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:
We thank You, Heavenly Father, for friends, for we see them as among the greatest of life's assets. Help us to treat them with kindness knowing that criticism is like dynamite that has its place, but to be handled only by experts. May we choose to speak kind words for that enables us to hear kind echoes. Help us to assist others along the road of life to find it does not take a lot of muscle to give another heart a lift. Cause us to use well our opportunities ahead as we find a job well done today is the answer to tomorrow's problems. Give us the courage to move on seeing courage not as the absence of fear, but as the mastery of it. Forbid that we should be like the runner who halted on third base to congratulate himself, and who thus failed to make a homerun.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The question of a quorum was raised.
A quorum was later present.
Rep. SCOTT moved that when the House adjourns it adjourn in memory of Mrs. Rhonda McDowell, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 1508
Promulgated By Secretary of State
Municipal Incorporation
Received By Speaker June 1, 1992
Referred to House Committee on Judiciary
120 day review expiration date September 29, 1992 (revision will be made after Sine Die Adjournment)
Document No. 1509
Promulgated By Secretary of State, Securities Division
Dishonest or Unethical Practices By Investment Advisors
Received By Speaker June 1, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date September 29, 1992 (Revision will be made after Sine Die Adjournment)
Document No. 1510
Promulgated By Secretary of State
Custody of Clients Funds or Securities by Investment Advisors
Received By Speaker June 1, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date September 29, 1992 (Revision Will be made after Sine Die Adjournment)
Document No. 1512
Promulgated By Secretary of State
Financial Reporting Requirements for Certain Investment Advisors
Received By Speaker June 1, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date September 29, 1992 (Revision will be made after Sine Die Adjournment)
The Senate returned to the House with amendments the following:
H. 4860 -- Reps. Sheheen, Baxley and K. Burch: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM SINGLE-MEMBER DISTRICTS.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4813 -- Rep. Harvin: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".
Ordered for consideration tomorrow.
Rep. A. YOUNG, from the Dorchester Delegation, submitted a favorable report, with amendments, on:
S. 1519 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL; AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
On motion of Rep. A. YOUNG, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1519 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL; AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
Reps. A. YOUNG, WOFFORD, G. BAILEY and GONZALES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12585.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 267 of 1987 is amended to read:
"Section 1. For the school year 1987-88 1992-93 and for all school years thereafter, the boards of trustees of all school districts in Dorchester County shall prepare annual budgets for general school purposes and submit the budgets for approval to the Dorchester County Council. The council, after approving the budgets, shall set the necessary tax millage. The council may not assign or delegate its authority under this act to any other entity. The respective board of trustees of each school district in Dorchester County may determine the budget of its school district with regard to revenue required by the Education Finance Act and the Education Improvement Act without the approval of any other authority. The authority conferred on the Board of Trustees of School District 4 by the provisions of this section is effective only after the election and qualification of the board."
SECTION 2. Section 3 of Act 267 of 1987 is amended to read:
"Section 3. For each the school year after 1987-88 1992-93 and for all school years thereafter, the tax millage for the annual operating budget for Dorchester County School District 2 and Dorchester County School District No. 4 set by the each Dorchester County Council respective school district may not increase more than four mills beyond the revenue requirements of the Education Finance Act and the Education Improvement Act plus the limited cash reserve as defined in Section 3 (Section 3 means Section 3 of the 1992 act establishing the cash reserve and not this section), without the approval of the Dorchester County Council. The council may not assign or delegate its authority under this act to any other entity."
SECTION 3. Dorchester County School Districts 2 and 4 each may maintain a limited cash reserve not exceeding five percent of the total operating budget for the respective school district for the year in which the cash reserve is maintained. The cash reserve may be funded only by any accumulation of revenue in excess of budgeted amounts and not by the levy of additional taxes as part of the budget. Monies in the cash reserve may not be used to fund any expenditure for which any general obligation bond may be issued as provided by law.
SECTION 4. In determining the amount of millage to raise taxes to fulfill the amount of local funding effort for a school district's operating budget, Dorchester County School Districts 2 and 4, respectively, must calculate the amount of taxes to be raised by subtracting from the amount of local effort required by the Education Finance Act and the Education Improvement Act the amount of all monies collected during the previous year in excess of the approved budget, plus any interest accrued thereon, except for any monies accumulated under Section 3 and interest accrued thereon through the last day of the last budget year up to the amount of the limited cash reserve permitted by Section 3.
The amount of excess funds and accrued interest referred to in the preceding paragraph must be determined each year by an independent auditor before the millage is set to collect taxes for the Education Finance Act and the Education Improvement Act local effort.
SECTION 5. If any provision of this act is held invalid, the invalidity does not affect other provisions which must be given effect without the invalid provision and to this end the provisions of this act are severable.
SECTION 6. 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.
On motion of Rep. JASKWHICH, with unanimous consent, the following was taken up for immediate consideration:
H. 4898 -- Rep. Jaskwhich: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION TO USE THE HOUSE CHAMBER ON FRIDAY, JANUARY 8, 1993, FOR ORIENTATION OF NEW SCHOOL BOARD MEMBERS.
Be it resolved by the House of Representatives:
That the South Carolina School Boards Association may use the chamber of the House of Representatives on Friday, January 8, 1993, for orientation of new school board members. If the House is in statewide session, the chamber may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina School Boards Association for the use of the chamber.
The Resolution was adopted.
The following was introduced:
H. 4899 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A HOUSE RESOLUTION COMMENDING AND THANKING THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE DESK STAFF FOR THEIR EXCELLENT WORK AND LOYALTY DURING THE 1992 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4900 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A HOUSE RESOLUTION COMMENDING AND THANKING THE STAFF OF WORD PROCESSING OF THE HOUSE OF REPRESENTATIVES FOR THEIR EXCELLENT WORK DURING THE 1992 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4901 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A HOUSE RESOLUTION COMMENDING AND THANKING THE ACCOUNTING STAFF OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING WORK THEY RENDERED DURING THE 1992 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4902 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A HOUSE RESOLUTION TO COMMEND AND THANK LEGISLATIVE INFORMATION SYSTEMS FOR THEIR VALUABLE SUPPORT SERVICES DURING THE 1992 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4903 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A HOUSE RESOLUTION COMMENDING AND THANKING THE EMPLOYEES OF THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING THE 1992 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4904 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A HOUSE RESOLUTION TO COMMEND AND THANK LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES FOR THEIR VALUABLE SUPPORT SERVICES DURING THE 1992 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4905 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING BAMBERG-EHRHARDT HIGH SCHOOL ON WINNING THE 1992 CLASS AA BASEBALL STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. P. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4906 -- Reps. P. Harris, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A CONCURRENT RESOLUTION RECOGNIZING MR. HOYT B. HILL, JR., IN MAKING THE RICHARD M. CAMPBELL VETERANS NURSING HOME A REALITY AND ACKNOWLEDGING THAT THE MAIN COURTYARD OF THE HOME WAS DEDICATED IN HIS MEMORY.
Whereas, Mr. Hoyt B. Hill, Jr., played a major role in getting the two hundred twenty-bed Richard Michael Campbell Veterans Nursing Home established in Anderson, South Carolina; and
Whereas, Mr. Hill served during World War II with the 126th Infantry, 32nd Infantry Division, in New Guinea in the Buna Campaign in some of the most vicious warfare this country endured during World War II; and
Whereas, he was awarded the Combat Infantryman's Badge and the Bronze Star for his World War II service; and
Whereas, after World War II, Mr. Hill became employed with the South Carolina Department of Veterans Affairs and dedicated his entire working career in serving the veterans, widows, and their orphans of this great State for more than forty-four years; and
Whereas, Mr. Hill, the former long-time Director of the South Carolina Department of Veterans Affairs, received many awards including the Order of the Palmetto, the highest presentation the State of South Carolina can give, which was presented by Governor John C. West in November, 1974. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize Mr. Hoyt B. Hill, Jr., in making the Richard M. Campbell Veterans Nursing Home a reality and acknowledging that the main courtyard of the home was dedicated in his memory.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4907 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. MARION W. MCLESTER OF SUMTER COUNTY FOR HER MORE THAN SIXTY-FIVE YEARS OF WORKING TO IMPROVE THE RAFTING CREEK COMMUNITY OF SUMTER COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4908 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING PORTIA CUTTINO MYERS OF SUMTER COUNTY, KNOWN FOR HER TIRELESS DEDICATION TO HISTORY, FOR SERVING THE CITIZENS OF HER COUNTY THROUGH HER INTERESTING AND ENLIGHTENING WEEKLY COLUMNS IN THE SUMTER ITEM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4909 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING SYLVIA A. LONEY OF SUMTER COUNTY FOR HER TIRELESS EFFORTS TO HELP THE LESS FORTUNATE AND IMPROVE HER COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4910 -- Reps. Koon, H. Brown, J. Williams, Sharpe, Wilkes, Wright, Riser, Cromer and McAbee: A HOUSE RESOLUTION TO WELCOME THE PRINTING OFFICIALS OF OTHER STATES AND RELATED POLITICAL JURISDICTIONS TO SOUTH CAROLINA WHEN THEY ATTEND THE NATIONAL STATE PRINTING ASSOCIATION ANNUAL CONFERENCE SEPTEMBER 27-30, 1992, IN CHARLESTON.
The Resolution was adopted.
The following was introduced:
H. 4911 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cole, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, THE TOUR GUIDE STAFF, AND THE STATE HOUSE NURSES FOR THEIR DEDICATED HARD WORK DURING THE 1992 SESSION.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1590 -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING THE HEROISM OF CHANCE C. MELTON, JR., OF CHEROKEE COUNTY WHILE SERVING IN THE UNITED STATES NAVY DURING THE SECOND WORLD WAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1592 -- Senator Leventis: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. FRANK A. MCLEOD, JR., OF SUMTER COUNTY, DISTINGUISHED CITIZEN, CIVIC LEADER, AND RETIRED BUSINESSMAN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4912 -- Reps. Klapman, Koon, Wright, Felder, Sturkie, Riser and Sharpe: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE THE DATE OF THE OFFICIAL MAP ON WHICH THESE PRECINCTS ARE SHOWN.
On motion of Rep. WRIGHT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 276 -- Senators Mullinax and Gilbert: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THIS LICENSE PLATE.
Referred to Committee on Education and Public Works.
S. 1491 -- Senators Wilson and Rose: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.
Rep. H. BROWN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Education and Public Works.
S. 1533 -- Senators Matthews and Washington: A BILL TO REQUIRE THE ALLENDALE COUNTY BOARD OF EDUCATION TO SUBMIT A BUDGET AND ANNUAL TAX LEVY TO THE COUNTY AUDITOR, TO AUTHORIZE THE BOARD TO SET THE SCHOOL TAX MILLAGE ANNUALLY WITH CERTAIN LIMITATIONS, TO REQUIRE A PUBLIC HEARING ON THE PROPOSED MILLAGE, AND TO REQUIRE A REFERENDUM TO EXCEED THE AUTHORIZED MILLAGE; AND TO REPEAL SECTIONS 21-1101 AND 21-1102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF EDUCATION OF ALLENDALE COUNTY AND THE LEGISLATIVE DELEGATION'S AUTHORITY TO SET THE ANNUAL SCHOOL TAX MILLAGE.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1573 -- Senator Peeler: 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.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1581 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE THE NAME OF THE AUTHORIZATION FOR THE YORK COUNTY TECHNICAL COLLEGE.
Rep. BOAN moved to waive Rule 5.12, which was agreed to by a division vote of 5 to 0.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1582 -- Transportation 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.
Referred to Committee on Education and Public Works.
S. 1583 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL, AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE, TO PROVIDE FOR THE MANNER BY WHICH THE FUND MUST BE FUNDED AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
On motion of Rep. WOFFORD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1584 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE THE AREAS OF ROCK HILL PRECINCT NO. 6 AND ROCK HILL PRECINCT NO. 8.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Barber Beasley Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, L. Fair Farr Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Keyserling Kinon Kirsh Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McKay McLeod Meacham Neilson Nettles Phillips Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, June 2.
Don Beatty Marion P. Carnell L. Edward Bennett John Rama J. Michael Baxley Maggie W. Glover Kenneth Kennedy James J. Bailey Bob Shirley Morgan Martin Alfred C. McGinnis Gene Stoddard Thomas E. Huff Larry Gentry Jarvis R. Klapman J.C. Johnson Alex C. Harvin, III John G. Felder B. Hicks Harwell Doug E. McTeer Dick Elliott Rick Quinn
STATEMENT OF ATTENDANCE
Rep. STURKIE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 27.
Rep. CORBETT moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
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.
Rep. ALTMAN moved to continue the Bill, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. WILKINS explained the Bill.
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.
Rep. T.C. ALEXANDER explained the Bill.
The following Bill was taken up.
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 Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12456.DW).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. (A) As incident to the adoption of this section, the General Assembly finds that it has created numerous special purpose districts to provide one or more governmental services within specified localities. Additional special purpose districts have been created as a result of referenda held pursuant to authorizing legislation. While many of these special purpose districts continue to provide governmental services and otherwise exercise the authority granted them pursuant to their respective enabling legislation, there exist a number of special purpose districts which have ceased to provide governmental services, or which have never provided any service.
The existence of these nonfunctioning special purpose districts has created inefficiencies in the provision of governmental services to the people of this State. The General Assembly adopts this section in order to provide a means in which special purpose districts which do not provide any governmental service, and which have made no provision for providing the service, may be dissolved. It is the intent of the General Assembly that dissolution of a special purpose district is mandatory if the conditions and procedures set forth in this section are met.
(B) The 1976 Code is amended by adding:
"Section 4-11-290. (A) For purposes of this section, 'special purpose district' or 'district' means any district created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, and includes those districts created by special legislation as well as those districts created by virtue of referenda held pursuant to general legislation."
(B) No special purpose district may be dissolved pursuant to this section if any one or more of the following conditions exists:
(1) the district is presently providing a governmental service within its boundaries;
(2) the district has outstanding general obligation indebtedness;
(3) the district has outstanding indebtedness payable from revenues derived from the provision of one or more governmental services; and
(a) the indebtedness has not been declared in default by or upon behalf of the holder of it, or
(b) a receiver has been appointed to manage the affairs of the district or application has been made for the appointment of a receiver; or
(4) the district has provided a governmental service within two years of the date of the petition and has formally budget funds to resume the provision of a governmental service within the present or succeeding fiscal year;
(5) the governing body of a county in which the district is located objects to the dissolution of the district.
(C) An individual residing or owning property within the boundaries of a special purpose district may petition the Secretary of State to dissolve the district through the issuance of an order of dissolution.
(D) A petition for dissolution of a special purpose district must contain the following items:
(1) a description of the governmental services which the district is authorized by law to provide;
(2) a statement that the district is not presently providing any authorized governmental service;
(3) identification of the special legislation or the general legislation pursuant to which the district was created. If the district was created pursuant to general legislation, the petition must state the date upon which the approving referendum was held;
(4) a general description of the boundaries of the district. If the boundaries of the district have at any time been enlarged or diminished pursuant to general laws, the date or dates of the action must be stated;
(5) a statement of the reason or reasons for which dissolution of the district is sought.
(E) The petition must be filed with the clerk of court of each county in which the district is located, and a certified copy of the petition shall within ten days after that time be filed with the Secretary of State.
(F) The Secretary of State shall, upon receipt of a petition. commence proceedings as set forth in this subsection for the purpose of investigating the matters set forth in the petition and determining whether a district must be dissolved.
(1) Within twenty days of the receipt of a petition, the Secretary of State shall serve upon the Governor, the State Treasurer, and the governing bodies of the county or counties in which the district is located a copy of the petition, together with a copy of the notice of review authorized by subsection (F)(2). The Governor, the State Treasurer, and the county governing bodies may comment upon the petition, or in the case of county governing bodies, interpose an objection to dissolution of the district, by serving a return to the petition setting forth the comments or grounds for the objection within forty days of the service of the petition.
(2) Within twenty days of the receipt of a petition, the Secretary of State must have published in a newspaper of general circulation in each county in which the district is located once a week for three successive weeks a notice of review which must state:
(a) the name of the district and the boundaries of it;
(b) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by the authorization;
(c) the date upon which the petition was received by the Secretary of State;
(d) that the petition is available for inspection at the office of the clerks of court in each county in which the district is located;
(e) that the Secretary of State is reviewing the matters set forth in the petition and may undertake to dissolve the district if the matters are found to be true;
(f) the names of the persons shown in the records of the Secretary of State, or, in the case of a district with an elected governing body, the county election commission, who constitute the most recently appointed or elected governing body of the district. In the case of an appointed governing body, there also must be identified the official or officials charged with appointing the members of the governing body; and
(g) that persons wishing to comment upon the dissolution of the district may file a return to the petition within twenty days of the last publication of the notice.
(3) A copy of the petition and the notice of review must be served, in the manner provided by law for service of process upon individuals, upon the persons identified as members of the governing body of the district in subsection (F)(2)(f) and mailed to the last known address, if any, of the office of the governing body.
(G) Upon the expiration of the time periods set forth in subsections (F)(1) and (2), the filing of a return to the petition, the Secretary of State shall determine whether the district must be dissolved. The district must be dissolved if the procedures established by this section have been met and if none of the conditions set forth in subsection (B) are found by the Secretary of State to exist. The findings of the Secretary of State must be published in an order of dissolution. The order of dissolution must state:
(1) the name of the district and the boundaries of it;
(2) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by such authorization;
(3) the date upon which the petition was received by the Secretary of State;
(4) that the petition has been served upon the Governor, the State Treasurer, and the governing bodies of each county in which the district is located;
(5) that the notice of review provided for by subsection (F)(2) was published once a week for three successive weeks in a newspaper of general circulation in each county in which the district is located;
(6) that the persons shown in the records of the Secretary of State, or, in the case of a district with an elected governing body, the county election commission, who constitute the most recently appointed or elected governing body of the district, were served with a copy of the petition and the notice of review; and
(7) that the Secretary of State has caused investigation to be made and has determined that the district must be dissolved pursuant to this act.
(H) (1) The order of dissolution must be filed in the office of the clerk of court in each county in which the district is located. The Secretary of State shall have published once a week for three successive weeks in a newspaper of general circulation in each county in which the district is located a notice of dissolution, which must state:
(a) the date of the filing of the petition;
(b) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by the authorization and the boundaries of the district;
(c) that the Secretary of State has determined that the district must be dissolved pursuant to this section;
(d) that the order of dissolution is available for inspection in the office of clerk of court of each county in which the district is located; and
(e) that the order of dissolution will become final on the twenty-first days following the final publication of the notice of dissolution.
(2) The notice of dissolution also must be served upon the Governor and the State Treasurer in the manner provided by law for service of process upon individuals, upon the persons identified as members of the governing body of the district in subsection (F)(2)(f) and be mailed to the last known address, if any, of the office of such governing body.
(3) Any resident or landowner of the district, the Governor, the State Treasurer, or a county governing body may, by action de novo instituted in the court of common pleas in a county in which the district is located, within twenty days following the publication of the notice of dissolution, but not afterwards, challenge the action of the Secretary of State. The scope of any action must be limited to the authorization of the Secretary of State to issue the order of dissolution in accordance with the requirements of this chapter or of the Constitution of this State.
(I) In the event a district is located in more than one county and the Secretary of State declines to issue an order of dissolution solely on the grounds that the governing bodies of one or more of such counties object to dissolution, the governing body of any county which does not object to dissolution is authorized to diminish the boundaries of the district so that it no longer includes any portion of that county. In diminishing the boundaries of a district, the governing body shall utilize the procedure set forth in Article 3, Chapter 11, Title 6. No consent or action by the governing bodies of other counties in which the district is located is required./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. HOLT, FULMER, INABINETT, GONZALES and HALLMAN objected to the Bill.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12524.DW).
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION __. Section 8-13-1318(1) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(1) within the contribution limits applicable to the last election in which the candidate sought the elective office for which the debt was incurred, but not more than the limits provided in Section 8-13-1314; and"/
Amend further, as and if amended, Section 2-17-10(14), as contained in SECTION 2, page 4, line 14, by inserting after /body/ /or to the subject matter/so that when amended Section 2-17-10(14) shall read:
/"(14) 'Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is deemed a lobbyist's principal only as to the public office or public body or to the subject matter to which he has authorized a lobbyist to engage in lobbying."
Amend further, as and if amended, page 5, lines 16 through 42, by striking SECTION 6, in its entirety.
Amend further, as and if amended, Section 2-17-80(A), as contained in SECTION 8, page 6, line 38, by inserting after /facilitate,/ /, deliver,/ so that when amended Section 2-17-80(A) shall read:
/"(A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, deliver, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7)."/
Amend further, as and if amended, Section 2-17-90(A), as contained in SECTION 9(A), page 7, line 15, by inserting after /facilitate,/ /, deliver,/ so that when amended Section 2-17-90(A) shall read:
/"(A) Except as otherwise provided under Section 2-17-100, no lobbyist's principal may offer, solicit, facilitate, deliver, or provide to a public official or public employee, and no public official or public employee any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees, and none of these public officials or public employees may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal, except for:
(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups;
(2) as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;
(3) as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section;
(4) as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited;
(5) as to statewide constitutional officers, a function to which a statewide constitutional officer is invited;
(6) as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from:
(a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below;
(b) any statewide constitutional officer, in the case of himself or any of his employees;
(c) the President Pro Tempore of the Senate, in the case of any member of the Senate or its employees; or
(d) the Speaker of the House, in the case of a member of the House of Representatives or its employees."/
Amend further, as and if amended, in Section 2-17-110(I), as contained in SECTION 9(B), page 8, line 35, by inserting after /offer,/ /deliver,/ and inserting immediately after line 42:
/(C) Section 2-17-110(D) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(D) A lobbyist may not serve as a member of a state board or state commission when the selection process involves an election by or approval of the General Assembly, except that any lobbyist serving as a member of a state board or state commission before January 1, 1991 1992, who was elected or approved by the General Assembly or by a public official,may continue to serve as a member of the same state board or state commission until the end of his current term."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Thursday, June 4, which was adopted.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 6, by the Committee on Judiciary.
Rep. HODGES explained the amendment.
Reps. HODGES and ROGERS withdrew their objections to the Bill whereupon objections were raised by Reps. HARRISON, QUINN and SHISSIAS.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Thursday, June 4, 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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Reps. BARBER and HENDRICKS spoke in favor of the Bill.
Reps. LITTLEJOHN and MARCHBANKS spoke against the Bill.
Rep. CLYBORNE moved to recommit the Bill.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Council Fair Fulmer Haskins Holt Jaskwhich Kirsh Lanford Littlejohn Marchbanks Martin, L. Martin, M. McKay McLeod Rama Rhoad Riser Ross Sharpe Shirley Smith Stone Townsend Vaughn Waldrop White Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Carnell Corbett Corning Cromer Delleney Elliott, L. Farr Foster Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Hendricks Hodges Houck Hyatt Inabinett Jennings Keegan Kempe Keyserling Kinon Koon Manly Martin, D. Mattos McAbee McCraw McElveen Meacham Neilson Nettles Phillips Quinn Rogers Rudnick Scott Shissias Snow Sturkie Taylor Tucker Waites Wells Whipper Wilkes Williams, J. Wright
So, the House refused to recommit the Bill.
Rep. TOWNSEND spoke against the Bill.
Rep. TOWNSEND moved to table the Bill.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Beasley Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Council Fair Fulmer Haskins Jaskwhich Kennedy Kirsh Lanford Littlejohn Marchbanks Martin, L. McKay McLeod Rama Ross Sharpe Shirley Smith Stone Townsend Vaughn Waldrop White Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Corbett Corning Cromer Delleney Elliott, L. Farr Foster Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Hendricks Hodges Holt Houck Hyatt Inabinett Jennings Keegan Kempe Keyserling Kinon Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen Meacham Neilson Nettles Phillips Quinn Riser Rogers Rudnick Scott Sheheen Shissias Snow Sturkie Taylor Tucker Waites Wells Whipper Wilder Wilkes Williams, D. Williams, J. Wright
So, the House refused to table the Bill.
Rep. CORNING spoke in favor of the Bill.
Rep. HASKINS spoke against the Bill.
The question then recurred to the passage of the Bill on second reading.
Rep. VAUGHN moved to commit the Bill to the Committee on Education and Public Works, which was not agreed to.
Rep. BARBER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Reps. CLYBORNE and G. BAILEY spoke against the Bill.
Rep. VAUGHN moved that the House recede until 1:45 P.M.
Rep. RHOAD demanded the yeas and nays, which were not ordered.
The House refused to recede until 1:45 P.M. by a division vote of 11 to 73.
Rep. G. BAILEY continued speaking.
The question then recurred to the passage of the Bill on second reading.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Corbett Corning Cromer Delleney Elliott, L. Farr Foster Glover Gonzales Harris, J. Harris, P. Harrison Harvin Hendricks Hodges Holt Houck Hyatt Inabinett Jennings Keegan Kempe Keyserling Kinon Manly Martin, D. Mattos McAbee McCraw McElveen Meacham Neilson Nettles Quinn Rogers Rudnick Scott Sheheen Shissias Snow Sturkie Taylor Tucker Waites Wells Whipper Wilder Wilkes Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Gentry Haskins Huff Jaskwhich Johnson, J.C. Kennedy Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis McKay McLeod Rama Rhoad Riser Ross Sharpe Shirley Smith Stoddard Stone Townsend Vaughn Waldrop White Wilkins Wofford Young, A. Young, R.
So, the Bill was read the second time and ordered to third reading.
Rep. RHOAD made a statement relative to Rep. L. EDWARD BENNETT's service in the House, and extending best wishes upon his retirement.
Rep. SNOW, on behalf of the Agriculture, Natural Resources and Environmental Affairs Committee, presented Rep. BENNETT a plaque recognizing him for his years of dedicated service as Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee.
Rep. BENNETT made a statement relative to his service in the House and expressed his appreciation to all members.
Pursuant to House Resolution H.4833, adopted by the House on May 12, 1992, the House Legislative Ethics Committee undertook the responsibility of conducting an investigation into the matter of votes being cast for absent House members during the session of the House on May 5, 1992. Also pursuant to that House Resolution, the Ethics Committee renders the following report with findings of facts, conclusions, and recommendations. The investigation was performed in a thorough, fair, and professional manner, and the committee sought with all diligence and expedience to bring this matter to a conclusion.
Meetings of the committee were held on May 13, 14, 19, 20, and 26. During the initial meeting of the committee on May 13, Chairman Neilson explained in public session the procedure to be followed and defined the confidentiality requirements binding the committee, staff, and witnesses. The committee then met in a series of executive sessions to hear testimony, receive other evidences, and to discuss the matter before the committee.
The committee's first step in the investigative process was to determine who might possess any information relevant to the investigation. Accordingly, confidential questionnaires were distributed to all 121 sitting House members. Every member returned a signed statement answering the following questions:
1. Were you present during the session of the House on Tuesday, May 5, 1992? If not, where were you, and did you have a leave of absence from the Speaker?
2. Were you present at the time to vote to recall S.1327 (Barnwell bill)?
3. Did you vote on the motion to recall S.1327? If so, how did you vote?
4. Did you vote for any other member on the motion to recall S.1327 or on any other vote on May 5, 1992? If so, fully explain the circumstances, including the non-voting member's name.
5. Did you observe any person vote for an absent member on the motion to recall S.1327 or have any personal knowledge surrounding the votes of any absent members on that day?
6. Do you know of any other evidence which may assist the committee in its investigation? If so, either explain in writing or indicate that you wish to testify before an executive session of the Ethics Committee.
Any member whose statement stood out, for any reason, was served a subpoena to appear before the committee. Likewise, the three members who had votes cast in their absence, as well as all members in attendance on May 5 who sit within two desks, from any side, of the desks of Representatives Joe Brown, Woody McKay, and Toy Nettles, were served subpoenas. Also, to avoid any appearance of impropriety and to establish for the record the extent of their knowledge of the facts surrounding the incident under investigation, each member of the Ethics Committee was sworn and responded to questions by counsel.
A total of 25 House members appeared before the committee, with the committee, in some instances, asking a witness to return to answer additional questions. Any inconsistencies in testimony among witnesses were explored and further testimony was taken to resolve differences of observation or interpretation through requesting and/or requiring those previously testifying to provide additional information. All witnesses were examined under oath by counsel and several also received questions from committee members. Those members appearing and testifying were (in random order):
Kathleen Kempe Terry Haskins Alma Byrd
William S. Houck Larry Elliott J. Michael Baxley
B. Hicks Harwell Marion H. Kinon Michael F. Jaskwhich
Harry Cato Maggie W. Glover Curtis Inabinett
Lucille S. Whipper Levola S. Taylor John L. Scott, Jr.
James L.M. Cromer, Jr. Timothy F. Rogers Jennings G. McAbee
Ronald P. Townsend James R. Shirley John W. Tucker, Jr. Harriet Keyserling Thomas Huff David Wright
Roger Young
Affidavits were also independently submitted to the Committee by 15 House members.
In addition, Tim Carrier, a television news reporter with SC ETV was served a subpoena duces tecum to appear before the committee and provide any video tape footage of the May 5 session. Mr. Carrier testified that ETV did not film any part of the motion period and had no evidence of who may have pushed the voting buttons for the absent members. As far as the video tape of that day, Mr Carrier stated that it had been erased as part of ETV's routine procedure for recycling tapes. Carrier did say, however, that he and his cameraman carefully reviewed the tape for May 5, finding no useful footage for purposes of identifying the offending voters in the present case. A video tape of the ETV show covering state house news for the week of May 5, 1992 was provided to the committee, but it contained no useful information.
On Tuesday, May 5, 1992, the South Carolina House of Representatives met in statewide session, convening at 12:00 noon. The House receded for lunch at approximately 1:00 p.m., resuming at 2:30 p.m. Roll Call was taken on the electronic board to indicate the presence of members in attendance at approximately 2:35 p.m. Shortly afterwards, the House entered the motion period on the daily calendar. During the motion period, three roll call votes were taken, in the following order: a motion by Rep. Rogers to table a motion by Rep. Haskins to recall S.1327, known as the Barnwell bill (that motion failed 40-51); Rep. Boan's motion to adjourn (that motion failed 50-56); and, Rep. Haskins' pending motion to recall S.1327 (that motion failed 54-55). It was later discovered that three votes cast on the prevailing side of the last mentioned motion were actually cast for members who were absent from the chamber at the time of the vote. Representatives Joe E. Brown, Woody McKay, and E. Leroy "Toy" Nettles, Jr. had votes cast for them without their knowledge or permission while they were not in the House chamber.
Rep. Joe Brown was present on May 5, 1992, but was in and out of the chamber during the session. The journal reflects that he signed in at the clerk's desk after roll call was taken. The journal also shows that Rep. Brown was recorded as voting on all three motions taken up during the motion period of that day. Rep. Brown's votes were cast on the motion to table the motion to recall S.1327 (a "yes" vote), the adjournment motion (a "yes" vote), and the direct motion to recall S.1327 (a "no" vote). Rep. Brown testified emphatically that he did not cast a vote on any of those motions, nor did he authorize anyone to vote for him in his absence. Upon finding out that votes had been cast in his name without his knowledge or permission, and contrary to his position, Rep. Brown sought to remedy the situation by noting a motion to reconsider the defeated recall vote or by raising a point of order to state that his vote was recorded and counted in error. In discussions with Representatives Wright, Haskins, and Huff, Rep. Brown expressed his reservations to such a remedy for fear of unfairly implicating anyone seated near him in the chamber. After conferring with Speaker Sheheen and others, he was satisfied that that would not be the appropriate parliamentary procedure, and offered no such motion or point of order. In sworn testimony, Rep. Brown stated that at no time did he know who voted for him, request anyone to vote for him, nor did he intend to suggest that he did know or suspect who voted for him in his absence. No competent evidence was presented by any witness which would establish the identity of the person who cast Rep. Joe Brown's votes during the May 5 motion period.
The Journal of the House for May 5, 1992, indicates that Rep. Woody McKay was voted present on the electronic roll call that afternoon. A vote was also recorded for him on an adjournment motion (a "yes" vote) and the motion to recall S.1327 ( a "no" vote) during the motion period. Rep. McKay testified that he was in Florida on business the entire day of May 5th, and did not ask or authorize any one to cast a vote for him or indicate his presence during roll call. Rep. McKay did state that the two votes cast for him during the motion period were contrary to how he would have voted had he been in attendance. Rep. McKay has no knowledge of who pushed his vote button.
The committee further finds that Rep. E. Leroy "Toy" Nettles, Jr. was present during the morning session of the House on May 5, 1992, but left to attend to business in his hometown of Lake City prior to the House reconvening after the lunch break at approximately 2:30 p.m. Roll Call of the House on May 5 did not occur until after the House reconvened in the afternoon session. Rep. Nettles testified that before the House receded for lunch that he had asked that one of his colleagues seated nearby to vote him present on the afternoon roll call since he would be leaving before he could register his presence. Rep. Nettles did not recollect whether he specifically asked a particular member to do that or made that general request to a group of legislators in the vicinity. Rep. Larry Elliott, whose desk is directly in front of Representatives Nettles and McKay testified that he intended to fulfill Rep. Nettles' request to vote him present during roll call, but when Rep. L. Elliott went to do so, he found that Rep. Nettles' vote button had already been pushed. Rep. L. Elliott testified he did not vote for Representatives Nettles or McKay on any of the votes in question on May 5, nor did he see who did. The House Journal indicates that Rep. Nettles was also recorded as voting on the adjournment motion (a "yes" vote) and the motion to recall S.1327 (a "no" vote). He has no knowledge of the identity of the person casting any of those votes.
Pending the discovery of any further evidence, the House Ethics Committee's investigation into the May 5, 1992 "phantom vote" incident is discontinued. The committee persistently sifted through hours of testimony and other evidence. Regretfully, no competent evidence was uncovered to indicate the identity of the offending person(s) and the matter remains unresolved. The lack of success of the committee's investigation can not be attributed to laxness of approach, inefficiency, failure to earnestly pursue all avenues of possible leads, or to a lack of resources. The committee is confident that the investigation was performed in a thorough and appropriate manner. Nothing would be gained by further investigation, whether by this committee or any other entity, unless some new evidence is brought to light.
All sitting House members signed statements asserting their innocence of the offense and ignorance of relevant evidence which could lead to resolution of this matter. While it seems a probability that at least one House member has not been truthful, the possibility does exist that it was not a House member that pushed the vote buttons for the absent members on May 5 and that no House member observed who did. Again, though it may seem more likely than not that the buttons were pushed by those on the prevailing side of the motion or those seated in close proximity of the absent member's desks, there is no evidence to suggest such propositions as fact.
Without a confession by the guilty party or parties, or testimony by an eyewitness to the casting of the unauthorized votes, it is futile to hope to ever identify those at fault. Likewise, in the absence of probable cause to accuse a member of wrongdoing it is unfair to impute blame to any person based upon speculation or conjecture.
The House Legislative Ethics Committee is as interested in preventing future incidents of voting for absent House members as it is in identifying those persons who cast votes for Representatives J. Brown, McKay, and Nettles on May 5, 1992. It is unfortunate that the actions of a very few have sullied the reputation of the entire House of Representatives. No punishment can be ordered where no party is found guilty, let alone accused, but it is the responsibility of this committee and the full membership of the House to take such measures as may be necessary to ensure that the offenses are not repeated. While the House strives to operate in the spirit of its rules if not always to the letter of those rules, it must make a collective pledge to comply more strictly to the formal rules of the House in regard to voting procedures. Inconvenience is not an acceptable excuse for not closely adhering to a higher standard of conduct in performing the duties of elective office in lieu of current circumstances. New House Rule 7.3(h), adopted by the House on May 14, 1992, is a positive step in preventing future transgressions. The Ethics Committee will review that rule and other options during the next few months and will possibly offer amendments to the House Rules when the House convenes in organizational session in December.
Additionally, the committee is of the opinion that mechanical safeguards can be implemented by the House to deter persons from voting for absent members. An informal inquiry determined that several options are available at varying costs to protect the integrity of the electronic voting system. Those options vary from reformatting the current software to enable a computer operator to activate and deactivate a member's voting console as he or she enters and exits the chamber to refitting the consoles to require a key, number keypad, or magnetic card to activate the voting buttons. Each alternative has its advantages and disadvantages and the cost of installation ranges from $2,500 to $70,000. The committee encourages a thorough evaluation of those options, with an analysis of cost, practicality, and reliability for each.
Having completed its investigation, the House Legislative Ethics Committee respectfully unanimously submits the foregoing report.
Respectfully submitted,
/s/Denny W. Neilson, Chairman
/s/Drawdy N. Holt, Jr., Vice Chairman
/s/Toney L. Farr, Secretary
/s/Larry A. Martin, Treasurer
/s/Patrick B. Harris
/s/J. Roland Smith
Rep. HENDRICKS made a statement relative to Rep. LARRY MARTIN's service in the House, his resignation, and extended best wishes to him in his future endeavors.
Rep. L. MARTIN made a statement relative to his service in the House and expressed his appreciation to all members.
Rep. HASKINS raised the Point of Order that 1:00 P.M. having arrived and in accordance with Rule 6.1, the House should stand in recess until 2:15 P.M.
The SPEAKER Pro Tempore sustained the Point of Order.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., May 28, 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. 1549:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 28, 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. 1432:
S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 4439:
H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.
Very respectfully,
President
No. 111
Rep. L. MARTIN moved that the Bill be returned to the Senate, which was agreed to.
The following was received.
Columbia, S.C., May 28, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, McConnell and Leatherman of the Committee of Free Conference on the part of the Senate on S. 883:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Very respectfully,
President
No. 394
Received as information.
The following was received.
Columbia, S.C., May 28, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 883:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Very respectfully,
President
No. 096
Received as information.
The following was received.
Columbia, S.C., June 2, 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. 805:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Reps. GONZALES and FULMER withdrew their objections to the following Bill.
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.
Rep. DELLENEY withdrew his objection to the following Bill.
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.
Reps. DELLENEY, McELVEEN, McLEOD and TUCKER withdrew their objections to the following Bill.
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
Rep. QUINN withdrew his objection to the following Bill.
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.
Reps. QUINN, HODGES, TUCKER and BEATTY withdrew their objections to H. 4650 however, other objections remained upon the Bill.
Reps. J. BROWN, HODGES and A. YOUNG withdrew their objections to H. 4402 however, other objections remained upon the Bill.
Reps. KEYSERLING, HODGES and TUCKER withdrew their objections to the following Bill.
S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.
Reps. McELVEEN, HODGES and GENTRY withdrew their objections to the following Bill.
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Reps. HODGES, McELVEEN, HYATT, J. BAILEY and BEATTY withdrew their objections to the following Bill.
H. 4750 -- Reps. Harvin, Riser, Rama, Gonzales, Meacham, Canty, H. Brown, Smith, Carnell, Kempe, P. Harris, Neilson, Sharpe, Harwell, Shissias, Lanford, M. Martin, Inabinett, Littlejohn, Corning, K. Burch, McTeer, Holt, Mattos, Fair, Manly, McKay and Rhoad: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.
Reps. MATTOS, HODGES, KEMPE, BEATTY, DELLENEY and KEYSERLING withdrew their objections to S. 494 however, other objections remained upon the Bill.
Reps. J. BAILEY, HODGES, BARBER and HYATT withdrew their objections to the following Joint Resolution.
H. 4824 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAM, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KEYSERLING withdrew her objection to H. 4650 however, other objections remained upon the Bill.
Reps. BARBER, WAITES, HODGES and KEMPE withdrew their objections to the following Bill.
S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Rep. LITTLEJOHN withdrew his objection to the following Bill.
H. 4306 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
Rep. ROGERS withdrew his objection to the following Bill.
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
Reps. ROGERS, WAITES, HODGES and DELLENEY withdrew their objections to the following Bill.
H. 4011 -- Reps. Hayes and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.
Rep. ROGERS withdrew his objection to the following Bill.
S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.
Rep. ROGERS withdrew his objection to the following Bill.
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Reps. ROGERS and McTEER withdrew their objections to the following Bill.
H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
Rep. ROGERS withdrew his objection to the following Bill.
H. 4402 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES.
Rep. ROGERS withdrew his objection to the following Bill.
S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Rep. ROGERS withdrew his objection to H. 4330 however, other objections remained upon the Bill.
On motion of Rep. BENNETT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 786 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.
Rep. PHILLIPS asked unanimous consent to recall S. 1491 from the Committee on Education and Public Works.
Rep. KIRSH objected.
Rep. H. BROWN asked unanimous consent to recall S. 1465 from the Committee on Judiciary.
Rep. BEATTY objected.
Rep. MEACHAM asked unanimous consent to recall S. 1269 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. MANLY objected.
Rep. PHILLIPS asked unanimous consent to recall S. 1532 from the Committee on Education and Public Works.
Rep. GLOVER objected.
The following was received.
Columbia, S.C., June 2, 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. 860:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 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. 1450:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. PHILLIPS made a statement relative to Rep. ALFORD McGINNIS' service in the House and extended best wishes upon his retirement.
Rep. McGINNIS made a statement relative to his service in the House and expressed his appreciation to all the members.
The motion of Rep. GONZALES to reconsider the vote whereby the following Bill was tabled was taken up.
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
Rep. McLEOD moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Hendricks Kirsh Koon McLeod Smith
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, J. Baker Barber Baxley Beasley Brown, J. Bruce Burch, K. Byrd Cato Chamblee Clyborne Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Harris, J. Harrison Hodges Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Keyserling Kinon Klapman Lanford Littlejohn Manly Marchbanks Mattos McElveen McTeer Meacham Neilson Rama Riser Ross Rudnick Sharpe Sheheen Shissias Snow Stoddard Stone Taylor Tucker Waites Whipper Wilder Wilkes Williams, D. Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. J. BAILEY proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\436\12573.DW), which was adopted.
Amend the bill, as and if amended, Section 6-29-800(A)(2)(d)(i), page 21, line 8, by inserting after /ordinance./:
/A local governing body by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district and, if it does permit such a variance, it may require the affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the local governing body may overrule the decision of the local board of adjustment concerning a use variance./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. PHILLIPS made a statement to Rep. J.C. JOHNSON'S service to the House and extended best wishes in his future endeavors.
Rep. J.C. JOHNSON made a statement relative to his service in the House and expressed his appreciation to the members.
Rep. KIRSH on behalf of the York County Delegation made a statement relative to Rep. SAM FOSTER'S service to the House and extended best wishes in his future endeavors.
Rep. FOSTER made a statement relative to his service in the House and expressed his appreciation to the members.
The Senate amendments to the following Bill were taken up for consideration.
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
Reps. SHEHEEN, WILKINS, WALDROP proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19282.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 3 and inserting:
/SECTION 3. Chapter 15 of Title 23 of the 1976 Code is amended by adding:
"Section 23-15-135. No public official, public member, or public employee who is a law enforcement officer or official, may derive any personal income from providing food or any other product or service to a prisoner after July 1, 1992, unless the food, product, or service is provided to a procuring entity by the law enforcement officer or official pursuant to requirements of the South Carolina Consolidated Procurement Code which the procuring entity must follow in making the procurement unless it has its own procurement code in which case its own procurement code provisions must be followed."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.
Rep. TUCKER proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\436\12551.DW), which was adopted.
Amend the bill, as and if amended, page 2, lines 40 through 44, and page 3, lines 1 through 9, by striking SECTION 3 in its entirety.
Amend further in Section 17-22-100 of the 1976 Code, as contained in SECTION 9, page 4, line 43, by striking /court/ and inserting /chief administrative judge of the court of general sessions/; on page 5, line 4, by striking /judge/ and inserting /chief administrative judge of the court of general sessions/ and on lines, 6 and 11, by striking /court/ and inserting /chief administrative judge of the court of general sessions/; and on lines 5 and 8 by striking /court/ and inserting /judge/.
Amend further in Section 17-22-110, as contained in SECTION 10, page 5, line 21, by striking /court/ and inserting /chief administrative judge of the court of general sessions/; and on line 29 by striking /or related prosecutorial services/.
Renumber sections to conform.
Amend title to conform.
Rep. TUCKER explained the amendment.
Rep. FAIR spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. FAIR demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 62 to 18.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.
Rep. CARNELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\8639.BD), which was adopted.
Amend the bill, as and if amended, Section 61-3-1020, SECTION 2, page 2, by striking the sentence beginning on line 11 and inserting:
/Retail dealers also may sell nonalcoholic beverages, other than beer, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the manufacturer producer./
Amend further by striking Sec. 3 in its entirety.
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Reps. CARNELL and McABEE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\19310.SD), which was ruled out of order.
Amend the bill, as and if amended, in Section 61-1-110 of the 1976 Code, as contained in Section 1, by adding the following new paragraph to the end thereof:
/Notwithstanding the above provisions of Section 61-1-110, the filing and permit fees for permits issued as authorized by Section 61-5-180, must be paid to the commission in cash or by money order, cashier's check, or certified check, and permits authorized by Section 61-5-180 must also be issued to bona fide nonprofit organizations and business establishments located east of the intercostal waterway in a county where the annual accommodations tax collections exceed four million dollars upon application and payment of the filing and permit fees./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. FAIR raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. McABEE argued contra the Point in stating that the original Bill provided that you would have to pay cashier's checks, cash, money orders or certified checks in order to get those Sunday licenses and therefore, it would be germane to the original Bill which was Section 1.
Rep. QUINN stated that this was similar to the insurance issue and that obviously there was some specific language that was germane to the Bill but that it dealt with much more inclusive areas and was not germane.
The SPEAKER stated that the Amendment did not change anything but required the issuance of permits to an area where permits were not now allowed to be issued and that it was irrelevant of how they paid for it and he sustained the Point of Order and ruled the Amendment out of order.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.
Rep. LANFORD explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.
Reps. JENNINGS, L. MARTIN, BEASLEY, BAXLEY, WRIGHT, McLEOD, J. HARRIS, HODGES, M. MARTIN, McELVEEN, KINON, KENNEDY, STONE and HUFF proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2287.AC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 57-25-140(A) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) signs of thirty-two square feet or less advertising agricultural products of a seasonal nature, signs of a political nature, signs erected by or on the behalf of eleemosynary, civic, nonprofit, church, or charitable organizations, or signs advertising special community events which are erected temporarily for ninety days or less."/
Amend further by adding an appropriately numbered section to read:
/SECTION ___. A sign in existence adjacent to an interstate or federal aid primary highway which is illegal solely because a permit has not been issued by the South Carolina Department of Highways and Public Transportation is allowed to remain erected without penalty for one hundred twenty days from passage of this resolution in order to allow for the application for a permit to be made./
Amend further by adding an appropriately numbered section to read:
/SECTION ___. The Department of Highways and Public Transportation shall promulgate regulations consistent with Section 131(o), Title 23, United States Code, or such other provisions of Title 23 as may be appropriate, to allow signs, displays, and devices on federally-aided primary routes outside of nonurban areas which (1) provide directional information about goods and services in the interest of the traveling public and (2) are such that removal would work an economic hardship in such areas. Pursuant to Section 131(o), Title 23, United States Code, the department shall submit these regulations to the United States Secretary of Transportation for approval./
Amend further by adding an appropriately numbered section to read:
/SECTION ___. In order to comply with Section 131, Title 23, United States Code and regulations promulgated under that section and to prevent interruption of the state's federally-aided highway funding, the South Carolina Department of Highways and Public Transportation shall confer with the Federal Highway Administration as to how best to structure a nonconforming sign removal program.
The department shall submit to the Federal Highway Administration in a timely fashion its process, program, and timetable for removal of nonconforming signs under Section 131, Title 23, United States Code and regulations promulgated under that section.
In developing and implementing this removal program the department shall consult with interested parties and affected entities including, but not limited to, other state and local agencies, sign owners, environmental groups, and the business community./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4233 -- Reps. McGinnis, Neilson and Baxley: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE REQUIREMENTS PERTAINING TO REIMBURSEMENT FOR MILEAGE, INSURANCE BENEFITS, AND PER DIEM.
Reps. GONZALES, HOLT and J. BAILEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2859.AC), which was adopted.
Amend the bill, as and if amended, Section 6-11-91, page 2, beginning on line 14, by deleting /insurance benefits shall not exceed those provided for state employees,/ and inserting /insurance benefits shall not exceed those provided for state employees/.
Renumber sections to conform.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5573.AC), which was adopted.
Amend the bill, as and if amended, Section 6-11-91, page 1, beginning on line 36, by deleting /per diem shall not exceed thirty-five dollars a day/ and inserting /per diem shall not exceed thirty-five dollars a day such per diem as may be determined by the governing body of the public service district or special purpose district/.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, Harrison, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.
The Senate amendments were agreed to, and the Bill having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.
Rep. WILKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19312.SD), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. WILKINS continued speaking.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill, were taken up for consideration.
H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.
The Senate amendments were agreed to, and the Bill having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill, were taken up for consideration.
H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.
The Senate amendments were agreed to, and the Bill having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up.
H. 4854 -- Reps. L. Martin, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA TO BRING AN APPROPRIATE LEGAL ACTION IN FEDERAL COURT TO HAVE THE PROVISIONS OF THE FEDERAL HIGHWAY BEAUTIFICATION ACT WHICH REQUIRE NONCONFORMING OUTDOOR ADVERTISING SIGNS TO BE REMOVED DECLARED UNCONSTITUTIONAL.
Whereas, under the federal Highway Beautification Act which was passed in 1965, outdoor advertising signs which were lawfully erected but do not conform to the requirements of the Highway Beautification Act are required to be removed to the extent that federal funds are made available to participate in paying the costs of compensation to the sign owner; and
Whereas, in 1991, the Congress enacted the Intermodal Surface Transportation Efficiency Act which provides funding for the federal share of the compensation for the acquisition of these nonconforming signs and as a result South Carolina and the other states are now required to purchase nonconforming signs to comply with the Highway Beautification Act of 1965 or risk the loss of certain federal highway funds; and
Whereas, it is estimated that nationwide there are approximately 92,000 nonconforming signs which must be removed and most of these signs have been in place since 1965; and
Whereas, under the United States Constitution, no person may be deprived of his private property without just compensation and without due process of law; and
Whereas, the manner in which compensation to the owners of these signs which must be removed shall be paid under the federal law raises the question of whether or not this will be full and complete compensation for their loss. For example, it appears that the sign owners may not receive any compensation for the lost profits they will incur because of a decrease in the amount of business they will do because of a lack of these signs; and
Whereas, there is also authority under federal case law that unreasonable and lengthy delays in some cases deprive a citizen of his right to due process of law and to delay enforcing these provisions of the Highway Beautification Act for almost thirty years certainly raises the question of whether or not an owner of a sign now required to be removed, which he has been allowed to use for almost thirty years, has received due process of law; and
Whereas, the members of the General Assembly, by this resolution, request the Attorney General of South Carolina to challenge in federal court the constitutionality of these provisions of the federal Highway Beautification Act and the Intermodal Surface Transportation Efficiency Act on the above grounds and for the above reasons. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the Attorney General of South Carolina to bring an appropriate legal action in federal court to have the provisions of the federal Highway Beautification Act which require nonconforming outdoor advertising signs to be removed declared unconstitutional.
Be it further resolved that a copy of this resolution be forwarded to the Attorney General of South Carolina.
Rep. L. MARTIN explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4746 -- Reps. Rhoad, Koon, Nettles, Neilson, Baxley, Jennings, Boan, Farr, Waldrop, M. Martin and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA FORESTRY COMMISSION TO ESTABLISH A FIELD TRIAL AREA IN CHESTERFIELD COUNTY ON SAND HILLS STATE FOREST.
Whereas, the South Carolina Forestry Commission is considering the establishment of a field trial area enclosing six thousand to ten thousand acres with an eight foot wire fence to be used primarily for fox hunting and possibly for meeting, show, and support facilities; and
Whereas, the commission recognizes the uniqueness of a special use area of this magnitude and understands there would be biological, social, and economic impacts; and
Whereas, as always, the commission serves the best interests of all the state's citizens and continues to recognize its role in the stewardship of our state forests; and
Whereas, the commission is soliciting comments on this proposal from the public, hunting organizations, local businesses, and legislators; and
Whereas, the members of the General Assembly desire to inform the commission of their support of the proposal as it would have a positive impact on the surrounding area. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Forestry Commission to establish a field trial area in Chesterfield County on Sand Hills State Forest.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Forestry Commission.
The Concurrent Resolution, was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1529 -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF PARKS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO GIVE SPECIAL CONSIDERATION TO THE FORMER SOUTH CAROLINA TOWN OF DUNBARTON AND ALLOW THEM TO USE THE MAIN COMMUNITY BUILDING AT BARNWELL STATE PARK THE FIRST SUNDAY IN MAY EACH YEAR TO CELEBRATE ITS REUNION WHICH HAS BEEN HELD AT THAT LOCATION FOR THE LAST FORTY YEARS.
Whereas, the Dunbarton community was established well before the Civil War. The town of Dunbarton was incorporated in 1910; and
Whereas, in 1953, Dunbarton had its first reunion paid for out of the Dunbarton Fund; and
Whereas, after a few years attendance increased including the entire community instead of just the town residents; and
Whereas, with the exception of one reunion, thirty-eight reunions have been held in Dunbarton's usual place, Barnwell State Park. One reunion was held at the National Guard Armory in Barnwell due to bad weather; and
Whereas, the town of Dunbarton was totally displaced when the Savannah River Plant took over one-third of Barnwell County, approximately three hundred square miles. Families were uprooted to accommodate the Savannah River Plant, but the reunion held each year at Barnwell State Park brings the families back together; and
Whereas, the General Assembly feels strongly that the Division of Parks of the South Carolina Department of Parks, Recreation and Tourism should uphold the tradition of this reunion and allow the former town of Dunbarton to continue their gathering at the main community building at the Barnwell State Park. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the member of the General Assembly request the Division of Parks of the South Carolina Department of Parks, Recreation and Tourism to give special consideration to the former South Carolina town of Dunbarton and allow them to use the main community building at Barnwell State Park the first Sunday in May each year to celebrate its reunion which has been held at that location for the last forty years.
Be it further resolved that a copy of this resolution be forwarded to the Director of the Division of Parks of the South Carolina Department of Parks, Recreation and Tourism.
Rep. SHARPE explained the Concurrent Resolution.
The Concurrent Resolution, was adopted and ordered returned to the Senate.
Rep. ANDERSON moved that the House do now adjourn.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baker Beatty Brown, J. Bruce Byrd Cooper Fair Felder Foster Harris, P. Harwell Inabinett Kennedy Keyserling Kinon Lanford Littlejohn Martin, D. Mattos McGinnis McKay Scott Taylor Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Bennett Brown, H. Burch, K. Carnell Cato Chamblee Cobb-Hunter Council Cromer Delleney Elliott, D. Farr Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Johnson, J.C. Keegan Kempe Kirsh Klapman Koon Manly Marchbanks Martin, L. McAbee McCraw McElveen McLeod Meacham Neilson Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waites Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\N05\8621.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 38-77-282. A refusal to write or renew physical damage coverage based in whole or in part on race, sex, religion, national origin, economic status, residence, or lawful occupation is unlawful. An insurer or agent who refuses to write or renew or cancels physical damage coverage shall provide the reasons for the action in writing."
SECTION 2. The 1976 Code is amended by adding:
"Section 38-77-284. (A) Not later than ninety days after the effective date of this section, insurers of automobile insurance shall file with the commissioner revised rates for private passenger automobile physical damage insurance coverages written by them. Each insurer shall file a:
(1) 'preferred' rate by driver classification and territory which is a rate less than the 'standard' rate;
(2) 'standard' rate which must be the approved base rate as defined in Section 38-73-457 by driver classification and territory in effect July 1, 1992;
(3) 'substandard' rate by driver classification and territory which is a rate more than the 'standard' rate.
(B) The commissioner shall approve the rates filed pursuant to subsection (A) if they meet the requirements, and these rates become effective for all policies of automobile insurance issued or renewed with effective dates after September 30, 1992.
(C) Insurers of automobile insurance may place an automobile risk at any of the three rate levels for physical damage coverages without restriction. However, the Uniform Merit Rating Plan continues to apply to all risks written by them.
(D) An insurer or agent shall provide written notice to the insured of the tier at which physical damage coverage is being written for the insured and the reasons the insured was written in that particular tier."
SECTION 3. Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.
Collision coverage must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760(e).
(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.
(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass. Notwithstanding Sections 38-77-110 and 38-77-920, after September 30, 1992, automobile insurers may refuse to write or renew private passenger automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage for an applicant or existing policyholder. After September 30, 1992, no private passenger automobile physical damage insurance coverage may be ceded to the facility."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 15, which was proposed on Wednesday, May 6, by Rep. J. BAILEY.
Rep. J. BAILEY moved to table the amendment, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\BBM\10003.JM), which was ruled out of order.
Amend the bill, as and if amended, by adding at the end:
/SECTION __. Notwithstanding any other provision of law, in every lawsuit or civil action arising out of a motor vehicle accident or collision, if the party is the losing party in the suit or action, he must pay all court costs and a reasonable attorney's fee of the prevailing party; provided, however, that, the court may order a reduction in the court costs and attorney's fee that such person must pay in accordance with that person's financial condition and ability to pay and, to this end, the court shall enter a judgment against the person not to exceed three years in duration. Under no circumstances or conditions shall the attorney for the losing party receive any fee or remuneration until all of the court costs and other attorney's fees have been paid.
For the purposes of this section, a plaintiff shall be deemed a "losing party" if he fails to recover any damages in the suit or action.
For the purposes of this section, a defendant and his insurer shall be deemed a "losing party" if he is ordered to pay any damages in the suit or action./
Renumber SECTIONS to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. T.C. ALEXANDER raised the Point of Order that Amendment No. 16 was out of order as it was not germane in that the Amendment dealt with a subject different than the subject to write.
Rep. McLEOD argued contra the Point in stating that it dealt with payments connected to the entire Bill.
The SPEAKER Pro Tempore stated that the Amendment was not germane and he sustained the Point of Order and ruled the Amendment out of order.
Further proceedings were interrupted by a Conference Report update on the Appropriations Bill and a request for Free Conference Powers, the pending question being consideration of amendments.
Reps. BOAN and ROGERS gave a Conference Report update on the General Appropriations Bill.
Rep. L. MARTIN raised the question of a quorum.
A quorum was later present.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Rep. McELVEEN spoke against granting Free Conference Powers.
Rep. HASKINS spoke in favor of granting Free Conference Powers.
The yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Bailey, G. Baker Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Chamblee Cooper Council Cromer Delleney Elliott, D. Fair Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jennings Johnson, J.C. Kennedy Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McLeod McTeer Phillips Quinn Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Waldrop Wells Whipper White Wilder Wilkins Williams, J. Wofford Wright
Those who voted in the negative are:
Bailey, J. Barber Beatty Cato Clyborne Corbett Fulmer Gonzales Hallman Jaskwhich Keegan Kempe McElveen Meacham Rama Vaughn Waites Wilkes Young, A. Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, McABEE and ROGERS, to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. BOAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4894 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS FOURTH CONSECUTIVE NATIONAL SHOOTING CROWN BY WINNING THE SCHOLASTIC CATEGORY OF THE 1992 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS.
H. 4896 -- Reps. Scott, J. Brown, Byrd, Taylor, Harrison, Shissias, Rogers and Cromer: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF RHONDA MINNETTE JACKSON MCDOWELL OF COLUMBIA.
H. 4905 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING BAMBERG-EHRHARDT HIGH SCHOOL ON WINNING THE 1992 CLASS AA BASEBALL STATE CHAMPIONSHIP.
H. 4906 -- Reps. P. Harris, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: : A CONCURRENT RESOLUTION RECOGNIZING MR. HOYT B. HILL, JR., IN MAKING THE RICHARD M. CAMPBELL VETERANS NURSING HOME A REALITY AND ACKNOWLEDGING THAT THE MAIN COURTYARD OF THE HOME WAS DEDICATED IN HIS MEMORY.
H. 4907 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. MARION W. MCLESTER OF SUMTER COUNTY FOR HER MORE THAN SIXTY-FIVE YEARS OF WORKING TO IMPROVE THE RAFTING CREEK COMMUNITY OF SUMTER COUNTY.
H. 4908 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING PORTIA CUTTINO MYERS OF SUMTER COUNTY, KNOWN FOR HER TIRELESS DEDICATION TO HISTORY, FOR SERVING THE CITIZENS OF HER COUNTY THROUGH HER INTERESTING AND ENLIGHTENING WEEKLY COLUMNS IN THE SUMTER ITEM.
H. 4909 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING SYLVIA A. LONEY OF SUMTER COUNTY FOR HER TIRELESS EFFORTS TO HELP THE LESS FORTUNATE AND IMPROVE HER COMMUNITY.
At 5:40 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Mrs. Rhonda McDowell, to meet at 10:00 A.M. tomorrow.
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