 215, 216, 217, 219, 235, 236, 237, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 333, 345, 346 1,312
WARD
Tract 0201.00
Blocks: 233, 234, 243, 271, 274, 275, 276, 277, 278, 279, 280, 281, 291, 292, 293, 294, 295, 296, 297 124
Tract 0202.00
Blocks: 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 132, 133, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 196, 197 718
DISTRICT TOTAL 13,444
DISTRICT 9
Area Population
Aiken County
AIKEN 1
Tract 0213.00
Blocks: 104, 105, 106, 107, 108, 109, 110, 125, 126, 127, 135, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 217, 218, 219, 220, 221, 224, 225, 226, 227, 228, 327, 328, 329, 330, 403, 404 406
AIKEN 47 1,821
AIKEN 6
Tract 0212.02
Blocks: 202A, 301A, 302, 303, 304, 305, 306, 307, 308, 401A, 402 437
Tract 0213.00
Blocks: 122, 123, 124, 136, 137 85
Tract 0215.00
Blocks: 222, 223, 224, 226A, 301, 302A, 302B, 402, 403A, 404A, 405A, 407A, 408A, 409A, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 858
HOLLOW CREEK 5,298
LEVELS
Tract 0215.00
Blocks: 226B, 227, 303, 304A, 304B, 304C, 304D, 305, 306A, 306B, 307, 308A, 308B, 309A, 309B, 310, 311A, 311B, 311C, 312A, 312B, 313A, 313B, 314A, 314B, 314C, 314D, 314E, 315, 316, 320, 321, 323, 324, 325, 326A, 326B, 403B, 404B, 405E, 406, 407B, 408B, 409B 1,186
Tract 0216.02
Blocks: 102A 0
MILLBROOK 3,567
DISTRICT TOTAL 13,658.
Amend title to read:
TO AMEND ACT 588 OF 1986, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS./
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
Reps. WILKINS, M.O. ALEXANDER, ANDERSON, BAKER, CATO, CLYBORNE, FAIR, HASKINS, JASKWHICH, MANLY, MATTOS and VAUGHN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19288.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Beginning with the 1992 election, the Board of Trustees of the Greenville County School District consists of twelve members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the twelve defined single-member election districts established in Section 2 of this act. In the 1992 election, members of the board must be elected from the odd-numbered districts for four-year terms. Thereafter, their successors must also be elected for four-year terms. The present members of the board who reside in the newly created even-numbered districts shall continue to be members of the board representing these respective districts until 1994 at which time they or their successors shall be elected for four-year terms. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days before the election. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.
The candidate receiving the highest number of the votes in each district in the election must be declared elected.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
Except for those present members of the board from the newly created even-numbered districts who shall continue to serve until 1994 as provided by this section, the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
SECTION 2. The twelve defined single-member election districts from which members of the board of trustees of the Greenville County School District must be elected are as follows:
DISTRICT 1
Area Population
Greenville County
EBENEZER 1,827
GOWENSVILLE
Tract 0024.01
Blocks: 407, 408, 426, 427, 428, 429, 430, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 516, 519, 541, 542, 543 562
JENNINGS MILL 996
MARIDELL 2,795
MOUNTAIN VIEW 2,029
PARIS MOUNTAIN 1,368
SANDY FLAT
Tract 0026.01
Blocks: 201, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 225, 260 933
Tract 0039.02
Blocks: 116, 117, 118, 119, 120, 122, 123, 124, 125, 133, 134, 135, 136, 138, 141, 143, 147, 152 586
SKYLAND
Tract 0024.01
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 315, 316, 317, 318, 319, 320, 321, 322, 323, 328, 329, 330, 332, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345 1,787
Tract 0024.02
Blocks: 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 119, 120, 121, 122, 150 626
SLATER MARIETTA 5,725
TIGERVILLE 1,934
TRAVELERS REST 3,074
TUBBS MOUNTAIN 2,846
DISTRICT TOTAL 27,088
DISTRICT 2
Area Population
Greenville County
FROHAWK 2,931
GREER 1 1,440
GREER 2 1,340
GREER 3 1,543
GREER 4 2,344
ONEAL 3,081
PLEASANT GROVE 4,208
TAYLORS 3,684
Spartanburg County
ARLINGTON
Tract 0232.00
Blocks: 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 136, 137, 138 812
Tract 0233.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 116, 117, 118A, 118B, 119, 120, 121A, 121B, 122A, 122B, 123, 124A, 124B, 124C, 125, 126, 127, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140 1,300
BALLENGER
Tract 0232.00
Blocks: 104, 105, 107 93
EAST GREER 1,511
PELHAM 723
VICTOR MILL
Tract 0233.00
Blocks: 315, 318, 319, 320, 321, 322A, 323, 324, 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 501A, 501B, 501C, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 518A, 518B, 518C, 518D, 518E, 518F, 519, 520, 521A, 521B, 522, 523, 524, 525, 526, 595, 596, 597, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 801, 802, 803, 804, 805, 806A, 806B, 807, 808, 809, 810, 811, 812, 813, 814, 815 3,611
DISTRICT TOTAL 28,621
DISTRICT 3
Area Population
Greenville County
ARMSTRONG 1,542
BEREA 2,984
FURMAN 5,028
LEAWOOD 3,177
MONAVIEW 5,008
PARK PLACE 3,550
POINSETT 2,850
SULPHUR SPRINGS 2,506
UNION BLEACHERY 1,052
DISTRICT TOTAL 27,697
DISTRICT 4
Area Population
Greenville County
AVON 2,312
BROOKGLENN 3,756
EDWARDS FOREST 2,467
FAIRVIEW 3,518
NORTHWOOD 2,520
PEBBLE CREEK 3,936
PIEDMONT PARK 4,124
SANDY FLAT
Tract 0026.01
Blocks: 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 230, 231, 232, 233, 235, 238, 242, 244, 249, 250, 251, 252 1,605
Tract 0039.02
Blocks: 139, 140, 150, 151, 157, 158, 201, 203, 204, 205, 206, 255, 256 359
WADE HAMPTON 1,598
WOODLAWN 2,554
DISTRICT TOTAL 28,749
DISTRICT 5
Area Population
Greenville County
BATESVILLE 4,777
DEL NORTE 4,000
DEVENGER 4,144
DOVE TREE 2,912
MAULDIN 2 3,095
MEADOWOOD 1,353
MERRIFIELD 1,415
MISSION
Tract 0018.02
Blocks: 901A, 901B, 901C, 902 253
Tract 0028.05
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 1,243
ROCKY CREEK
Tract 0026.05
Blocks: 930, 931 14
Tract 0028.06
Blocks: 102, 103, 104, 105, 106, 107, 108, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 2,318
Tract 0028.07
Blocks: 101, 102, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209C, 210, 211, 212, 213, 217C, 221B, 221C, 901, 902A, 902B, 902C, 903, 904, 905, 906, 907, 908, 914, 915, 916, 917, 918, 919C, 919D 2,027
DISTRICT TOTAL 27,551
DISTRICT 6
Area Population
Greenville County
BOTANY WOODS 1,629
CHEROKEE 2,459
GREENVILLE 1 1,168
GREENVILLE 2
Tract 0011.01
Blocks: 609, 610, 611, 612 136
Tract 0011.02
Blocks: 203, 204, 205, 206, 207, 208, 213, 214, 215, 301, 302, 303 519
GREENVILLE 25 2,797
GREENVILLE 26
Tract 0012.02
Blocks: 204, 205, 206, 207, 208, 209, 210, 211, 407, 408, 409, 410 593
GREENVILLE 27 4,571
GREENVILLE 28 1,794
GREENVILLE 3 1,623
LAKE FOREST 2,214
ROCK HILL 3,779
TIMBERLAKE 1,782
WELLINGTON 1,356
DISTRICT TOTAL 26,420
DISTRICT 7
Area Population
Greenville County
ALEXANDER
Tract 0007.00
Blocks: 218B 13
Tract 0008.00
Blocks: 104C 0
Tract 0022.02
Blocks: 409C 95
BRANDON
Tract 0021.05
Blocks: 111, 112A, 112B, 112C, 113, 114, 115A, 115B, 116, 118, 120, 417 199
GREENVILLE 10 923
GREENVILLE 12 1,327
GREENVILLE 13 2,833
GREENVILLE 14 3,916
GREENVILLE 15
Tract 0013.02
Blocks: 311 12
GREENVILLE 2
Tract 0011.02
Blocks: 201, 202, 209, 210, 211, 212 533
GREENVILLE 22
Tract 0019.00
Blocks: 216, 217 85
GREENVILLE 24 1,121
GREENVILLE 26
Tract 0012.02
Blocks: 201, 202, 203, 214, 215, 216, 217, 218, 402, 403, 405, 406, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 707, 708, 709, 710, 801, 802, 803, 804 2,050
GREENVILLE 4 2,480
GREENVILLE 5 1,816
GREENVILLE 6 1,757
GREENVILLE 7
Tract 0007.00
Blocks: 217, 301, 302, 303, 304, 305, 306, 307 521
Tract 0008.00
Blocks: 101, 102, 103, 104A, 104B, 105A, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220 1,199
GREENVILLE 8
Tract 0005.00
Blocks: 104, 105, 113, 401A, 401B, 402A, 402B, 407A, 407B, 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512A, 512B, 513, 514, 515 826
Tract 0006.00
Blocks: 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 312 469
Tract 0007.00
Blocks: 209, 210, 211, 212, 213, 214, 215, 216 390
Tract 0021.05
Blocks: 109, 203, 204, 205, 209, 210A, 210B, 211A, 211B, 212A, 212B, 213 214
GREENVILLE 9
Tract 0004.00
Blocks: 401, 404, 405, 406, 407, 412, 419 295
Tract 0005.00
Blocks: 101, 103, 106, 114 67
Tract 0006.00
Blocks: 310, 311, 313, 314, 315, 316 0
MISSION
Tract 0018.02
Blocks: 905, 908A, 908B, 909A, 909B, 910, 911, 912 132
WASHINGTON HEIGHTS 2,459
DISTRICT TOTAL 25,732
DISTRICT 8
Area Population
Greenville County
CONESTEE 3,042
DUNEAN
Tract 0021.03
Blocks: 102A, 102B, 102C 108
Tract 0021.07
Blocks: 224 0
Tract 0021.08
Blocks: 208, 218, 219, 222, 223A, 223B, 224 174
GREENBRIAR
Tract 0029.01
Blocks: 919 0
Tract 0029.02
Blocks: 402, 408A, 408B, 408C, 410, 412, 413, 414, 416C, 417A, 417B, 903, 904A, 904B, 905, 906B, 907, 908B, 921, 922 771
GREENVILLE 11
Tract 0003.00
Blocks: 205, 206, 207, 214, 216 79
Tract 0004.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 118, 206, 207, 208, 209, 212, 213, 215, 216, 301, 302, 303 740
GREENVILLE 15
Tract 0013.02
Blocks: 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, 110A, 110B, 110C, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310 1,825
Tract 0019.00
Blocks: 101, 102, 103, 104, 105 212
GREENVILLE 16 1,931
GREENVILLE 17 1,590
GREENVILLE 18 1,480
GREENVILLE 19
Tract 0015.01
Blocks: 413, 414, 501, 504, 505, 506, 507, 508 531
Tract 0015.02
Blocks: 501, 502, 507, 508 99
GREENVILLE 20 1,700
GREENVILLE 21 1,480
GREENVILLE 22
Tract 0019.00
Blocks: 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 203, 204, 205, 206, 211, 212, 213, 214, 215, 218, 219, 220, 221, 222, 920, 921 1,808
GREENVILLE 23 2,942
LAUREL CREEK 823
MAULDIN 1 1,506
MAULDIN 3 2,106
MISSION
Tract 0019.00
Blocks: 901A, 901B, 901C, 901D, 901E, 901F, 901G, 910A, 910B, 910C, 910D, 910E, 912A, 912B, 913A, 913B, 913C, 915, 916A, 916B, 916C 153
ROCKY CREEK
Tract 0028.07
Blocks: 909, 910A, 910B, 911, 912B, 913 1
SOUTHSIDE
Tract 0021.03
Blocks: 103, 104, 105, 107, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 1,939
Tract 0021.07
Blocks: 810, 825, 826, 833, 834, 836, 837, 838, 839 18
DISTRICT TOTAL 27,058
DISTRICT 9
Area Population
Greenville County
BELLE MEADE 3,226
BRANDON
Tract 0021.05
Blocks: 301, 302, 303 54
CAROLINA
Tract 0021.03
Blocks: 221, 222, 223, 224, 230, 231 142
Tract 0021.07
Blocks: 821, 841 0
Tract 0035.00
Blocks: 918 0
Tract 0036.02
Blocks: 204, 206, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 901 (partial), 902, 903 1,195
CHESTNUT HILLS
Tract 0021.07
Blocks: 802, 803, 804, 808, 811, 813, 814, 815, 817, 818, 819, 820, 823, 824, 827, 828, 829, 830, 831, 832, 835, 840 897
DONALDSON 1,002
DUNEAN
Tract 0005.00
Blocks: 208A 0
Tract 0021.07
Blocks: 201, 202, 218, 219, 220, 226, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 1,137
Tract 0021.08
Blocks: 105, 106, 107, 108, 110, 111, 112, 113, 114, 116A, 117, 118, 119, 120, 121, 122, 125, 126, 127, 129, 130A, 131A, 132A, 132B, 133, 201, 202, 203, 204, 205, 206, 207, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 221, 313, 314, 317, 318, 319, 320, 321 1,577
GANTT 3,650
GREENVILLE 11
Tract 0004.00
Blocks: 201, 202, 203, 204, 205, 210, 211, 214 389
GREENVILLE 19
Tract 0015.02
Blocks: 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612C, 701B, 710, 711B, 716B, 717C, 717D, 720B, 720C 2,123
GREENVILLE 8
Tract 0005.00
Blocks: 403, 404, 405, 406 125
Tract 0021.05
Blocks: 201A, 201B, 202A, 202B, 206, 207, 208, 217 285
Tract 0021.08
Blocks: 101, 102, 103, 104A, 104B, 109, 115A, 115B, 115C, 116B, 123, 124, 128 395
GREENVILLE 9
Tract 0004.00
Blocks: 402, 403, 413, 414, 416, 417, 418, 420, 421, 422, 423, 424, 425, 426, 427 361
Tract 0005.00
Blocks: 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305 1,003
Tract 0021.08
Blocks: 130B, 131B 81
GROVE
Tract 0033.01
Blocks: 201, 202, 212, 216 119
Tract 0033.02
Blocks: 301, 302, 303 117
Tract 0035.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 919, 920, 921, 922 1,376
Tract 0036.02
Blocks: 905, 906, 907, 908 842
PARAMOUNT 1,567
REEDY FORK
Tract 0033.02
Blocks: 201, 203, 204, 205, 206, 207, 208, 209, 211, 215 589
ROYAL OAKS 2,510
SOUTHSIDE
Tract 0021.03
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 225, 226, 227, 228, 229 967
DISTRICT TOTAL 25,729
DISTRICT 10
Area Population
Greenville County
ALEXANDER
Tract 0008.00
Blocks: 105B 9
Tract 0022.01
Blocks: 413B, 414B, 501A, 501B, 506, 508, 509B, 509C, 712A, 712B, 713, 714 297
Tract 0022.02
Blocks: 402C, 402D, 403, 404, 405, 406, 407, 408, 410, 412, 413, 414, 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 514, 516, 517, 522, 523, 524, 525, 526, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 620, 622, 623, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712A, 712B 2,263
BRANDON
Tract 0021.04
Blocks: 401, 418, 419, 420, 421, 422, 607, 608, 619, 620, 621, 622, 820 412
Tract 0021.05
Blocks: 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 110, 304, 305, 306, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 423, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 517, 525, 526 2,026
CAROLINA
Tract 0036.02
Blocks: 201, 202, 203, 205, 207, 208, 209, 901 (partial), 904 1,073
CHESTNUT HILLS
Tract 0021.07
Blocks: 724, 725, 801, 805, 806, 807, 809, 812, 816, 822 870
CITY VIEW 1,440
GREENVILLE 7
Tract 0008.00
Blocks: 108, 109, 110, 111, 112A, 112B, 112C, 113A, 113B, 114A, 114B, 115, 116A, 116B, 117, 118 302
Tract 0021.05
Blocks: 501A, 501B 2
MONAGHAN 910
SALUDA 1,885
TANGLEWOOD 3,849
WELCOME 4,991
WESTCLIFFE 3,173
WESTSIDE 3,716
DISTRICT TOTAL 27,218
DISTRICT 11
Area Population
Greenville County
BRYSON 2,516
FOUNTAIN INN 3,623
GILDER CREEK
Tract 0028.06
Blocks: 150, 151, 152, 317, 318, 319 1,187
Tract 0028.07
Blocks: 109, 110, 111, 112, 113, 114, 301, 303, 304, 305, 306 1,118
Tract 0030.03
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 125, 128, 129, 130, 131, 132, 133, 134 2,681
HILLCREST 2,836
PLINEY 2,842
SIMPSONVILLE 1 2,368
SIMPSONVILLE 2 4,251
SIMPSONVILLE 3 2,327
Laurens County
COOKS STORE 684
JONES STORE 1,607
STEWART STORE
Tract 9801.00
Blocks: 208, 209, 211A, 211B, 212, 213B, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 240, 241, 301, 302, 303, 304, 305, 306, 307 760
DISTRICT TOTAL 28,800
DISTRICT 12
Area Population
Greenville County
DUNKLIN
Tract 0032.00
Blocks: 163, 324, 327, 330, 331, 332, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 482, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 553, 554, 555, 557, 558, 565, 566 2,651
FORK SHOALS 2,502
GILDER CREEK
Tract 0028.07
Blocks: 103, 104A, 104B, 105A, 105B, 105C, 105D, 106A, 106B, 106C, 106D, 106E, 106F, 106G, 106J, 106K, 107A, 107B, 107C, 107D, 108A, 108B, 108C, 108D, 302A, 302B 1,309
GREENBRIAR
Tract 0029.02
Blocks: 403A, 403B, 404A, 404B, 411A, 411B 75
Tract 0029.03
Blocks: 101A, 101B, 101C, 117, 118, 119, 127B, 128, 130, 131, 301C, 302B, 309B, 317B, 601, 602, 603, 604, 605A, 605C, 605D, 606A, 606C, 607, 608, 609 782
GROVE
Tract 0033.01
Blocks: 203, 204, 205, 206, 207, 210, 211, 213, 214, 215, 217, 226, 227, 228 782
Tract 0033.02
Blocks: 304 52
HOPEWELL 3,304
MAULDIN 4 3,652
PIEDMONT 3,032
REEDY FORK
Tract 0033.02
Blocks: 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 202, 210, 212, 213, 214, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 245, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333 3,180
STANDING SPRINGS 4,024
WARE PLACE 3,535
DISTRICT TOTAL 28,880
SECTION 3. If any member of the board of trustees of the Greenville County School district after the 1992 election moves his residence from the single-member election district that he represents, his office becomes vacant automatically.
SECTION 4. Act 544 of 1982 is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.
The following Bill was taken up.
S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2393.AC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 47-5-60 of the 1976 Code is amended to read:
"Section 47-5-60. Prior to July first of each year, every A pet owner of a pet shall must have his pet it inoculated against rabies, except those pets receiving an inoculation, evidenced by a certificate, from a licensed graduate veterinarian at a frequency to provide continuous protection of the pet from rabies using a vaccine good for a longer period of time than one year, such vaccine to be of an approved and proven quality with the longer period of time to be specified approved by the department of Health and Environmental Control after consultation with the Executive Committee of the South Carolina Association of Veterinarians. Evidence of such inoculation shall consist of a certificate signed by a licensed graduate veterinarian. This certificate shall be in a form prepared and issued by the Department of Health and Environmental Control and no other certificate shall be used and licensed by the United States Department of Agriculture--Veterinary Biologics Division. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on such the certificate. One The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate shall be given to the owner, one filed with the county health department, and one retained by the person administering the vaccine of the pet and must retain one copy in his files for not less than three years. Coincident With the issuance of the certificate, the licensed graduate veterinarian shall also furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag, when issued by the licensed graduate veterinarian, shall bear the name of such veterinarian. The metal license tag shall at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued. Annually before February first, the veterinarian shall report to the department the number of animals inoculated against rabies during the preceding year. The department in conjunction with licensed veterinarians, shall promote annual rabies clinics. The fee for rabies inoculation at these clinics may not exceed three dollars including the cost of the vaccine, and this charge must be paid by the pet owner. Fees collected by veterinarians at these clinics are their compensation."
SECTION 2. Section 47-5-150 of the 1976 Code is amended to read:
"Section 47-5-150. The When it considers necessary, the department of Health and Environmental Control shall furnish free of cost antirabic (human) vaccine to the physician attendant upon persons bitten by any or otherwise exposed to a pet or other animal found or suspected to be affected by rabies. Such If the department considers it necessary to provide antirabic (human) vaccine shall meet the standard and approval of the United States Public Health Service to the persons bitten or otherwise exposed to a pet suspected of or having rabies that has not been vaccinated, the pet owner shall reimburse the department for the cost of the vaccine. Reimbursement is due the department within thirty days after billing."
SECTION 3. Section 47-5-180 of the 1976 Code is amended to read:
"Section 47-5-180. The rabies control officer, under the direction of the county health department or the county board of health, shall enforce the provisions of this chapter and, for the purpose of enforcing this chapter,. The sheriff and his deputies, and the police officers in each incorporated municipality, and animal control officials in each county and municipality shall be aides and are instructed to assist and cooperate with the county health department in carrying out the provisions of enforcing this chapter.
The rabies control officer shall organize and publicize the annual clinics in conjunction with licensed graduate veterinarians. In the event that a licensed graduate veterinarian does not reside within the county, then the rabies control officer shall contact the Department of Health and Environmental Control which shall provide a veterinarian to conduct the annual clinics."
SECTION 4. Sections 47-5-70, 47-5-130, 47-5-140, 47-5-160, and 47-5-170 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. L. MARTIN moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. L. MARTIN explained the Joint Resolution.
Rep. ALTMAN moved to adjourn debate upon the Joint Resolution, which was adopted.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 1450 -- Senator Holland: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND TO FURTHER PROVIDE FOR THE USE OF THESE FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12519.DW), which was adopted.
Amend the bill, as and if amended, in Section 17-22-100 of the 1976 Code, as contained in SECTION 5, page 3, line 38, by striking /court/ and inserting /chief administrative judge of the court of general sessions/; line 43 by inserting after /the/ /chief administrative/; inserting after /judge/ /of the court of general sessions/; page 4, line 1, by striking /waived/ and inserting /the judge, the provisions of this section may be waived/ and by striking /court/ and inserting /chief administrative judge of the court of general sessions/; and lines 3 and 6 by striking /court/ and inserting /judge/ so that when amended Section 17-22-100 shall read:
/"Section 17-22-100. An offender must make application to an intervention program or to the chief administrative judge of the court of general sessions no later than forty-five seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes such the application. Provided, however However, in the discretion of the solicitor or the chief administrative judge of the court of general sessions, if application is made directly to the judge, the provisions of this section may be waived. Applications received by the chief administrative judge of the court of general sessions under this section may be preliminarily approved by the judge pending a determination by the pretrial office that the offender is eligible to participate in a pretrial program pursuant to Sections 17-22-50 and 17-22-60. Applications received by the judge and information obtained pursuant to Section 17-22-70 must be forwarded to the pretrial office."/
Amend further in Section 17-22-110 of the 1976 Code, as contained in SECTION 6, page 4, line 16, by striking /court/ and inserting /chief administrative judge of the court of general sessions/; and on lines 23 and 24 by striking /or related prosecutorial services/ so that when amended Section 17-22-110 shall read:
/"Section 17-22-110. An applicant to an intervention program or an offender who applies to the chief administrative judge of the court of general sessions for admission to a program pursuant to Section 17-22-100 shall pay a nonrefundable application fee of fifty dollars and, if accepted into the program, a nonrefundable acceptance participation fee of two hundred fifty dollars prior to admission. All fees paid must be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall aggregate fees for application and participation in an intervention program exceed three hundred dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program, except that no services may be denied due to inability to pay."/
Amend further in Section 17-22-70 of the 1976 Code, as contained in SECTION 12, page 7, lines 13 and 14, by striking /to the court/ so that when amended Section 17-22-70 shall read:
/"Section 17-22-70. Prior to Before admittance of an offender into an intervention program, the solicitor or judge, if application is made pursuant to Section 17-22-100, may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric treatment or care received, psychological tests taken and other information which, in the solicitor's or judge's opinion, has bearing on the decision as to whether the offender should be admitted. Solicitor's office records under this section shall adhere to and abide by Federal Confidentiality Regulation 42 CFR part 2 and any other applicable federal, state, or local regulations."/
Amend further in Section 17-22-80 of the 1976 Code, as contained in SECTION 13, page 7, line 40, by striking /to the court/ so that when amended Section 17-22-80 shall read:
/"Section 17-22-80. Prior to Before any person being admitted to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program. In each case involving admission to an intervention program, the solicitor or judge, if application is made pursuant to Section 17-22-100, shall consider the recommendations of the law enforcement agency and the victim, if any, in making a decision."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19294.SD), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The fourth paragraph of Section 56-5-2940 of the 1976 Code is amended to read:
"For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., May 27, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SNOW the invitation was accepted.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
H. 4635 -- Rep. Boan: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
The following Bill was taken up.
S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
Rep. CROMER explained the Bill and moved to adjourn debate upon the Bill, which was adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
On motion of Rep. SHARPE the House stood at ease until the Ratification of Acts.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R453) S. 1037 -- Senators Leventis and Land: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.
(R454) S. 1552 -- Senator Hinson: AN ACT TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.
(R455) S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: AN ACT TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.
(R456) S. 1496 -- Senator McGill: AN ACT TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.
(R457) S. 1265 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.
(R458) S. 554 -- Senator Pope: AN ACT TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE IN MAGISTRATE'S COURT OR MUNICIPAL COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS; TO PROVIDE EXCEPTIONS; TO PROVIDE PROCEDURES FOR KEEPING NONPUBLIC RECORDS AND TO PROVIDE THAT THESE RECORDS MAY NOT BE RELEASED UNDER THE FREEDOM OF INFORMATION ACT.
(R459) S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R460) S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R461) S. 1503 -- Senator Martschink: AN ACT TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.
(R462) S. 794 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE AND EXEMPT ORDINARY AGRICULTURAL PRACTICES FROM THIS SECTION.
(R463) S. 123 -- Senators McConnell and Giese: AN ACT TO AMEND SECTION 47-1-50, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO DELETE THE OFFENSE OF CRUEL ABANDONMENT; TO AMEND SECTION 47-1-70, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", INCREASE PENALTIES, AND PROVIDE AN EXEMPTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 47-1-200 SO AS TO PROVIDE REQUIREMENTS WHEN AN ANIMAL IS TRANSFERRED OR A DOG OR CAT UNDER EIGHT WEEKS OF AGE IS IMPORTED OR EXPORTED, AND FOR PENALTIES.
(R464) S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2735 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD GRADE CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION, TO PROHIBIT PASSING WITHIN ONE HUNDRED FEET OF A RAILROAD GRADE CROSSING, AND TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED; TO AMEND THE 1976 CODE BY ADDING SECTION 58-15-1625 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING, TO AMEND SECTION 56-5-1880, RELATING TO LIMITATIONS ON DRIVING ON THE LEFT OF THE CENTERLINE, SO AS TO DELETE THE REFERENCE TO RAILROAD GRADE CROSSING, TO AMEND SECTION 56-5-2720, RELATING TO THE VEHICLES REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REQUIRE SCHOOL BUSES OR MOTOR VEHICLES WITH A CAPACITY OF SIXTEEEN OR MORE PERSONS TO STOP AT SUCH CROSSINGS, TO REVISE THE EXCEPTIONS TO THIS REQUIREMENT, AND TO DELETE THE REQUIREMENT OF THE DEPARTMENT TO PROMULGATE REGULATIONS DETAILING WHICH VEHICLES MUST STOP AT GRADE CROSSINGS, AND TO AMEND SECTIONS 56-5-2775 AND 56-5-3210, RELATING TO PENALTIES FOR TRAFFIC VIOLATIONS, SO AS TO INCLUDE THE OFFENSES ESTABLISHED BY THIS ACT.
(R465) S. 826 -- Senators Pope and Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.
(R466) S. 1464 -- Senators Rose and Reese: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ADD CHAPTER 55 WHICH CREATES THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, THE STATE LAND RESOURCES CONSERVATION COMMISSION, AND THE SOUTH CAROLINA COASTAL COUNCIL.
(R467) S. 1441 -- Senators Reese, Russell and Courtney: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.
(R468) S. 912 -- Senator Saleeby: AN ACT TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION TO THE COMMISSIONER; TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR ASSESSMENTS FOR CONSULTING EXPENSES; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 30 TO TITLE 44 SO AS TO PROVIDE FOR THE SOUTH CAROLINA HEALTH CARE PROFESSIONAL COMPLIANCE ACT.
(R469) S. 452 -- Senator Waddell: AN ACT TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.
(R470) S. 1248 -- Senator Robert W. Hayes, Jr.: AN ACT TO AMEND SECTION 27-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A SHERIFF MUST USE WHEN SELLING STOLEN OR ABANDONED PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE ASCERTAINED, SO AS TO AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THIS TYPE OF PROPERTY AND TO REVISE THE PROCEDURE FOR THE SELLING OF THE PROPERTY; TO PROVIDE THAT GLASSWARE OR OTHER DRUG PARAPHERNALIA WHICH IS RECOVERED PURSUANT TO SECTION 27-21-20 AND IS UNCLAIMED AND WHICH WOULD BE USEFUL IN A SCIENCE LABORATORY MUST BE MADE AVAILABLE FIRST TO PUBLIC SCHOOLS AND SECOND TO PUBLIC INSTITUTIONS OF HIGHER LEARNING BEFORE IT MAY BE SOLD AT PUBLIC AUCTION OR OTHERWISE DISPOSED OF; AND TO AMEND THE 1976 CODE BY ADDING SECTION 27-40-735 SO AS TO PROVIDE A PROCEDURE FOR THE REMOVAL OF PERSONAL PROPERTY BELONGING TO A TENANT REMOVED FROM A PREMISES AS A RESULT OF AN EVICTION PROCEEDING WHICH IS PLACED ON A PUBLIC STREET OR HIGHWAY AND PROVIDE IMMUNITY FROM LIABILITY FOR OFFICIALS OR EMPLOYEES IF THE TENANT IS NOT INFORMED IN THE NOTICE OF EVICTION OF THE PROVISIONS OF THIS SECTION.
(R471) S. 1314 -- Senator Land: AN ACT TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE, AND PROVIDE FOR APPLICATION OF CERTAIN NEW REQUIREMENTS TO DAMS OR RESERVOIRS CONSTRUCTED BEFORE AND AFTER THE EFFECTIVE DATE OF THIS ACT.
(R472) S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R473) S. 1437 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
(R474) S. 1280 -- Senator Land: AN ACT TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.
(R475) S. 852 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, TO PROVIDE A PENALTY, AND TO REPEAL SECTION 61-9-180 RELATING TO THE TRANSFER OF BEER AND WINE.
(R476) S. 1527 -- Senator Matthews: AN ACT TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-38-733 WITHIN THE CAMPUS OF DANTZLER MIDDLE SCHOOL IN ORANGEBURG COUNTY.
(R477) S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: AN ACT TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; AND TO REDESIGNATE SECTION 31-13-160 AS 31-13-10.
(R478) H. 4604 -- Rep. Wilkins: AN ACT TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO SPECIFY THAT THESE OFFICERS SHALL BE CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES EXCEPT THAT THEY MAY NOT PERFORM CUSTODIAL ARRESTS, AND TO DELETE CERTAIN REFERENCES TO CONFLICTS WITH THE FUNCTIONS AND DUTIES OF THE SHERIFF'S DEPARTMENT IN REGARD TO THE DUTIES OF THESE CODE ENFORCEMENT OFFICERS.
(R479) H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 19-11-30, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE TO TESTIFY TO COMMUNICATIONS BETWEEN THEM, SO AS TO INCLUDE IN THE EXCEPTIONS COMPELLING TESTIMONY THOSE PROCEEDINGS INVOLVING CHILD ABUSE OR NEGLECT OR THE DEATH OF A CHILD.
(R480) H. 4649 -- Reps. G. Bailey, A. Young and Wofford: AN ACT TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; PROVIDE FOR THE TIME FOR CONDUCTING THE ELECTION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.
(R481) H. 4754 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R482) H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R483) H. 3425 -- Rep. Baxley: AN ACT TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT, WHICH DOES NOT EXCEED NINETY DAYS, AND WHO IS INCARCERATED IN A COUNTY PRISON OR JAIL MAY BE RELEASED TO THE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM, TO PROHIBIT SUCH RELEASE FOR A PERSON WHO HAS COMMITTED A VIOLENT CRIME OR IS DETERMINED TO BE A VIOLENT OFFENDER UNDER GUIDELINES ESTABLISHED BY THE STATE BOARD OF CORRECTIONS, PROVIDE THAT A PRISONER MAY BE ORDERED RELEASED FROM A COUNTY PRISON OR JAIL TO THE SOLE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM UNDER CERTAIN SPECIFIED CONDITIONS, AUTHORIZE A PRISONER REHABILITATION PROGRAM TO RETURN A PRISONER RELEASED TO IT UNDER THIS ACT TO THE CUSTODY OF THE COUNTY PRISON OR JAIL UNDER CERTAIN CONDITIONS, PROVIDE THAT IF A PRISONER IS RETURNED BY THE PROGRAM TO THE CUSTODY OF THE COUNTY PRISON OR JAIL, THE PRISONER MAY NOT BE RELEASED TO THE PROGRAM AGAIN WITHOUT A COURT ORDER PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT WHEN A PRISONER SUCCESSFULLY COMPLETES THE REHABILITATION PROGRAM IN THE OPINION OF THE DIRECTOR OF THE PROGRAM, THE PRISONER MAY APPLY TO THE COURT IN THE COUNTY IN WHICH HE WAS SENTENCED FOR A REDUCTION OF HIS SENTENCE OR FOR RELEASE FROM THE COUNTY PRISON OR JAIL INTO SOCIETY AT LARGE, SUBJECT TO ANY TERMS OR CONDITIONS THE COURT, IN ITS DISCRETION, MAY IMPOSE UPON THE PRISONER.
(R484) H. 4422 -- Rep. Farr: AN ACT TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET, AND TO PROVIDE THAT MOTOR VEHICLES OTHER THAN A MOTOR HOME IN EXCESS OF THIRTY-FIVE FEET MAY NOT HAVE LESS THAN THREE AXLES.
(R485) H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: AN ACT TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.
(R486) H. 3869 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 17, TITLE 50 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS AND PROVIDE PENALTIES.
(R487) H. 4393 -- Rep. McLeod: AN ACT TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.
(R488) H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE AN EXEMPTION AND A PENALTY FOR VIOLATION.
(R489) H. 4549 -- Rep. Farr: AN ACT TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.
(R490) H. 4489 -- Rep. Harvin: AN ACT 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 AND HARMONY PRECINCTS.
(R491) H. 4782 -- Rep. Gentry: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
(R492) H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R493) H. 3630 -- Rep. Hodges: AN ACT TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REGISTRATION REQUIREMENTS OF SECTION 12 OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED OR AUTHORIZED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
(R494) H. 3550 -- Reps. Cromer and Manly: AN ACT TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVICTION OF CONTROLLED SUBSTANCE VIOLATIONS, SUSPENSION OF DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE AND FEES, AND INSURANCE PENALTY UNDER THE MERIT RATING PLAN, AND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR OFFENSES RELATING TO POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUORS OR FOR UNLAWFUL USE OR ALTERATION OF A DRIVER'S LICENSE, SO AS TO, AMONG OTHER THINGS, ADD ENROLLMENT IN A COLLEGE OR UNIVERSITY AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, PROVIDE THAT SUCH LICENSE ALLOWS THE PERSON TO DRIVE TO AND FROM HIS PLACE OF EDUCATION AND IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, DELETE CERTAIN LANGUAGE, AND INCREASE THE FEE FOR EACH SPECIAL RESTRICTED DRIVER'S LICENSE, INCLUDING A REISSUE CAUSED BY CHANGES IN THE PLACE AND HOURS OF EMPLOYMENT, EDUCATION, OR RESIDENCE, FROM TEN TO TWENTY DOLLARS; TO AMEND SECTION 56-3-1970, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, UNLAWFUL ACTS, AND PENALTIES, SO AS TO CHANGE THE APPLICABLE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ALL LAW ENFORCEMENT OFFICERS ISSUING TICKETS ON PUBLIC AND PRIVATE PROPERTY AND STATE LAW ENFORCEMENT DIVISION LICENSED SECURITY OFFICERS OF SHOPPING CENTERS AND BUSINESS AND COMMERCIAL ESTABLISHMENTS, WHICH PROVIDE PARKING SPACES DESIGNATED FOR HANDICAPPED PERSONS, ARE AUTHORIZED TO ISSUE A UNIFORM PARKING VIOLATIONS TICKET TO A VEHICLE FOR VIOLATIONS OF THE PRESCRIBED USE OF THE PARKING SPACES, PROVIDE THAT UPON CONVICTION FOR A VIOLATION OF SECTION 56-3-1970, FIVE DOLLARS OF THE FINE ASSESSED MUST BE REMITTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ADMINISTRATION AND IMPLEMENTATION COSTS, PROVIDE THAT FOR PURPOSES OF ARTICLE 18, CHAPTER 3, TITLE 56 "FREE PARKING FOR HANDICAPPED PERSONS", A UNIFORM PARKING VIOLATIONS TICKET SHALL CONSIST OF FIVE COPIES AND EACH TICKET SHALL HAVE A UNIQUE IDENTIFYING NUMBER, REQUIRE THE DEPARTMENT TO HAVE THE UNIFORM PARKING VIOLATIONS TICKET PRINTED, REQUIRE LAW ENFORCEMENT AND SECURITY AGENCIES TO ORDER TICKETS FROM THE DEPARTMENT AND TO RECORD THE IDENTIFYING NUMBERS OF THE TICKETS RECEIVED BY THEM, PROVIDE THAT THE COST OF THE TICKETS MUST BE PAID BY THE LAW ENFORCEMENT OR SECURITY AGENCY, PROVIDE THAT A PERSON WHO WILFULLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF SECTION 56-3-1973 IS GUILTY OF A MISDEMEANOR, PROVIDE PENALTIES, AND PROVIDE THAT IF THE FAILURE TO ACCOUNT FOR A TICKET OR THE FAILURE TO TIMELY FORWARD THE ISSUING AGENCY'S COPY OR DEPARTMENT RECORD'S OR AUDIT COPY OF THE TICKET IS INADVERTENT OR UNINTENTIONAL, THE MISUSE IS TRIABLE IN MAGISTRATE'S COURT AND, UPON CONVICTION, THE PERSON MUST BE FINED NOT MORE THAN ONE HUNDRED DOLLARS; AND TO PROVIDE THAT NO PERSON ISSUED A RESTRICTED DRIVER'S LICENSE UNDER THE PROVISIONS OF SECTION 56-1-745(C) OR SECTION 56-1-746(D) SHALL SUBSEQUENTLY BE ELIGIBLE FOR ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS.
(R495) H. 4790 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
(R496) H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.
(R497) H. 4256 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.
(R498) H. 4618 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R499) H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: AN ACT TO PROVIDE THAT A POLITICAL SUBDIVISION MAY PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS, FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT; TO PROVIDE THAT, IN THE EVENT THAT A POLITICAL SUBDIVISION, PURSUANT TO SPECIAL OR GENERAL ACT, HAS COLLECTED FUNDS BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS TO DEFRAY THE COST OF CONSTRUCTION OF SEWER COLLECTION LINES, THESE FUNDS MAY BE APPLIED BY THE POLITICAL SUBDIVISION TO THE MAINTENANCE, REPAIR, AND REPLACEMENT OF THE LINES AS LONG AS CERTAIN CONDITIONS ARE SATISFIED; TO PROVIDE THAT BEFORE THE EXPENDITURE OF FUNDS IN ACCORDANCE WITH THIS ACT, THE POLITICAL SUBDIVISION FIRST SHALL FIND THAT THE ABOVE-REFERENCED CONDITIONS ARE SATISFIED; AND TO PROVIDE THAT THE POLITICAL SUBDIVISION MUST SET FORTH A GENERAL DESCRIPTION OF THE PROPERTIES UPON WHICH THE ASSESSMENTS WERE IMPOSED AND A GENERAL DESCRIPTION OF THE USE TO WHICH THE FUNDS SHALL BE APPLIED, EXCEPT THAT THE FUNDS SHALL BE APPLIED ONLY TO MAINTENANCE, REPAIR, OR REPLACEMENT OF THOSE SEWER COLLECTION LINES IN CONNECTION WITH WHICH THE ASSESSMENTS WERE IMPOSED.
(R500) H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.
(R501) H. 4358 -- Rep. Phillips: AN ACT TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
(R502) H. 4781 -- Reps. Keyserling and White: AN ACT TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO REVISE THE MANNER IN WHICH AND DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD ARE ELECTED BEGINNING WITH THE 1992 ELECTION.
(R503) H. 4158 -- Rep. Manly: AN ACT TO PROVIDE FOR THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, TO PROVIDE THAT GREENVILLE COUNTY TAX NOTICES MAY CONTAIN CERTAIN CHECK-OFF OPTIONS, AND TO REPEAL ACT 284 OF 1989 AND ACT 251 OF 1991 RELATING TO THE AUTHORIZED TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT.
(R504) H. 4804 -- Rep. Clyborne: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON NOVEMBER 25, 26, AND 27, 1991, BY THE STUDENTS OF THE SEVIER MIDDLE SCHOOL IN GREENVILLE COUNTY BECAUSE OF A FIRE ON SCHOOL PROPERTY ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R505) H. 4204 -- Rep. Altman: AN ACT TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.
(R506) H. 4203 -- Rep. Altman: AN ACT TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND BY ADDING SECTIONS 56-1-245 AND 38-77-113 SO AS TO PROVIDE FOR WAIVER OF REINSTATEMENT FEE IF THE LICENSEE HAD MOTOR VEHICLE LIABILITY INSURANCE COVERAGE AT THE TIME HIS LICENSE WAS SUSPENDED OR REVOKED.
(R507) H. 3868 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.
(R508) H. 4737 -- Rep. Keyserling: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.
(R509) H. 4257 -- Rep. Cromer: AN ACT TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO PROVIDE THAT THIS CODE SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).
(R510) H. 3027 -- Rep. Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-105 SO AS TO PROHIBIT THE DISPLAY OF A WILD CAUGHT OR CAPTIVE BRED DOLPHIN OR WHALE AND TO REQUIRE THE MARINE MAMMAL STRANDING NETWORK TO ATTEMPT TO REHABILITATE AND TO RELEASE ANY BEACH STRANDED WHALE OR DOLPHIN AND PROVIDE PENALTIES.
(R511) H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.
(R512) H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R513) H. 3850 -- Rep. Smith: AN ACT TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.
(R514) H. 4277 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.
(R515) H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT FROM THE DEFENDANT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.
(R516) H. 4085 -- Rep. Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992.
At 12:10 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The House stood at ease subject to the call of Chair.
At 12:12 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. BENNETT a leave of absence.
At 12:15 P.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolutions:
H. 4757 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
S. 1547 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
The President recognized Senator Pope, Chairman of the Judicial Screening Committee.
The President announced that nominations were in order for a Circuit Court Judge, Third Judicial Circuit.
Senator Pope, on behalf of the Judicial Screening Committee, nominated the Honorable Thomas W. Cooper, Jr.
Rep. GENTRY moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Thomas W. Cooper, Jr. was elected Circuit Court Judge, Third Judicial Circuit, for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.
Senator Pope, on behalf of the Judicial Screening Committee, stated that Steve C. Davis and Daniel E. Martin, Sr. had been screened and qualified to serve.
Senator Pope withdrew Mr. Davis as a candidate.
Rep. WHIPPER nominated Mr. Martin as follows:
"A just man does justice to every man and to everything; and then if he is also wise, he knows there is a debt of mercy and compassion due to the infirmities of man's nature, by Jeremy Taylor. Daniel E. Martin, Sr. by birth, training and experience is such a man. Danny Martin was born in the small town of Bluffton, one of 11 children to John and Reva Martin. He grew up in a rural environment attending Penn High School and then entering Allen University to earn a B. S. Degree in Health and Physical Education. Even after serving in the Armed Forces for two years, Dan never lost the solid, sturdy, dogged determination of character that was molded by his strong and humble family, neighbors and friends of the communities of Bluffton and Beaufort. This same family strength is exemplified in his family by a lovely wife Ruby, and two fine sons, Danny, Jr. and Maxie. His early days as a teacher of physical education, math and sciences developed in his character a love for and understanding of young people. These years also contributed to his skill as a listener and his ability to be tolerant of the weaknesses of those with whom he worked or with whom he was associated. He sincerely believed that with encouragement and support and guidance, man's best nature would be revealed. Because of this aspect of Danny's character, he has made valuable contributions to the various community organizations with which he served, as varied as the Board of Directors, Y. M. C. A., Trident Community Way, the Red Cross and many more. His awards and recognitions are too numerous to recite at this time. Daniel Martin, Sr. is prepared for this judgeship not only by his character, but by his education, training and experience. After receiving a Juris Doctorate from S. C. State College, the Honorable Richard Fields became a mentor in his early years of private practice. He was a founding member and director of the Neighborhood Legal Assistance for four years. He became Assistant Solicitor of the 9th Judicial Circuit and special homicide prosecutor. His court membership includes the American Bar Association, State and Local Bar Associations, U. S. Tax Court, Court of Claims, Customs and Patent Appeals, Federal District, Circuit and U. S. Supreme Court. Yes, Daniel E. Martin is prepared by education and experience for the responsibility of being Judge in the Ninth Judicial Circuit. Representative Martin has served in the House since 1984. We are well aware of the low profile that Danny has kept in this House. But this posture can be deceptive to those who are unaware of the subtle activities of its members. His observant nature is an advantage as he analyzes the actions and identifies key players and their motives. Thus, when he speaks, others listen. If he had charged a fee at the going rate for all who have sought his counsel in matters of state as well as personal situations, he would have made a fortune. Danny is comfortable in this posture because his ego does not have to be fed by the continuous attention and by the stroking of others. His keen insight and intelligence enables him to act approximately at the right time and in a manner that has the greatest impact. I make no wild claims as a prognosticator, but given the facts before me I believe a gentlemen with all the attributes of a fine judge. If I were a gambler and a player in horse races, I'd say we have a 'sure shot' and if I played poker, I'd say we have a straight flush. But realizing that there will be at times rocky roads to travel, hard bones to chew, and bitter meat to swallow. Therefore, in the presence of God and this Assembly, I pray that the peace of God which passeth all understanding be with Danny E. Martin and guide him along his journey. Mr. President, members of the General Assembly, I wish to place in nomination the name of Daniel E. Martin, Sr. as Judge of the Ninth Judicial Circuit."
Rep. GENTRY seconded the nomination.
Rep. GENTRY moved that the nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Daniel E. Martin, Sr. was elected Circuit Court Judge, Ninth Judicial Circuit, for the term prescribed by law.
I abstained from voting for Daniel E. Martin, Sr. for Circuit Judge of the 9th Judicial Circuit.
Rep. J.L. MANN CROMER, JR.
I was out of the Chamber and did not participate in the election of Daniel E. Martin for Circuit Court Judge of the 9th Judicial Circuit.
Rep. CANDY Y. WAITES
The President announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit.
Senator Pope nominated Mr. Henry F. Floyd.
Reps. GENTRY, L. MARTIN and the Pickens Delegation seconded the nomination.
Rep. GENTRY moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Henry F. Floyd was elected Circuit Court Judge, Thirteenth Judicial Circuit, for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat #5.
Rep. GENTRY, on behalf of the Judicial Screening Committee, stated that Gary E. Clary, T. Louis Cox, Thomas C. Dillard, Martha McElveen Horne, and Walton J. McLeod had been screened and found qualified to serve.
Rep. GENTRY withdrew Thomas C. Dillard and T. Louis Cox as candidates.
Senator Leventis withdrew Ms. Martha McElveen Horne as a candidate as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly...I stand before you today to tell you about my friend and constituent, Martha McElveen Horne. She is a skilled lawyer and committed public servant, a devoted Bar and community activist and loving wife and mother. I believe that Martha Horne is most qualified for the position that she seeks. She is an excellent lawyer and that has been recognized both by the State Bar Association and the University of South Carolina Law School when she was awarded the Complete Lawyer Award from the Law School Association. Martha is a native of Sumter and she comes from a family that has a reputation for hard work, honesty and fairness. Martha's brother, Joe McElveen, is your colleague here in the House of Representatives. Martha is married to Terry Horne. Terry is a business attorney and a partner in a prominent Sumter law firm. Martha's first job after having been admitted to the Bar in November of 1968, was as a clerk for the Honorable Ernest Finney when he was a Circuit judge. She has worked in the Attorney General's office. She has worked as the first woman to serve as the Deputy Solicitor for our circuit and she has also maintained a solo practice. Mrs. Horne has prepared herself well and her goal is to be a judge in the Circuit Courts of South Carolina. She recognizes and you and I should recognize as well that half of our constituents are women and that the court services many women each and every day and unfortunately at the present time there is only one woman who holds a position as a judge on our Circuit Court benches. I am here today to speak on behalf of Mrs. Horne. Mrs. Horne also recognizes that the responsibility of this legislature sometimes take it in directions that each of us individually might not like and she realizes that her goal may not be achieved today. On behalf of Mrs. Horne, I am withdrawing her name from nomination, but I want to tell you that she deeply appreciates the consideration that each of you has given and the commitments that she has received and at the appropriate time, she hopes to come back and seek this position again. Thank you very much for your consideration of Mrs. Horne."
Senator Peeler nominated Mr. Gary E. Clary as follows:
"Mr. Speaker, members of the Joint Assembly, ladies and gentlemen...I rise to nominate Gary Clary for the At-Large Circuit Court Seat No. 5. This seat is now held by the Honorable Judge James Stephens of Spartanburg who is retiring. Although this is an at-large seat, it has been in the seventh circuit since its creation and we desperately need to keep this judgeship in the seventh circuit in general and in Cherokee county in particular. To say that I know Gary Clary would be an understatement. In 1948, we were born in a little mill town in South Carolina called Gaffney. We went to elementary school together, we graduated from Gaffney Senior High School in 1966 together and we ventured over to Clemson and we both graduated from Clemson in 1970. He decided after that to pursue a law degree at the University of South Carolina and in 1974, he received that degree. In 1976, he decided to come back to our hometown of Gaffney to practice law and was a partner in one of Gaffney's most prestigious law firms, the firm of Hall, Daniel, Winter and Clary and was a partner there from 1980 until 1991. Currently, he is a sole practioner, experienced in a wide area of law. Along the way, Gary married another friend and classmate, the former Patricia Brumbock. Gary and Patricia and their children are members with my family of the Gaffney First Baptist Church where Gary is a deacon. Gary is educated, experienced, capable and is not afraid of hard work. You found that out over the past few months here meeting Gary Clary. I suppose one of our local papers summed it up best, The Cherokee Chronicle, Clary is the right choice and if you would allow me to read a portion of it. 'In addition to he legal qualifications, Gary Clary has also developed a unique balance of high ideals, temperance and common sense. Through his work in numerous community organizations and projects, he has helped build and sustain the traditional Christian family values that are the historical heritage of this great State. In times such as these, when descent, honest people must step forward and be counted, a descent, honest person has.' I, along with the unanimous support of the Spartanburg Delegation and Cherokee County Delegation, ask you to support and vote for Gary Clary. Thank you."
Reps. FARR, McGINNIS, BEATTY, LANFORD, RAMA, McCRAW, Senator Courtney, Rep. MATTOS, Senator Russell, Reps. CATO, WELLS, KENNEDY, BAKER, SNOW, SMITH, CARNELL, ROGERS, K. BURCH, Senator O'Dell, Rep. SHIRLEY, Senator Reese, Reps. JENNINGS, MARCHBANKS, LITTLEJOHN, BRUCE and MEACHAM seconded the nomination of Gary E. Clary.
Senator Pope nominated Mr. Walton J. McLeod, III as follows:
"It is a pleasure today that I rise to make the nomination of Walton McLeod, an outstanding South Carolinian. They say that among others there are four qualities that a good judge should have, scholarship, experience, temperament and integrity. Walton McLeod has these qualities. He was born in Walterboro and raised there. He was educated at Yale University in Connecticut. He got a B. A. degree there in 1959. He graduated from our Law School in 1964. He wrote the Law School Law Review there. When he finished Law School, he clerked for one of the premier judges that this state has ever produced, that is Chief Judge Clemont Haynsworth on the U. S. Circuit Court of Appeals for the Fourth Circuit. He was in private practice in Newberry for two years with my father. He was Assistant United States Attorney in the Federal Courts for two years. And for the last 23 years, he has been General Counsel for one of our larger state agencies, D.H.E.C. He has judicial experience. He served as a magistrate for eight years in Newberry County and in fact, he was president of the S. C. Magistrates Association. He has been active in the military. In addition to active duty in the U. S. Navy, he is presently a captain in the U. S. Navy Reserves in the legal unit. He is in charge of monitoring the work of many other lawyers in the Navy. Walton is a family man, his wife, Judy, is a professor of music at Newberry College. He has a son, Tad, who is 13 years old and in school in Little Mountain. Walton is the former mayor of Little Mountain and a former member of the Town Council there, so he has been most active in civic endeavors of every type. He is a person of integrity and temperament. So, what we have here is a person with an Ivy League education and small town roots, a man of humility and yet great intellect, a person who would dispense justice fairly and impartially, a person who would be an outstanding Circuit Judge. This position is an at-large Circuit Judgeship. Walton, I would remind you, lives in Little Mountain, which is almost at the geographic center of our State. He would be available to serve wherever assigned by the Chief Justice. In summary, Walton McLeod has all the qualities that a good judge should have and I am pleased at this time to place in nomination for the at-large seat, Circuit Judge Seat No. 5, Walton J. McLeod of Little Mountain, S. C."
Senator Washington, Reps. INABINETT, HOLT, HALLMAN, Senators Gilbert, Matthews, Giese, Rose, Rep. GONZALES, Senator Fielding, Reps. RHOAD, WALDROP, HARVIN, GENTRY, HARRELSON, McTEER, COBB-HUNTER, WILDER, HUFF, TUCKER, BYRD, KLAPMAN, CORNING, Senator Martschink, Reps. WOFFORD and McLEOD seconded the nomination of Walton J. McLeod, III.
On motion of Rep. GENTRY, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Clary:
Bryan Carmichael Cork Courson Courtney Hayes, R.W. Hinds Hinson Holland Land Leatherman Leventis Martin McConnell McGill Mitchell Mullinax O'Dell Patterson Peeler Reese Russell Saleeby Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
The following named Senators voted for Mr. McLeod:
Fielding Giese Gilbert Helmly Lourie Macaulay Martschink Matthews Moore Passailaigue Pope Rose Setzler Shealy Washington Williams
On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Clary:
Alexander, M.O. Alexander, T.C. Altman Anderson Baker Baxley Beasley Beatty Boan Brown, G. Brown, H. Bruce Burch, K. Canty Carnell Cato Clyborne Cooper Corbett Cromer Delleney Elliott, L. Fair Farr Foster Fulmer Harwell Haskins Hodges Jennings Johnson, J.C. Keegan Kempe Kennedy Kinon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis Meacham Neilson Phillips Rama Riser Rogers Ross Scott Shirley Smith Snow Stoddard Taylor Wells Whipper White Wilkins Wright Young, A. Young, R.
The following named Representatives voted for Mr. McLeod:
Bailey, J. Barber Byrd Chamblee Cobb-Hunter Corning Council Elliott, D. Felder Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Hendricks Holt Houck Huff Hyatt Inabinett Jaskwhich Keyserling Kirsh Klapman Koon McKay McLeod McTeer Nettles Quinn Rhoad Rudnick Sheheen Shissias Stone Sturkie Tucker Vaughn Waites Waldrop Wilder Wilkes Williams, D. Williams, J. Wofford
Total Number of Senators voting 44
Total Number of Representatives voting 112
Grand Total 156
Necessary to a choice 79
Of which Mr. Clary received 93
Of which Mr. McLeod received 63
Whereupon, the President announced that Mr. Gary E. Clary having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for Judges of the following:
Judge, Family Court, First Judicial Circuit, Seat #2
Judge, Family Court, Second Judicial Circuit, Seat #1
Judge, Family Court, Third Judicial Circuit, Seat #1
Judge, Family Court, Fourth Judicial Circuit, Seat #1
Judge, Family Court, Fifth Judicial Circuit, Seat #1
Judge, Family Court, Fifth Judicial Circuit, Seat #4
Judge, Family Court, Seventh Judicial Circuit, Seat #3
Judge, Family Court, Eighth Judicial Circuit, Seat #2
Judge, Family Court, Ninth Judicial Circuit, Seat #1
Judge, Family Court, Ninth Judicial Circuit, Seat #3,
Judge, Family Court, Eleventh Judicial Circuit, Seat #1.
Judge, Family Court, Eleventh Judicial Circuit, Seat #2.
Judge, Family Court, Twelfth Judicial Circuit, Seat #1
Judge, Family Court, Twelfth Judicial Circuit, Seat #3
Judge, Family Court, Thirteenth Judicial Circuit, Seat #3
Judge, Family Court, Thirteenth Judicial Circuit, Seat #4
Judge, Family Court, Fourteenth Judicial Circuit, Seat #2
Judge, Family Court, Fifteenth Judicial Circuit, Seat #2
Judge, Family Court, Sixteenth Judicial Circuit, Seat #1
Judge, Family Court, Sixteenth Judicial Circuit, Seat #2
Senator Pope, on behalf of the Judicial Screening Committee, nominated the Hon. Alvin C. Biggs, the Hon. Peter R. Nuessle, the Hon. Jamie F. Lee, the Hon. Robert H. Burnside, the Hon. William M. Campbell, Jr., the Hon. Stuart H. Hall, the Hon. John M. Rucker, the Hon. L. Mendel Rivers, the Hon. Judy C. Bridges, the Hon. W. Frank Rogers, Jr., the Hon. Wylie H. Caldwell, Jr., the Hon. Amy S. Sutherland, the Hon. Joseph W. Board, the Hon. Albert L. Kleckley, the Hon. Kaye Gorenflo Hearn, and the Hon. David N. Wilburn, Jr.
Senator Setzler, Rep. KLAPMAN, Senator Wilson and the Lexington County Delegation seconded the nomination of W. Frank Rogers, Jr.
Rep. McKAY, Senator Gilbert, Reps. GLOVER, L. ELLIOTT, HOUCK, BAXLEY and Senator McGill seconded the nomination of Wylie H. Caldwell, Jr.
Rep. MATTOS, Senator Nell W. Smith, Rep. BEATTY, Senator O'Dell, Reps. M.O. ALEXANDER, HASKINS, MARCHBANKS, ANDERSON, FARR, CLYBORNE, WALDROP, BAKER, VAUGHN, Senator Mullinax, Reps. CATO, L. ELLIOTT, TUCKER, Senator Macaulay, Reps. WILDER and HUFF seconded the nomination of Amy Sutherland.
Reps. L. MARTIN, MATTOS and Senator Smith seconded the nomination of Joseph W. Board.
Rep. WHITE seconded the nomination of Albert L. Kleckley.
Rep. KEEGAN and Senator Hinds seconded the nomination of Kaye G. Hearn.
Reps. PHILLIPS, FARR, Senator Robert W. Hayes, Jr., Reps. BEATTY and HYATT seconded the nomination of David N. Wilburn, Jr.
Rep. GENTRY moved that the nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Hon. Alvin C. Biggs was elected Family Court Judge, First Judicial Circuit, Seat #2;
the Hon. Peter R. Nuessle was elected Family Court Judge, Second Judicial Circuit, Seat #1;
the Hon. Jamie F. Lee was elected Family Court Judge, Fourth Judicial Circuit, Seat #1;
the Hon. Robert H. Burnside was elected Family Court Judge, Fifth Judicial Circuit, Seat #1;
the Hon. William M. Campbell, Jr. was elected Family Court Judge, Fifth Judicial Circuit, Seat #4,
the Hon. Stuart H. Hall was elected Family Court Judge, Seventh Judicial Circuit, Seat #3;
the Hon. John M. Rucker was elected Family Court Judge, Eighth Judicial Circuit, Seat #2;
the Hon. L. Mendel Rivers was elected Family Court Judge, Ninth Judicial Circuit, Seat #1;
the Hon. Judy C. Bridges was elected Family Court Judge, Ninth Judicial Circuit, Seat #3;
the Hon. W. Frank Rogers, Jr. was elected Family Court Judge, Eleventh Judicial Circuit, Seat #1;
the Hon. Wylie H. Caldwell, Jr. was elected Family Court Judge, Twelfth Judicial Circuit, Seat #3;
the Hon. Amy S. Sutherland was elected Family Court Judge, Thirteenth Judicial Circuit, Seat #3;
the Hon. Joseph W. Board was elected Family Court Judge, Thirteenth Judicial Circuit, Seat #4;
the Hon. Albert L. Kleckley was elected Family Court Judge, Fourteenth Judicial Circuit, Seat #2;
the Hon. Kaye Gorenflo Hearn was elected Family Court Judge, Fifteenth Judicial Circuit, Seat #2;
the Hon. David N. Wilburn, Jr. was elected Family Court Judge, Sixteenth Judicial Circuit, Seat #1, for the terms prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 1.
Senator Pope, on behalf of the Judicial Screening Committee, stated that Wendell O. Brown and Ruben L. Gray had been screened and found qualified to serve.
Senator Pope withdrew the name of Wendell O. Brown as a candidate.
Senator Pope nominated Ruben L. Gray.
Senator Pope moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Ruben L. Gray was elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #1, for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Fourth Judicial Circuit, Seat 2.
Senator Pope, on behalf of the Judicial Screening Committee, stated that Robert L. Kilgo, Jr. and J. L. Murdock, Jr. had been screened and found qualified to serve.
Senator Pope withdrew Robert L. Kilgo, Jr. as a candidate.
Senator Pope nominated J.L. Murdock, Jr.
Rep. GENTRY seconded the nomination.
On motion of Senator Pope, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. J.L. Murdock, Jr. was elected Family Court Judge, Fourth Judicial Circuit, Seat 2 for the term prescribed by law.
The President announced that nominations were in order to elect Family Court Judge, Tenth Judicial Circuit, Seat #2.
Senator Pope, on behalf of the Judicial Screening Committee, stated that the Hon. Robert H. Cureton, Mr. Leslie Jay Shayne, and Mr. Robert K. Whitney had been screened and found qualified to serve.
Senator Pope withdrew Leslie Jay Shayne as a candidate.
Senator Pope nominated Mr. Robert K. Whitney.
Rep. ROSS nominated the Honorable Robert H. Cureton as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly...It gives me great pleasure to place in nomination the name of Robert H. Cureton, who is the incumbent Family Court Judge in the Tenth Judicial Circuit. Judge Cureton has been a judge since 1975. He was first a Civil, Criminal and Family Court Judge. This was before judicial reform. He was practicing law incidentally in Spartanburg at that time and Oconee County recruited him from Spartanburg. It was not very difficult to get him out of Spartanburg over to Oconee. However, he has been there ever since. He has the overwhelming support of the Oconee County and Anderson County Bar and he is here with us with his daughter, Denise. His only real mark that I have against him is he unfortunately attended Clemson. Other than that, he has a sterling record as a Family Court Judge and has done a good job in a very difficult job as a Family Court Judge and we all can appreciate that and I place in nomination Judge Cureton, Thank you."
Reps. CHAMBLEE, T.C. ALEXANDER, HENDRICKS, L. MARTIN, MEACHAM, MATTOS, Senators Courtney, Mullinax, Rep. TUCKER and Senator Macaulay seconded the nomination of Robert H. Cureton.
On motion of Rep. GENTRY, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Cureton:
Bryan Carmichael Cork Courtney Fielding Giese Hayes, R.W. Helmly Hinds Hinson Holland Land Leatherman Leventis Lourie Macaulay Martin Martschink Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Washington Williams Wilson
The following named Senators voted for Mr. Whitney:
Courson Gilbert
On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Cureton:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Harrelson Harris, J. Harvin Harwell Haskins Hendricks Holt Houck Huff Hyatt Inabinett Jennings Johnson, J.C. Keegan Keyserling Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Whitney:
Bailey, G.
Total Number of Senators voting 43
Total Number of Representatives voting 103
Grand Total 146
Necessary to a choice 74
Of which Mr. Cureton received 143
Of which Mr. Whitney received 3
Whereupon, the President announced that the Honorable Robert H. Cureton having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit Seat 2.
Rep. GENTRY nominated Mr. C. David Sawyer as follows:
"Mr. Sawyer has no opposition, but I do want to make a few remarks if that is appropriate...It is indeed an honor and privilege to nominate C. David Sawyer, Jr. of Saluda County for election of Family Court Judge from the Eleventh Circuit, Seat No. 2. David, of course, is a native of Saluda County and he is a devoted family man. His wife, Sandra Cato Sawyer, is with him today, along with their three lovely daughters, Rebecca Cato Sawyer, Bonnie Claire Sawyer and Beth Ann Sawyer. Of course, they are with him today as well as his mother, Mrs. Edna Brantley Sawyer, his aunt, Mrs. Mary Sawyer Dunner and his mother-in-law, Mrs. Faye Taylor Cato and Mrs. Truluck is also with him. Please stand. It is a fact that they are very proud of David as well as myself. David is a 1971 graduate of U. S. C. and a 1974 graduate of U. S. C. Law School. He is very active in his church. He is involved in many civic activities too numerous to mention today. David is presently the mayor of the town of Ridge Springs. David has been a practioner in the Saluda County area for over 18 years and I have been a practioner in Saluda County for about 14 years. I have been in court with David and against him. I assure you that I would rather be with David than against him. Therefore, because of that I know personally of David's character, integrity, his patience, his compassion, his temperament and personality. I know personally of his hard work. I know personally of his knowledge of the law and his ability to apply the law. That is why I am proud to nominate David because I see David Sawyer, Jr. will carry those admirable traits to the Family Court Bench. Let me close by saying that C. David Sawyer will be an asset to our state as Family Court Judge. I wish he and his family the very best. Thank you."
Rep. McABEE, Rep. KLAPMAN on behalf of the Lexington Delegation and Senator Setzler seconded the nomination of C. David Sawyer, Jr.
Rep. McABEE moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. C. David Sawyer was elected Family Court Judge, Eleventh Judicial Circuit, Seat 2, for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 1.
Senator Pope, on behalf of the Joint Screening Committee, nominated Ms. Mary E. Buchan.
Senators McGill, Leatherman, Rep. L. ELLIOTT, Senator Gilbert and Rep. McKAY seconded the nomination of Mary E. Buchan.
Rep. GENTRY moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Mary E. Buchan was elected Family Court Judge, Twelfth Judicial Circuit, Seat 1, for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Sixteenth Judicial circuit, Seat 2.
Senator Pope, on behalf of the Joint Screening Committee, nominated Lee S. Alford.
Senator Robert W. Hayes, Jr., Reps. FARR, HYATT, MEACHAM, KIRSH, FOSTER, McCRAW, McGINNIS, Senator Peeler, Rep. PHILLIPS, Senator Hinson, Reps. MATTOS, WOFFORD, Senator McGill and Rep. DELLENEY seconded the nomination of Lee S. Alford.
Rep. GENTRY moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Lee S. Alford was elected Family Court Judge, Sixteenth Judicial Circuit, Seat 2, for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4830 -- Rep. Hallman: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL TO FILL THE UNEXPIRED TERM OF THE LATE WILLIAM R. RISHER.
The President announced that nominations were in order for a member of the Citadel Board of Visitors.
Rep. STODDARD, on behalf of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that James C. Blakely, Jr., David S. Boyd, Charles E. Millwood, Jr., and Stephen D. Peper had been screened and found qualified to serve.
Rep. STODDARD withdrew James C. Blakely, Jr. and Charles E. Millwood, Jr. as candidates.
Rep. HALLMAN nominated Stephen D. Peper as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly...On behalf of the entire Charleston, Berkeley, and Dorchester Delegations, it gives me great pleasure to place in nomination the name of Stephen D. Peper. I think it is important if you want to see where a person is going to look and see where they have been. Steve Peper loves the Citadel. He finished there in 1978. He joined the U. S. Marines and became a decorated pilot, serving five years, two of those years in Beirut, Lebanon. He is a successful business man, operates three of his own businesses. He is a deacon in the Mount Pleasant Presbyterian Church, sings in the choir. He has served as president or on most every civic organization in our community and I know that in the tradition of the Citadel that he will do an outstanding job in representing that institution. We are very fortunate in this State to have many good people come forward and offer for the Board of Visitors or Trustees of these institutions and they do an outstanding job and we are all grateful for that. It gives me great pleasure to place in nomination the name of Steve D. Peper."
Reps. G. BAILEY, A. YOUNG, GONZALES, McCRAW, RAMA, HOLT, FULMER, J. BAILEY, INABINETT, Senators Washington, Rose, Passailaigue, McConnell, Martschink, Reps. PHILLIPS, FARR, BARBER, WHIPPER, D. MARTIN, Senators Hinson, Helmly, Rep. RHOAD, Senator Fielding, Reps. DELLENEY, HARRELSON, KEEGAN, McLEOD, WHITE, D. WILLIAMS, WOFFORD, H. BROWN, K. BURCH, WILKES, J. WILLIAMS and BEATTY seconded the nomination of Stephen D. Peper.
Rep. CLYBORNE nominated David S. Boyd as follows:
"Mr. President, members of the Joint Assembly...It is my privilege today to place in nomination the name of David Boyd. He is a graduate of the Citadel in 1962. He is President and C. E. O. of Poinsett Construction Company. Just to give you a little bit of background about David, he presently holds the Alumni seat on the Citadel Board of Visitors. He is the Chairman of the Buildings and Grounds Long Range Planning Committee, Chairman of Architecture and Engineering Selection, member of the Athletic Committee, member of the Executive Committee and member of the Board of Trustees. He is the past president of both the Association of Citadel Men and the Brigadier Club and past president of the Greenville Citadel Club. In addition to the Citadel credentials, he is also very active in many civic organizations in Greenville. He is on the St. Francis Hospital Development Council and he is on the Board of Directors of the Carolina Motor Club. It is with great privilege that I place in nomination the name of David S. Boyd."
Rep. MATTOS, Senator Mitchell, Reps. M.O. ALEXANDER, VAUGHN, CATO, JASKWHICH, Senators J. Verne Smith, O'Dell, Rep. HASKINS, Senator Stilwell, Reps. McGINNIS, WELLS, KLAPMAN, ANDERSON, Senator Williams, Reps. HENDRICKS, MARCHBANKS, BAKER, CANTY, CROMER and Senator Wilson seconded the nomination of David S. Boyd.
On motion of Rep. STODDARD, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Boyd:
Bryan Carmichael Courtney Land Leatherman Macaulay Mitchell Moore O'Dell Pope Setzler Smith, J.V. Stilwell Thomas Williams Wilson
The following named Senators voted for Mr. Peper:
Cork Courson Fielding Giese Gilbert Hayes, R.W. Helmly Hinds Hinson Holland Leventis Lourie Martin Martschink Matthews McConnell McGill Mullinax Passailaigue Patterson Peeler Reese Rose Russell Saleeby Shealy Smith, N.W. Washington
On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Boyd:
Alexander, M.O. Alexander, T.C. Anderson Baker Brown, G. Bruce Canty Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, D. Fair Harvin Harwell Haskins Hendricks Hyatt Jaskwhich Kirsh Klapman Koon Littlejohn Marchbanks Martin, L. Martin, M. Mattos McAbee McGinnis Shirley Shissias Stoddard Tucker Vaughn Wells Wilkins
The following named Representatives voted for Mr. Peper:
Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Boan Brown, H. Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Elliott, L. Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Holt Houck Huff Inabinett Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Lanford Martin, D. McCraw McElveen McKay McLeod McTeer Meacham Neilson Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Smith Snow Stone Sturkie Taylor Waldrop Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford Young, A. Young, R.
Total Number of Senators voting 44
Total Number of Representatives voting 110
Grand Total 154
Necessary to a choice 78
Of which Mr. Boyd received 56
Of which Mr. Peper received 98
Whereupon, the President announced that Mr. Stephen D. Peper having received a majority of the votes cast was duly elected for the term prescribed by law.
I abstained from voting for a member of the Board of Visitors of the Citadel.
Rep. CANDY WAITES
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1562 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE SECOND, FOURTH AND SIXTH CONGRESSIONAL DISTRICTS TO FILL THE CURRENT TERMS WHICH EXPIRE JUNE 30, 1992.
The President announced that nominations were in order for a member for the Second Congressional District.
Senator Macaulay, on behalf of the Joint Screening Committee, stated that Mrs. Nettie Dickerson and Mrs. Sherrill Hampton had been screened and found qualified to serve.
Senator Matthews nominated Sherrill Hampton as follows:
"Mr. President, fellow members of the Senate...It gives me a great deal of pleasure to nominate a young lady from Orangeburg County from the rural town of Bowman, S. C. She is a lifelong resident of that county and this State. She was educated in Orangeburg County. She is an independent consultant and has worked hard. She understands the government system. I would ask you to join me in supporting Sherrill Hampton for this position."
Reps. FELDER, BAILEY, Senator Fielding, Reps. KENNEDY, WHITE, COBB-HUNTER, D. WILLIAMS, SMITH, COUNCIL, SCOTT, CROMER, TAYLOR, BYRD, WILDER, Senator Patterson, Reps. J. BROWN, RHOAD, MARTIN, INABINETT, GLOVER, HOLT, Senator Helmly, Reps. ANDERSON, WHIPPER, Senator Mitchell, Reps. PHILLIPS, HARVIN, Senators Gilbert and Washington seconded the nomination of Sherrill Hampton.
Senator Wilson nominated Nettie Dickerson as follows:
"Ladies and gentlemen, fellow members of the Joint Assembly...It is an honor for me to nominate Nettie Dickerson. Nettie has the unique distinction of having been a nurse for the State Board of Health for 20 years and for the last 15 years, she has been the president of Bank Air, which is one of the largest female managed corporations in the State of South Carolina. With this distinction of knowledge of healthcare and with her distinction of knowing of business, it is a pleasure to nominate Nettie Dickerson of Lexington County."
On motion of Senator Macaulay, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mrs. Dickerson:
Courson Giese Macaulay Martschink Peeler Russell Setzler Shealy Stilwell Thomas Wilson
The following named Senators voted for Mrs. Hampton:
Bryan Carmichael Cork Courtney Fielding Gilbert Helmly Hinson Holland Leatherman Leventis Lourie Martin Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Pope Reese Rose Saleeby Smith, J.V. Smith, N.W. Washington Williams
On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mrs. Dickerson:
Baker Bruce Cato Chamblee Clyborne Cooper Corning Fair Haskins Huff Jaskwhich Keegan Klapman Koon Littlejohn Marchbanks Martin, L. Quinn Rama Riser Shissias Sturkie Vaughn Wells Wilkins Wright Young, A.
The following named Representatives voted for Mrs. Hampton:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Council Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Holt Hyatt Inabinett Jennings Johnson, J.C. Kempe Kennedy Keyserling Kinon Kirsh Lanford Martin, D. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Shirley Smith Snow Stoddard Stone Taylor Tucker Whipper White Wilder Wilkes Williams, D. Williams, J.
Total Number of Senators voting 41
Total Number of Representatives voting 103
Grand Total 144
Necessary to a choice 73
Of which Mrs. Dickerson received 38
Of which Mrs. Hampton received 106
Whereupon, the President announced that Mrs. Sherrill Hampton having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were open for members from the Fourth and Sixth Congressional Districts.
Senator Macaulay, on behalf of the Joint Screening Committee, nominated Mr. Frederick Furman Carpenter for the Fourth Congressional District; and, Mr. Ralph W. Garrison, Sr. for the Sixth Congressional District.
Senators Mitchell, Gilbert, J. Verne Smith, Reps. MATTOS and ANDERSON seconded the nomination of Frederick Furman Carpenter.
Rep. HARWELL seconded the nomination of Ralph W. Garrison.
On motion of Senator Macaulay, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Mr. Frederick Furman Carpenter for the Fourth Congressional District; and, Mr. Ralph W. Garrison, Sr. for the Sixth Congressional District were duly elected for the terms prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
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.
The President recognized Senator Saleeby, Chairman of the Joint Screening Committee.
Senator Saleeby, on behalf of the Joint Screening Committee, nominated Robert J. Leapord.
Senator Saleeby moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Robert J. Leapord was duly elected for the term prescribed by law.
Senator Saleeby, on behalf of the Joint Screening committee, nominated Ms. Edna Page Anderson, Ms. Lillian C. Bloom, and Joseph S. Lyles.
Senators Mitchell, Stilwell, Reps. RAMA, CLYBORNE, HARVIN, HOLT, BAILEY and ANDERSON seconded the nomination of Lillian C. Bloom.
Rep. WILKES seconded the nomination of Joseph S. Lyles.
Rep. CROMER seconded the nomination of Edna Page Anderson.
On motion of Senator Saleeby, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mrs. Anderson:
Carmichael Courson Leventis Patterson
The following named Senators voted for Mrs. Bloom:
Bryan Cork Courtney Fielding Gilbert Helmly Hinson Lourie Macaulay Martschink Matthews McConnell McGill Mitchell Moore Mullinax Passailaigue Peeler Pope Reese Shealy Smith, J.V. Stilwell Washington Wilson
The following named Senators voted for Mr. Lyles:
Hayes, R.W. Martin Russell Saleeby Thomas
On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mrs. Anderson:
Brown, H. Canty Council Cromer Delleney Kinon McGinnis Quinn Shissias Waites Wofford
The following named Representatives voted for Mrs. Bloom:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Elliott, D. Elliott, L. Felder Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Haskins Hendricks Holt Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kirsh Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Rama Rhoad Rogers Rudnick Scott Sharpe Sheheen Shirley Smith Stoddard Stone Tucker Vaughn Wells Whipper Wilder Wilkins Williams, D. Williams, J. Young, A.
The following named Representatives voted for Mr. Lyles:
Beasley Beatty Fair Farr Fulmer Houck Johnson, J.C. Kempe Klapman Phillips Riser Ross Sturkie Wilkes Young, R.
Total Number of Senators voting 34
Total Number of Representatives voting 100
Grand Total 134
Necessary to a choice 68
Of which Mrs. Anderson received 15
Of which Mrs. Bloom received 99
Of which Mr. Lyles received 20
Whereupon, the President announced that Ms. Lillian C. Bloom having received a majority of the votes cast was duly elected for the term prescribed by law.
Senator Saleeby, on behalf of the Joint Screening Committee, nominated Ms. Marilyn Harris and Ms. Barbara B. League.
Senator Saleeby withdrew Mr. Richard C. Moore as a candidate.
On motion of Senator Saleeby, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Ms. Harris:
Carmichael Lourie Saleeby
The following named Senators voted for Ms. League:
Bryan Cork Courson Courtney Fielding Gilbert Hayes, R.W. Macaulay Matthews McConnell McGill Mitchell Moore O'Dell Peeler Pope Reese Russell Smith, J.V. Stilwell Thomas Washington Wilson
On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Ms. Harris:
Alexander, M.O. Bailey, J. Barber Farr Holt Keyserling Mattos
The following named Representatives voted for Ms. League:
Alexander, T.C. Altman Anderson Bailey, G. Baker Baxley Beatty Bruce Burch, K. Byrd Carnell Cato Clyborne Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Felder Gentry Hallman Harrelson Harris, J. Harvin Haskins Hendricks Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Kinon Kirsh Klapman Koon Lanford Littlejohn Martin, L. Martin, M. McAbee McCraw McElveen McGinnis McLeod Neilson Phillips Quinn Riser Ross Rudnick Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Sturkie Tucker Vaughn Wells Whipper Wilder Wilkes Wilkins Williams, J. Wright Young, A.
Total Number of Senators voting 26
Total Number of Representatives voting 82
Grand Total 108
Necessary to a choice 55
Of which Mrs. Harris received 10
Of which Mrs. League received 98
Whereupon, the President announced that Ms. Barbara B. League having received a majority of the votes cast was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
Rep. BARBER moved that the House recede until 3:15 P.M.
Rep. HOLT moved that the House do now adjourn.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Beatty Boan Bruce Byrd Canty Carnell Elliott, D. Elliott, L. Farr Foster Gentry Glover Harris, J. Harvin Holt Houck Inabinett Jaskwhich Johnson, J.C. Kinon Kirsh Littlejohn Marchbanks Martin, D. Mattos McAbee McCraw McGinnis McKay McLeod Neilson Phillips Rhoad Rogers Ross Scott Shirley Stoddard Taylor Wells Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Baker Barber Baxley Burch, K. Cato Chamblee Clyborne Cooper Corbett Council Cromer Delleney Felder Hallman Harrelson Harwell Haskins Hendricks Huff Jennings Keegan Kennedy Keyserling Klapman Koon Lanford Martin, L. Martin, M. McTeer Meacham Quinn Riser Rudnick Sharpe Sheheen Shissias Smith Stone Sturkie Vaughn Waites Whipper Wilder Wilkins Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4882 -- Rep. Cato: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY TO THE FAMILY OF JAMES GARY BATSON OF TRAVELERS REST UPON HIS DEATH.
H. 4885 -- Reps. Corbett and Keegan: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARK GARNER, FORMER MAYOR OF MYRTLE BEACH, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4886 -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. LONNIE RANDOLPH FOR BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA OPTOMETRIC ASSOCIATION, THE FIRST AFRICAN-AMERICAN ELECTED PRESIDENT OF A SOUTH CAROLINA HEALTH PROFESSIONAL ASSOCIATION, AND FOR HIS MANY CONTRIBUTIONS TO HIS PROFESSION AND THE COMMUNITY.
H. 4887 -- Rep. Rhoad: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. EDWARD BENNETT, REPRESENTATIVE FROM ORANGEBURG COUNTY, FOR HIS MANY YEARS OF LOYAL AND DEDICATED SERVICE TO THE CITIZENS OF HIS COUNTY AND THE STATE OF SOUTH CAROLINA AND EXTENDING BEST WISHES TO HIM FOR SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS FOLLOWING HIS RETIREMENT FROM LEGISLATIVE SERVICE.
H. 4888 -- Reps. L. Martin, Marchbanks, Mattos, Sheheen and Wilkins: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, B. L. HENDRICKS, JR., OF PICKENS COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WISH HIM THE BEST FOR MUCH HAPPINESS IN THE YEARS AHEAD.
At 2:01 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Mr. Carl Farr of the Adamsburg Community in Union County, to meet at 10:00 A.M. tomorrow.
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