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:
Make us ever grateful, our Father God, for the many blessings that come from Your benevolent hand, never lamenting about the things we have not but rejoicing for the things we have. Teach us to know that God will never guide where He does not provide. Make us to see that while everyone makes mistakes that only the foolish practice them. Help us to understand others better that we may view their shortcomings with charity, their virtues with appreciation, and their kindnesses to us with gratitude.
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 yesterday, the SPEAKER ordered it confirmed.
Rep. ALTMAN moved that when the House adjourns it adjourn in memory of Mrs. Ruby Forsythe, which was agreed to.
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 has appointed Senators Drummond, J. Verne Smith and Setzler of the Committee of Free Conference on the part of the Senate on H. 3044:
H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.
Very respectfully,
President
No. 395
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. 283:
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.
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. 810:
S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
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 H. 4258:
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.
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 H. 4233:
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.
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 H. 4127:
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.
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. 1394:
S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
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. 1378:
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
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. 1362:
S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.
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. 884:
S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.
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. 142:
S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 2, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1398:
S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
Very respectfully,
President
On motion of Rep. T.C. ALEXANDER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. T.C. ALEXANDER, L. MARTIN and WHIPPER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 2, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 4093, and requests that proper notation be recorded on the Bill.
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.
Very respectfully,
President
No. 077
A message having been received from the Senate that it had receded from its Amendments, it was ordered that the Title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
June 2, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4799, R-496, an Act:
TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.
This veto is based upon an opinion of the Attorney General's Office dated June 1, 1992. The opinion states:
It has been, and continues to be, the opinion of this Office that sections one through six and eight through ten of this act are most probably unconstitutional...
The political subdivisions, agencies or commissions listed in sections one through six, eight, and nine are located wholly within Charleston County. Thus, H. 4799, R-496 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4799, R-496 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7 ...
Historically, bills identical to the present H. 4799, R-496 were vetoed in 1990 (H. 5059, R-622) and 1991 (H. 3959, R-128) based on an Attorney General's opinion dated May 30, 1990.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Fulmer Gonzales Hallman Holt Inabinett Martin, D. Rama Young, R.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
June 2, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4790, R-495, an Act:
TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
This Bill would greatly increase the chances that a person would unknowingly have a refund due them from the Tax Commission reduced or offset because of a delinquent debt. To allow an agency to collect debts owed in the relatively few instances they are delinquent by merely notifying the debtor by regular mail to the debtor's last known address does not afford persons the protection and due process the laws of this state are intended to provide. The potential prejudice to the debtor far outweighs the benefits and cost savings that the collecting agency gains.
Therefore, for the foregoing reasons, I am vetoing H. 4790, R-495.
Sincerely,
Carroll A. Campbell, Jr.
Governor
Rep. KLAPMAN moved to adjourn debate upon the Veto, which was adopted.
June 2, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3425, R-483, an Act:
TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT, WHICH DOES NOT EXCEED NINETY DAYS, AND WHO IS INCARCERATED IN A COUNTY PRISON OR JAIL MAY BE RELEASED TO THE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM, TO PROHIBIT SUCH RELEASE FOR A PERSON WHO HAS COMMITTED A VIOLENT CRIME OR IS DETERMINED TO BE A VIOLENT OFFENDER UNDER GUIDELINES ESTABLISHED BY THE STATE BOARD OF CORRECTIONS, PROVIDE THAT A PRISONER MAY BE ORDERED RELEASED FROM A COUNTY PRISON OR JAIL TO THE SOLE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM UNDER CERTAIN SPECIFIED CONDITIONS, AUTHORIZE A PRISONER REHABILITATION PROGRAM TO RETURN A PRISONER RELEASED TO IT UNDER THIS ACT TO THE CUSTODY OF THE COUNTY PRISON OR JAIL UNDER CERTAIN SPECIFIED CONDITIONS, PROVIDE THAT IF A PRISONER IS RETURNED BY THE PROGRAM TO THE CUSTODY OF THE COUNTY PRISON OR JAIL, THE PRISONER MAY NOT BE RELEASED TO THE PROGRAM AGAIN WITHOUT A COURT ORDER PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT WHEN A PRISONER SUCCESSFULLY COMPLETES THE REHABILITATION PROGRAM IN THE OPINION OF THE DIRECTOR OF THE PROGRAM, THE PRISONER MAY APPLY TO THE COURT IN THE COUNTY IN WHICH HE WAS SENTENCED FOR A REDUCTION OF HIS SENTENCE OR FOR RELEASE FROM THE COUNTY PRISON OR JAIL INTO SOCIETY AT LARGE, SUBJECT TO ANY TERMS OR CONDITIONS THE COURT, IN ITS DISCRETION, MAY IMPOSE UPON THE PRISONER.
My veto of this legislation is based on my concern that this Bill provides for no defined criteria for the programs created nor are there any standards for qualifications for those individuals who would run these programs. Ambiguities exist in determining who would be eligible for such rehabilitation and the costs that may be involved in such programs. I am very concerned that this Bill would release offenders from county jails to individuals who do not have the experience or training needed to conduct a meaningful rehabilitative program. I am not convinced that this legislation can do anything more than duplicate existing programs, like the Pretrial Intervention Programs. I believe that this legislation creates programs that lack the oversight necessary to insure our justice system is rehabilitating offenders. It is for these reasons that I feel that H. 3425, R-483 is not appropriate for my signature and should not become law in this State.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Rep. BAXLEY explained the Veto.
Rep. WOFFORD spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Barber Baxley Beatty Bennett Boan Brown, J. Byrd Canty Carnell Cobb-Hunter Cromer Delleney Farr Harrelson Harwell Holt Houck Inabinett Jennings Johnson, J.C. Kempe Kennedy Keyserling Manly Martin, D. Martin, M. Mattos McCraw McTeer Neilson Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Snow Taylor Waites Waldrop Whipper Wilder Wilkes
Those who voted in the negative are:
Beasley Brown, H. Bruce Cato Chamblee Cooper Corbett Council Fair Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Huff Hyatt Keegan Klapman Littlejohn Marchbanks Martin, L. McGinnis Meacham Rama Riser Shissias Smith Stoddard Stone Sturkie Tucker Wells Wilkins Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
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. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.
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. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.
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:
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
The 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. WHIPPER, from the Charleston Delegation, submitted a favorable report, on:
S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
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. PHILLIPS moved to waive Rule 5.12, which was agreed to by a division vote of 74 to 0.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was taken up for immediate consideration.
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. KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2879.AC), which was adopted.
Amend the bill, as and if amended, Section 56-3-4910, by deleting that portion of subsection (B) before the enumerated items and inserting:
/(B) The fees collected pursuant to this section must be deposited in a separate fund for the south Carolina Fire Academy. The fund must be administered by the Budget and Control Board Division of State Fire Marshal and must be used only to train in-state public firefighters, paid and volunteer, to comply with state and federal mandated training standards. Funds collected must be deposited with the State Treasurer. The distribution of the funds is based on the total number of special license plates sold as follows:/.
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 2, which was tabled.
To add retired legislator in good standing may purchase a special license plate for a reasonable fee.
Rep. RUDNICK explained the amendment.
Rep. PHILLIPS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was tabled by a division vote of 46 to 32.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 4913 -- Reps. Baxley, M. Alexander, T. Alexander, Baker, Bennett, Cato, Chamblee, Cooper, Cromer, D. Elliott, Hendricks, Jaskwhich, Jennings, J.C. Johnson, Marchbanks, Mattos, Riser, Rogers, Ross, Snow, Townsend, Tucker, Wilkins and Wright: A HOUSE RESOLUTION TO COMMEND DR. EDWIN M. COULTER, PROFESSOR EMERITUS OF POLITICAL SCIENCE AT CLEMSON UNIVERSITY, FOR HIS DISTINGUISHED CAREER AND HIS DEDICATED SERVICE TO HIS MANY STUDENTS AND TO WISH HIM WELL IN HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4914 -- Rep. Wilkes: A HOUSE RESOLUTION COMMENDING THE FAIRFIELD COUNTY EMERGENCY MEDICAL SERVICE, THE FAIRFIELD COUNTY RESCUE SQUAD, THE FAIRFIELD COUNTY VOLUNTEER FIRE DEPARTMENTS, THE FAIRFIELD COUNTY WILDLIFE DEPARTMENT, SOUTH CAROLINA STATE TROOPERS, THE SOUTH CAROLINA STATE LAW ENFORCEMENT DIVISION, THE FAIRFIELD COUNTY SHERIFF'S DEPARTMENT, THE GREAT FALLS RESCUE SQUAD, AND THE FAIRFIELD COUNTY EMERGENCY PREPAREDNESS OFFICE FOR THEIR COMBINED HEROIC EFFORTS IN RESCUING THE THREE MEDICAL WORKERS WHOSE RESCUE HELICOPTER CRASHED ON MAY 29, 1992, IN FAIRFIELD COUNTY.
The Resolution was adopted.
The following was introduced:
H. 4915 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF PERCY OSTEEN, JR., OF ANDERSON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4916 -- Reps. Chamblee, Cooper, P. Harris, Townsend, Tucker and Shirley: A CONCURRENT RESOLUTION TO EXPRESS BEST WISHES TO BETTY M. SMITH, ANDERSON COUNTY TREASURER, UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4917 -- Reps. J. Brown, Glover, White, Anderson, Beatty, Bryd, Canty, Foster, Inabinett, Kennedy, Scott, Taylor, Whipper, D. Williams and Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, DANIEL E. MARTIN, SR., OF CHARLESTON COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE LEGISLATIVE BLACK CAUCUS AND TO WISH HIM THE BEST IN HIS NEW POSITION AS A CIRCUIT JUDGE.
Whereas, our good friend and distinguished colleague, Daniel E. Martin, Sr., of Charleston County, has decided not to seek re-election from House District 111 in Charleston County; and
Whereas, Representative Martin was recently elected to serve as a circuit court judge; and
Whereas, he has served with great distinction in the General Assembly since being elected to the House in 1984; and
Whereas, presently serving as second Vice-Chairman of the House Judiciary Committee, Mr. Martin has been a strong leader in guiding the committee on complicated issues and in difficult times; and
Whereas, as an outstanding member of the Bar, he has been an invaluable asset to the Legislative Black Caucus in advising its membership on many issues; and
Whereas, through his wise counsel, he has been an active voice for African-American citizens in his district and throughout the State; and
Whereas, he has contributed unselfishly of his time and talents by serving as a member of numerous associations and commissions; and
Whereas, this hard-working and diligent member of the General Assembly will be greatly missed; and
Whereas, his election as a circuit judge will certainly add to the stature of that office by virtue of his outstanding legal knowledge and abilities. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our good friend and colleague, Daniel E. Martin, Sr., of Charleston County, for his outstanding service as a member of the Legislative Black Caucus and wish him the best in his new position as a circuit judge.
Be it further resolved that a copy of this resolution be forwarded to Representative Daniel E. Martin, Sr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4918 -- Reps. J. Brown, Cobb-Hunter, Glover, White, Anderson, Beatty, Byrd, Canty, Inabinett, Kennedy, D. Martin, Scott, Taylor, Whipper and D. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, SAMUEL R. FOSTER OF YORK COUNTY, FOR HIS EXCEPTIONAL SERVICE AS A MEMBER OF THE LEGISLATIVE BLACK CAUCUS AND TO WISH HIM THE VERY BEST IN HIS NEW POSITION ON THE EMPLOYMENT SECURITY COMMISSION.
Whereas, it is with sadness that our colleague, Samuel R. Foster of York County, has decided not to seek re-election from House District 49 in York County; and
Whereas, Representative Foster has been elected to serve on the Employment Security Commission; and
Whereas, he has served with great distinction in the House, currently serving as the Chairman of the House Invitations and Memorial Resolutions Committee; and
Whereas, this hard-working leader has been an active and conscientious voice not only for the State's African-American citizens but for all the people of South Carolina; and
Whereas, his tireless work at the national level has been recognized by his election to serve as second Vice-President of the National Black Caucus of State Legislatures; and
Whereas, his quiet and steady demeanor have led the Legislative Black Caucus through many important and sometimes difficult situations; and
Whereas, Sam Foster has touched all with whom he has come in contact, and his presence will be sorely missed. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our good friend and distinguished colleague, Samuel R. Foster of York County, for his exceptional service as a member of the Legislative Black Caucus and wish him the very best in his new position on the Employment Security Commission.
Be it further resolved that a copy of this resolution be forwarded to Representative Samuel R. Foster.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4919 -- Reps. McAbee and Carnell: A HOUSE RESOLUTION TO COMMEND REPRESENTATIVE JAMES C. JOHNSON FROM GREENWOOD COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES SINCE 1985 AS HIS TENURE IN THE HOUSE COMES TO A CLOSE.
Whereas, the members of the House with deep regret have learned that Representative James C. Johnson from Greenwood has decided not to offer for re-election to the House in 1992; and
Whereas, Jim Johnson has served with distinction as a member of the House since 1985 representing the citizens of District 13 in Greenwood County to the very best of his ability; and
Whereas, Jim Johnson has been a strong voice for better government in South Carolina always putting the interests of his constituents and the general public first whether it be in matters relating to automobile insurance, court reform, or regulatory concerns; and
Whereas, he brought to the House excellent abilities and knowledge gained as a successful attorney and businessman and these experiences served him well as a member of the House; and
Whereas, perhaps his strongest interest has been in education. He contributed much as a member of the House Education and Public Works Committee and also served very effectively as a member of the Lander College Board of Trustees until this year; and
Whereas, the members of the House by this resolution would like to publicly thank him on behalf of the citizens of House District 13, Greenwood County, and the State of South Carolina for all that he has done as a public servant upon the occasion of his retirement from the House. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House hereby commend Representative James C. Johnson from Greenwood County for his distinguished service as a member of the South Carolina House of Representatives since 1985 as his tenure in the House comes to a close.
Be it further resolved that a copy of this resolution be presented to Representative James C. Johnson.
The Resolution was adopted.
The following was introduced:
H. 4920 -- Reps. Sheheen, Boan, Wilkins, Hodges, McElveen, M. Martin, Jennings, Glover, Harwell, Houck, McKay and J. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, LeROY E. "TOY" NETTLES, JR., OF FLORENCE COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS FUTURE ENDEAVORS.
Whereas, our good friend and distinguished colleague, LeRoy E. "Toy" Nettles, Jr., of Florence County, has decided not to seek re-election from House District 61 in Florence County; and
Whereas, he has served with great distinction in the General Assembly since being elected to the House in 1983; and
Whereas, he is presently serving as Vice-Chairman of the Invitations and Memorial Resolutions Committee and is a member of the House Judiciary Committee; and
Whereas, Mr. Nettles, also known as "Low Man", has been a quiet and guiding force in the affairs of the General Assembly for the past nine years; and
Whereas, this Representative is known for his affinity for fast cars and his inability to stay seated during the legislative session; and
Whereas, he has proclaimed himself the "most eligible single man in the General Assembly"; and
Whereas, his good natured smile and quiet demeanor will create a void that will not easily be forgotten. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our good friend and distinguished colleague, LeRoy E. "Toy" Nettles, Jr., of Florence County, for his outstanding service as a member of the House of Representatives and wish him the best in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative LeRoy E. Nettles, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4921 -- Reps. Sheheen, Boan, Wilkins, Waldrop, Hodges, McElveen, M. Martin, Jennings, Nettles and J. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, LARRY E. GENTRY OF SALUDA COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS FUTURE ENDEAVORS.
Whereas, our good friend and distinguished colleague, Larry E. Gentry of Saluda County, has decided not to seek re-election from House District 39 representing Saluda, Newberry, and Aiken Counties; and
Whereas, this fine gentleman has served with great distinction in the General Assembly since being elected to the House in 1979; and
Whereas, presently serving as First Vice-Chairman of the House Judiciary Committee, serving on the Rules Committee, and serving on the Joint Judicial Screening Committee, he has been a calming force during the discussion of difficult matters; and
Whereas, the "Prince of Poultry", as he is known by his friends, has always had a positive attitude and diligent work ethic when it came to representing his constituents; and
Whereas, Representative Gentry, also known as "the wealthiest man in the General Assembly", cannot only judge his wealth by material things but by the many friends he will leave behind when he vacates these hallowed halls; and
Whereas, while Representative Gentry is known for promoting the special interest of banking and the Trial Bar, his presence will be sorely missed by many. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our good friend and distinguished colleague, Larry E. Gentry of Saluda County, for his outstanding service as a member of the House of Representatives and wish him the best in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative Larry E. Gentry.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4922 -- Reps. Harrison, Scott, Shissias, Waites, Cromer, Quinn, J. Brown, Bryd, Taylor, Rogers and Corning: A CONCURRENT RESOLUTION TO EXPRESS THE ENTHUSIASTIC SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE CITY OF COLUMBIA, THE METRO SPORTS COUNCIL OF THE GREATER COLUMBIA CHAMBER OF COMMERCE, AND THE COLUMBIA AA EXPANSION COMMITTEE IN THEIR EFFORTS TO BRING A DOUBLE A PROFESSIONAL BASEBALL FRANCHISE TO COLUMBIA, SOUTH CAROLINA.
Whereas, the State of South Carolina and the City of Columbia have been home to the Columbia Mets Class A professional baseball team since 1983; and
Whereas, thousands of South Carolinians have supported and enjoyed professional baseball in the Capital City; and
Whereas, Capital City Stadium, modernized and enlarged by the City of Columbia in 1991, meets strict standards required by Double A Baseball; and
Whereas, elected officials, business leaders, and Midlands-area sports fans are enthusiastically supporting Columbia's efforts to secure a Double A Franchise; and
Whereas, the current owner of the Columbia Mets has demonstrated the financial ability and management experience needed to operate a Double A club; and
Whereas, South Carolina is already home to two successful members of the Double A Southern League -- the Greenville Braves and the Charlotte Knights. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina enthusiastically supports the City of Columbia, the Metro Sports Council of the Greater Columbia Chamber of Commerce, and the Columbia AA Expansion Committee in their efforts to bring a Double A professional baseball franchise to Columbia, South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Mayor and City Council, City of Columbia; owner, Columbia Mets; Commissioner, Metro Sports Council; Chairman, Columbia Double A Expansion Committee; and Chairman, Professional Baseball Double A Committee.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1593 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. EMILY HOLLEMAN OF OCONEE COUNTY FOR HER THIRTY-THREE YEARS OF FAITHFUL, DEDICATED SERVICE TO OCONEE COUNTY SCHOOLS AND TO WISH HER WELL IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1594 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARJORIE STOKES UPON HER RETIREMENT AFTER TEACHING MORE THAN TWENTY-THREE YEARS IN THE OCONEE COUNTY SCHOOL SYSTEM AND TO WISH HER WELL IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1595 -- Senators Martschink, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING JUNE B. LICATA OF COLUMBIA FOR HER MANY YEARS OF OUTSTANDING SERVICE TO THE STATE, AND EXTENDING BEST WISHES TO HER FOR SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1596 -- Senators Matthews, Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE EARL MATTHEW MIDDLETON OF ORANGEBURG COUNTY FOR HIS DETERMINATION, HARD WORK, AND ENTREPRENEURIAL SKILLS IN BUILDING A SUCCESSFUL REAL ESTATE BUSINESS PLACING HIM IN THE FOREFRONT OF BLACK BUSINESS LEADERS IN THE COUNTRY BY CROSSING RACIAL LINES IN SALES AND HIRING.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1599 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL GIRLS TRACK TEAM FOR WINNING THE 1992 STATE CLASS AA TEAM TRACK AND FIELD CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1600 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LANDER COLLEGE MEN'S TENNIS TEAM FOR WINNING THE 1992 NAIA CHAMPIONSHIP WHICH IS LANDER'S FOURTH NATIONAL MEN'S CHAMPIONSHIP IN EIGHT YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1601 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING MRS. BOBBIE REYNOLDS, LEGISLATIVE COUNCIL SECRETARY, FOR HER DEDICATION AND OUTSTANDING SERVICE TO THE GENERAL ASSEMBLY, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS FOLLOWING HER RETIREMENT FROM STATE SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1602 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING MRS. MARY LOUISE MASON, LEGISLATIVE COUNCIL PROOFREADER, FOR HER EXCELLENT HARD WORK AND LOYALTY TO THE GENERAL ASSEMBLY, AND EXTENDING TO HER WARMEST WISHES FOR HAPPINESS FOLLOWING HER RETIREMENT FROM STATE SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4923 -- Reps. Waites, Rogers, McElveen, Cobb-Hunter, Barber, Keyserling, Manly, Kempe and Hodges: A HOUSE RESOLUTION TO EXPRESS THE OPPOSITION OF THE HOUSE OF REPRESENTATIVES TO THE USE OF THE SAVANNAH RIVER SITE FOR STORAGE OF THE COUNTRY'S INTENSELY RADIOACTIVE NUCLEAR BOMB CORES.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 802 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-59-15, 40-59-75, 40-59-77; 40-59-90, AS AMENDED; 40-59-95; 40-59-100, 40-59-110, 40-59-130, 40-59-140, AND 40-59-160, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL HOME BUILDERS, SO AS TO INCREASE FROM TWO HUNDRED TO ONE THOUSAND DOLLARS THE AMOUNT OF THE UNDERTAKING WHICH SUBJECTS A CONTRACTOR TO THE PROVISIONS OF CHAPTER 59 OF TITLE 40; AND DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIAL CONTRACTOR.
Rep. T.C. ALEXANDER moved to waive Rule 5.12, which was agreed to by a division vote of 10 to 0.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1572 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1591 -- Senators Setzler, Shealy and Wilson: 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. KOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Reps. RUDNICK, SNOW and BEASLEY made statements relative to Rep. LINWOOD ALTMAN's many years of dedicated service to the House and extended best wishes to him upon his retirement.
Rep. PHILLIPS, on behalf of the Education and Public Works Committee, presented Rep. ALTMAN with a plaque recognizing him for his years of dedicated serviced to the Education and Public Works Committee.
Rep. STURKIE made a statement relative to Rep. ALTMAN and presented to him the Order of the Palmetto.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, D. Fair Farr Felder Foster Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Keyserling Kinon Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, June 3.
J. Roland Smith Robert Barber Thomas E. Huff Larry E. Gentry C. Alex Harvin, III Jarvis R. Klapman Kenneth Kennedy Herbert Kirsh John B. Williams Eugene Leroy Nettles, Jr. Rick Quinn
LEAVES OF ABSENCE
The SPEAKER granted Reps. L. ELLIOTT, KIRSH and SMITH a leave of absence.
The following Bill was taken up.
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. BAXLEY and BEASLEY, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3997.AL), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, beginning with the 1992 election and for each election thereafter, a person wishing to become a candidate for a seat on the Board of Education of the Darlington County School District shall submit his name by noon on September first, or, if September first falls on a Sunday or a legal holiday, by noon on the next regular business day, to the authority which is charged by law with conducting the election, along with any other information that that authority considers necessary, on forms to be provided by the authority. That authority shall cause to be published in a newspaper of general circulation in the county two notices of the election, including its date, the deadline for submitting a name as a candidate, and all other appropriate information regarding the election. The first notice must be published not earlier than thirty days before the deadline for submitting a name as a candidate, and the second notice must be published not later than seven days before the deadline for submitting a name as a candidate./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
The following Bill was taken up.
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.
Rep. PHILLIPS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19302.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Notwithstanding any other provision of law, beginning with the 1992 election, the Board of Trustees of Cherokee County School District 1 consists of nine members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the nine defined single-member election districts established in Section 2 of this act. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the nine members elected in 1992, five shall serve for initial terms of four years each and four shall serve for initial terms of two years each, the initial term of each member to be determined by lot at the first meeting of the board following the 1992 election. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
Except for those present members of the board who shall continue to serve until 1994 as provided by subsection (B), the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
(B) In addition to the nine members of the board elected from single-member election districts as provided for in subsection (A), the present members of the board elected from the school district at large whose terms expire in 1994 shall continue to serve on the board until the 1994 election at which time these at-large seats shall be eliminated. Nothing herein prevents a present member of the board elected from the school district at large from offering as a candidate in 1992 for election from the particular election district in which he resides. If such a present member offers for election and is elected from that district, his term as an at-large member expires upon his taking office in 1992 rather than in 1994. If such a present member offers for election and is not elected from that district, he nevertheless shall continue to serve as an at-large member until 1994 as provided in this subsection.
SECTION 2. The nine defined single-member election districts from which members of the board of trustees of Cherokee County School District 1 must be elected are as follows:
"DISTRICT 1
Area Population
Cherokee County
ASHWORTH 873
BUTLER
Tract 9701.00
Blocks: 257, 258, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 309, 310, 311, 312, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 347, 348 448
EZELLS
Tract 9701.00
Blocks: 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 196, 197, 206, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 259, 261, 263, 264 817
GRASSY POND 1,445
MACEDONIA
Tract 9701.00
Blocks: 301, 302, 331, 332, 335, 336, 337, 338, 339 64
Tract 9702.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413C, 413D, 414, 415B, 416B, 417B, 417C, 418, 419, 420, 421, 422 313
PLEASANT GROVE
Tract 9702.00
Blocks: 206, 207, 208, 209, 210, 211, 212, 213, 221, 222, 223, 224, 225, 276 446
WOODS 402
DISTRICT TOTAL 4,808
DISTRICT 2
Area Population
Cherokee County
ALMA MILL
Tract 9703.00
Blocks: 418, 420B, 423, 432, 433 160
GAFFNEY WARD 2
Tract 9703.00
Blocks: 201, 202, 203A, 203B, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 226, 227, 301, 302, 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 340, 341, 342, 349, 350, 351, 352, 353, 419A, 419B, 420A, 420C, 421, 422, 434B 2,001
GAFFNEY WARD 4
Tract 9702.00
Blocks: 413A, 417A, 602A, 602B, 602C, 608, 708, 709, 721, 722, 731 511
Tract 9703.00
Blocks: 110A, 110B, 111A, 112A, 113A, 113B, 116A, 125A, 125B, 133A, 134, 135, 138 215
GAFFNEY WARD 6
Tract 9702.00
Blocks: 606A, 607, 633A, 634 158
LIMESTONE
Tract 9703.00
Blocks: 424, 427, 428, 429, 430, 431, 434A, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444 574
MACEDONIA
Tract 9703.00
Blocks: 101, 102, 103C, 104B, 106B, 107B, 110C, 111B, 112B 192
MUSGROVE MILL
Tract 9702.00
Blocks: 606B, 633B 0
Tract 9703.00
Blocks: 133B 0
PLEASANT MEADOWS
Tract 9702.00
Blocks: 413B, 415A, 416A 3
Tract 9703.00
Blocks: 103A, 103B, 104A, 105, 106A, 107A, 108, 109, 127, 128, 129, 130, 131, 132, 204, 205, 206, 207, 208, 209, 214, 215, 224 830
DISTRICT TOTAL 4,644
DISTRICT 3
Area Population
Cherokee County
ANTIOCH 693
BLACKSBURG WARD 1
Tract 9704.00
Blocks: 401, 402, 403, 404A, 404B, 405, 406, 407, 408A, 408B, 409, 410, 411A, 411B, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 424C, 425A, 425B, 426A, 426B, 427A, 427B, 428, 429, 430A, 430B, 431, 433, 436A, 436B, 740, 741, 742, 744, 745, 746, 748, 749, 750, 751, 752, 753 778
BLACKSBURG WARD 2 452
BLACKSBURG WARD 3 797
BUFFALO
Tract 9704.00
Blocks: 104, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 123, 124, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 197, 258, 269, 270, 271, 272 822
HOLLY GROVE 622
KINGS CREEK 610
DISTRICT TOTAL 4,774
DISTRICT 4
Area Population
Cherokee County
ALMA MILL
Tract 9705.00
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 620, 624, 625, 626, 627, 628, 629, 684, 685 163
BLACKSBURG WARD 1
Tract 9704.00
Blocks: 432, 434, 435, 601, 602, 603, 604, 611, 612, 613, 614, 615, 616, 747 163
BLACKSBURG WARD 4 1,193
CHEROKEE FALLS 890
DRAYTONVILLE
Tract 9705.00
Blocks: 404, 612B, 618, 619, 621, 622, 623, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 717, 751, 752, 753, 754, 755, 756, 757, 770, 771, 772, 773, 774, 775, 796 1,252
Tract 9706.00
Blocks: 501, 607, 608, 609, 610, 611, 612, 613, 614, 615 172
METCALF 535
NINETY NINE 462
DISTRICT TOTAL 4,830
DISTRICT 5
Area Population
Cherokee County
CENTRAL
Tract 9702.00
Blocks: 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775 262
Tract 9706.00
Blocks: 103, 104, 105, 106, 107, 108, 109, 125, 126, 127, 128, 129, 130 255
GAFFNEY WARD 1
Tract 9705.00
Blocks: 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 112 286
GAFFNEY WARD 2
Tract 9703.00
Blocks: 307, 308, 309, 310, 333, 334, 335, 336, 337, 338, 339, 343, 344, 345, 346, 347, 348 229
GAFFNEY WARD 3
Tract 9702.00
Blocks: 714, 715, 716, 743, 744, 752, 753 9
GAFFNEY WARD 4
Tract 9702.00
Blocks: 603, 604, 605, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 701, 702, 703, 704, 705, 706, 707, 710, 711, 712, 713, 717, 718, 719, 720, 723, 724, 725, 726, 727, 728, 729, 730, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763 544
Tract 9706.00
Blocks: 101, 102, 113, 114 31
GAFFNEY WARD 5
Tract 9706.00
Blocks: 110, 111, 112, 116, 117, 118, 119, 120, 121, 122, 123, 124, 132, 133, 134, 135, 136, 137, 138, 139, 158, 159 470
GAFFNEY WARD 6
Tract 9702.00
Blocks: 501A, 541, 542, 543, 544, 545, 546, 547, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 409
Tract 9706.00
Blocks: 115, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 301A, 301B, 302A, 303A, 309A, 310, 311, 312, 313, 315, 316, 317, 319, 320, 321, 322A, 328, 329A, 330, 331, 332, 333, 334, 335, 336A, 337A, 405A, 409A, 410, 411A, 411B, 412, 413A, 413B, 414A, 458A, 458B, 458C, 459A 1,479
MUSGROVE MILL
Tract 9702.00
Blocks: 501B, 502, 528, 529, 530, 531, 532, 533, 534, 535, 536, 538 117
Tract 9706.00
Blocks: 301C, 302B, 303B, 304, 305, 306, 307, 308, 309B, 314, 318, 322B, 323, 324, 329B, 336B, 337B, 338, 339, 340, 341, 402C, 403B, 404B, 405B, 406, 411C, 414B, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 458D, 459B, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478 994
PLEASANT MEADOWS
Tract 9702.00
Blocks: 601 0
Tract 9703.00
Blocks: 223, 225 308
DISTRICT TOTAL 5,393
DISTRICT 6
Area Population
Cherokee County
ALMA MILL
Tract 9703.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 601, 602, 603, 604, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747 1,411
Tract 9705.00
Blocks: 501, 502, 503, 504, 505, 545, 548, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 611, 612A, 613, 614, 615, 616 345
GAFFNEY WARD 1
Tract 9705.00
Blocks: 107B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 201B, 202, 203B, 204, 205, 206, 207, 208, 209, 210, 218, 219, 301, 515B, 522B, 523B, 527B, 528B, 535B, 674A 875
LIMESTONE
Tract 9703.00
Blocks: 425, 426, 445, 446, 447, 448, 449, 450, 451, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 605, 606 796
Tract 9705.00
Blocks: 107A, 127A, 201A, 203A, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 516, 517, 518, 519, 520, 521, 522A, 523A, 524, 525, 526, 527A, 528A, 529, 530, 531, 532, 533, 534, 535A, 536, 537, 538, 539, 540, 541, 542, 543, 544, 546, 547, 549 605
PLEASANT GROVE
Tract 9702.00
Blocks: 220, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275 810
DISTRICT TOTAL 4,842
DISTRICT 7
Area Population
Cherokee County
BROWNS MILL 395
GAFFNEY WARD 4
Tract 9703.00
Blocks: 115A, 117, 118, 119, 120A, 123A, 124, 126, 136, 137, 139, 140, 141 660
GOUCHER 646
MACEDONIA
Tract 9701.00
Blocks: 303, 304, 305, 306, 307, 308, 324, 325, 326, 327, 328, 329, 330, 333, 334, 340, 341, 342, 343, 344, 345, 346, 349, 401, 402, 403, 404A, 405, 408, 411, 420, 421, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 437, 438, 439, 440 705
Tract 9703.00
Blocks: 115B 0
MUSGROVE MILL
Tract 9702.00
Blocks: 423, 424, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 537, 539, 540 572
Tract 9703.00
Blocks: 112C, 113C, 114, 115C, 115D, 116B, 120B, 121, 122, 123B 173
RAVENA 325
THICKETTY 484
WHITE PLAINS 834
DISTRICT TOTAL 4,794
DISTRICT 8
Area Population
Cherokee County
ALMA MILL
Tract 9705.00
Blocks: 304B, 307B, 318B, 617B, 673, 674B, 675, 676, 677, 681, 682A, 682B, 682C, 683 624
CENTRAL
Tract 9706.00
Blocks: 131, 201, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223A, 224, 225, 226, 227, 401A 634
DRAYTONVILLE
Tract 9705.00
Blocks: 403B, 405B, 405C, 406, 434, 641, 642, 643, 649, 650 540
GAFFNEY WARD 1
Tract 9705.00
Blocks: 211, 212, 213, 214, 215, 216, 217, 220, 221, 222, 223, 304A, 306 583
GAFFNEY WARD 3
Tract 9702.00
Blocks: 745, 746, 747, 748, 749, 750, 751 145
Tract 9705.00
Blocks: 224, 302, 303, 305, 307A, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 401, 402, 403A, 405A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 435, 436, 437, 617A, 678, 679, 680 1,751
GAFFNEY WARD 5
Tract 9706.00
Blocks: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 222 277
GAFFNEY WARD 6
Tract 9706.00
Blocks: 325, 326, 327, 402A, 403A, 404A 33
MUSGROVE MILL
Tract 9706.00
Blocks: 223B, 401B, 402B, 407 135
DISTRICT TOTAL 4,722
DISTRICT 9
Area Population
Cherokee County
ALLENS 1,565
DRAYTONVILLE
Tract 9705.00
Blocks: 644, 645, 646, 647, 648, 671, 672, 761, 763, 764, 765, 766, 767, 768, 769 480
LITTLEJOHNS 250
MUSGROVE MILL
Tract 9706.00
Blocks: 408, 409B, 455, 456, 457, 460, 461, 462, 463, 464 402
SARRATTS 205
TIMBER RIDGE 1,077
WILKINSVILLE 389
DISTRICT TOTAL 4,368"
SECTION 3. If a member of the board of trustees of Cherokee County School District 1 beginning with the 1992 election moves his residence from the election district from which he was elected, his office becomes vacant automatically.
SECTION 4. Section 28, Part II of Act 685 of 1967, Act 734 of 1978, and Act 275 of 1989 are repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. G. BAILEY moved to table the Bill, which was agreed to.
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.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
S. 1153 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-77-30(1), RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NON-OWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE.
The following Bill was taken up.
S. 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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, June 2, by the Committee on Judiciary.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2886.AC), which was adopted.
Amend the bill, as and if amended, Section 6-11-435(B), page 2, line 9, by inserting /to which it has not previously provided such service/ after /boundaries/; and on page 2, line, 13, by inserting /without the express authorization of the governing body of such overlapping political subdivision/ after /subdivision/.
Renumber sections to conform.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 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. WRIGHT, QUINN, KLAPMAN, RISER and CLYBORNE objected to the Bill.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10047.AC), which was adopted.
Amend the bill, as and if amended, by striking Sections 6 and 7 in their entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WOFFORD explained the amendment.
Rep. HOLT moved to table the amendment.
Rep. WOFFORD demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 8 to 42.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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. BENNETT, SNOW and ALTMAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3936.BD), which was adopted.
Amend the bill, as and if amended, Section 50-20-50(3), SECTION 1, page 2, line 2, after /passengers./ by inserting /However, the annual fee for the issuance of the permit is forty dollars if the vessel carries only the passengers who hire the vessel./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\8674.BD), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 50-21-133. A no wake zone is established one-quarter of a mile north and one-quarter of a mile west of the state boat ramp at Big Bay Creek at Edisto Island. These boundaries must be marked clearly with signs. The signs must be designated and installed as specified by the South Carolina Wildlife and Marine Resources Department."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The ACTING SPEAKER HUFF granted Reps. ALTMAN and SNOW a leave of absence.
The following Bill was taken up.
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, May 19, by Rep. R. YOUNG.
The amendment was then adopted.
Rep. R. YOUNG proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\12513.DW), which was adopted.
Amend the bill, as and if amended, in Section 27-5-130, as contained in SECTION 1, page 1, by striking subsection (C), lines 32 through 37.
Amend title to conform.
Rep. R. YOUNG explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN spoke against the Bill.
Reps. CROMER and WILKINS spoke in favor of the Bill.
Reps. SHEHEEN, DELLENEY, HARRISON, STODDARD, KENNEDY, RUDNICK, COBB-HUNTER, WHITE, ROSS and RHOAD objected to the Bill.
The following Bill was taken up.
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.
Rep. PHILLIPS moved to table the Bill, which was agreed to.
Rep. FELDER moved that the House recur to the Morning Hour, which was rejected by a division vote of 41 to 41.
Rep. FAIR moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The Senate sent to the House the following:
S. 1604 -- Senators Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION TO COMMEND SENATOR CALDWELL THOMAS "RED" HINSON FOR HIS MANY YEARS OF DEDICATED SERVICE AND TWENTY-ONE YEARS OF PERFECT ATTENDANCE IN THE SOUTH CAROLINA LEGISLATURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
H. 4924 -- Reps. D. Martin, Anderson, D. Williams and J. Brown: A CONCURRENT RESOLUTION REQUESTING THE 44TH QUADRENNIAL SESSION OF THE GENERAL CONFERENCE OF THE AFRICAN METHODIST EPISCOPAL CHURCH MEETING IN JULY IN ORLANDO, FLORIDA, TO FIND THE WAY TO RETURN BISHOP FRED C. JAMES FOR THE PERIOD 1992-1996 TO SERVE AS PRESIDING BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH IN THE STATE OF SOUTH CAROLINA.
Whereas, Bishop Fred C. James is Chairman of the Board of Trustees of Allen University; and
Whereas, Allen University is, today, at a critical stage in the process of accreditation and development; and
Whereas, Allen University is of major significance to this State and region in the area of religious impact, educational expertise, and political leadership; and
Whereas, Bishop Fred C. James has made available Allen University as headquarters for the Statewide Reapportionment Advisory Commission and for the sophisticated equipment necessary to execute the advisory reapportionment mission; and
Whereas, Bishop James, acclaimed by the latest leadership survey as one of the ten most influential leaders of the State of South Carolina, is presently engaged in black/white leadership initiatives which have great consequential promise for all South Carolinians in terms of economic, educational, and political advancement; and
Whereas, Bishop James, the founder and chairman of the South Carolina Coalition of Black Church Leaders, Inc., has entered into an unprecedented contractual relationship with the South Carolina Department of Health and Environmental Control (DHEC) to provide at black church sites in South Carolina services which will enhance the lifestyles and healthstyles of tens of thousands of South Carolinians; and
Whereas, Bishop James, as chairman of the Statewide Reapportionment Advisory Commission, is deeply engaged in the process of creating an electable black congressional district and many additional electable black Senate and House districts in South Carolina; and
Whereas, Bishop James is one of two major parties in the recent South Carolina Reapportionment Circuit Court Ruling Appeal to the United States Supreme Court in pursuit of a black congressional district and additional black House and Senate seats in South Carolina; and
Whereas, Bishop James, as a black member of the corporate board of the National Bank of South Carolina (NBSC) and as chairman of the Community Reinvestment Committee of the National Bank of South Carolina is in the crucial position to enhance the business needs of minority South Carolinians; and
Whereas, Bishop James, the founder and chairman of the Board of Project ADAM, a major anti-drug abuse movement in South Carolina, which has been recognized by the White House and rated nationally, serves on the Governor's Commission on Law Enforcement and Drug Abuse and has in effect a funded program of anti-drug abuse education, motivation, and referral in hundreds of black churches including The Reid Centers of Charleston, South Carolina; and
Whereas, Bishop James, one of the most effective leaders of South Carolina, is today in touch with powerful decision-makers who affect the future of South Carolinians. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly respectfully request the 44th Quadrennial Session of the General Conference of the African Methodist Episcopal Church meeting in July in Orlando, Florida, to find the way to return Bishop Fred C. James for the period 1992-1996 to serve as Presiding Bishop of the African Methodist Episcopal Church in the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Presiding Bishop of the General Conference of the African Methodist Episcopal Church and to Bishop Fred C. James.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4925 -- Rep. Beasley: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE LARRY A. MARTIN, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE HOUSE OF REPRESENTATIVES FROM PICKENS COUNTY, FOR HIS FOURTEEN YEARS OF EXEMPLARY SERVICE AND LEADERSHIP IN THE GENERAL ASSEMBLY.
Whereas, the Honorable Larry A. Martin, our good friend and distinguished colleague in the House of Representatives, has represented the citizens of House District Number 4 since 1978; and
Whereas, Larry has served on the Economic Development Committee of the Southern Legislative Conference; and
Whereas, he was listed in Outstanding Young Men of America for 1979, in Who's Who in American Politics for 1981-1982 and 1983-1984, and in Personalities of the South for 1982-1983; and
Whereas, he has been an outstanding and leading member of the House Labor, Commerce and Industry Committee; and
Whereas, his knowledge, dedication, duty, and hard work have combined to make him a superb representative for his constituents, as well as all South Carolinians; and
Whereas, he has indicated his intention not to seek re-election as a member of the House; and
Whereas, we have cherished Larry Martin's friendship and loyalty during the past fourteen years and want him to know that we feel fortunate to have been able to serve with him in the General Assembly. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Larry A. Martin, our good friend and distinguished colleague in the House of Representatives from Pickens County, for his fourteen years of exemplary service and leadership in the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Larry A. Martin of Pickens County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4926 -- Reps. R. Young, J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, D. Martin and Whipper: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, JOHN C. RAMA OF CHARLESTON COUNTY, FOR HIS EXCEPTIONAL SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST IN HIS FUTURE ENDEAVORS.
Whereas, it is with sadness that our colleague, John C. Rama of Charleston County, has decided not to seek re-election from House District 114 in Charleston County; and
Whereas, he has served with great distinction in the House since 1989 and is currently serving as Third Vice-Chairman of the House Medical, Military, Public and Municipal Affairs Committee; and
Whereas, he has served this body ably as the assistant minority leader. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our good friend and distinguished colleague, John C. Rama of Charleston County, for his exceptional service as a member of the House of Representatives and wish him the very best in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative John C. Rama.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., June 3, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 496, H. 4799 by a vote of 45 to 0.
(R496) H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.
Very respectfully,
President
No. 96
Received as information.
The following Bill was taken up.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Rep. WHITE spoke against the Bill.
Rep. BAKER moved to recommit the Bill.
Rep. McTEER moved to table the motion.
Rep. FELDER 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 Brown, G. Brown, J. Burch, K. Byrd Canty Corbett Corning Cromer Delleney Farr Gonzales Harris, J. Harris, P. Harrison Harwell Hendricks Hodges Holt Hyatt Inabinett Jennings Keegan Kempe Keyserling Kinon Koon Manly Martin, D. Mattos McCraw McElveen McTeer Meacham Neilson Phillips Riser Rudnick Scott Sheheen Shissias Snow Taylor Tucker Waites Wells Whipper Wright
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Beasley Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Gentry Hallman Haskins Jaskwhich Johnson, J.C. Klapman Lanford Littlejohn Marchbanks Martin, L. McGinnis McLeod Rama Ross Shirley Stoddard Stone Townsend Vaughn White Wilkins Wofford Young, A. Young, R.
So, the motion to recommit was tabled.
Rep. FELDER spoke against the Bill.
Rep. BAKER moved that the House do now adjourn.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Beatty Bennett Brown, J. Bruce Cooper Fair Haskins Johnson, J.C. Kennedy Kirsh Lanford Martin, M. McGinnis Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Brown, H. Burch, K. Cato Chamblee Cobb-Hunter Corning Council Delleney Felder Fulmer Gentry Gonzales Harris, J. Harrison Harwell Hendricks Hodges Holt Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Keyserling Kinon Klapman Koon Manly Marchbanks Martin, D. Martin, L. Mattos McCraw McElveen McTeer Meacham Neilson Phillips Rama Riser Ross Rudnick Scott Sheheen Shirley Shissias Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Whipper Wilder Wilkes Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. FELDER continued speaking.
Rep. HASKINS moved to suspend 5.19.
Rep. J. BAILEY moved to table the motion.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beatty Boan Burch, K. Byrd Canty Cobb-Hunter Corning Cromer Delleney Farr Foster Gentry Glover Gonzales Harris, J. Harrison Harwell Hendricks Hodges Holt Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Keyserling Kinon Manly Marchbanks Martin, D. Martin, M. Mattos McCraw McElveen McTeer Meacham Neilson Riser Rogers Rudnick Scott Sheheen Shirley Shissias Snow Stoddard Sturkie Taylor Tucker Waites Waldrop Wells Whipper Wilder Wilkes Williams, D. Wright
Those who voted in the negative are:
Baker Beasley Bennett Bruce Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Hallman Haskins Huff Kennedy Kirsh Klapman Koon Lanford Littlejohn Martin, L. McGinnis Phillips Rama Rhoad Ross Stone Townsend Vaughn White Wofford Young, A. Young, R.
So, the motion to table was agreed to.
Rep. BAKER moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Boan Burch, K. Byrd Canty Cobb-Hunter Corning Cromer Delleney Farr Foster Glover Gonzales Harris, J. Harrison Harwell Hendricks Hodges Holt Inabinett Jennings Kempe Keyserling Kinon Manly Martin, D. Martin, M. Mattos McCraw McElveen McTeer Meacham Neilson Phillips Rogers Rudnick Sheheen Shissias Snow Sturkie Taylor Tucker Waites Wells Whipper White Wilkes Wright
Those who voted in the negative are:
Anderson Baker Beasley Bennett Brown, G. Brown, H. Brown, J. Bruce Cato Chamblee Clyborne Corbett Council Fair Felder Fulmer Gentry Hallman Haskins Huff Hyatt Johnson, J.C. Keegan Kennedy Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Rama Riser Ross Scott Shirley Stoddard Stone Townsend Vaughn Waldrop Wilkins Williams, D. Wofford Young, A. Young, R.
So, having failed to receive the necessary vote, immediate cloture was rejected.
Rep. FELDER continued speaking.
Rep. FELDER moved to recommit the Bill.
Rep. KEYSERLING moved to table the motion.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, J. Barber Baxley Brown, J. Burch, K. Byrd Cobb-Hunter Corning Cromer Delleney Farr Foster Gentry Glover Gonzales Hallman Harris, J. Harrison Harwell Hendricks Hodges Holt Hyatt Inabinett Jennings Keegan Keyserling Kinon Klapman Manly Martin, D. Mattos McCraw McElveen McTeer Meacham Neilson Phillips Rogers Rudnick Scott Sheheen Shissias Snow Sturkie Taylor Tucker Waites Waldrop Wells Whipper Wilder Wilkes Wright
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Beasley Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Haskins Johnson, J.C. Kennedy Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis McLeod Rama Rhoad Riser Ross Shirley Stoddard Stone Townsend Vaughn White Williams, D. Wofford Young, A. Young, R.
So, the motion to table was agreed to.
Rep. HARWELL spoke in favor of the Bill.
Rep. HARWELL continued speaking.
Rep. McGINNIS moved that the House do now adjourn.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Beatty Bennett Bruce Chamblee Cooper Haskins Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis Rhoad
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Brown, J. Burch, K. Byrd Cato Corbett Corning Council Cromer Delleney Fair Farr Felder Foster Fulmer Gentry Gonzales Hallman Harris, J. Harrison Harvin Harwell Hendricks Hodges Holt Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Koon Martin, D. Mattos McCraw McElveen McLeod McTeer Meacham Neilson Phillips Rama Riser Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. HASKINS moved to commit the Bill to the Committee on Ways and Means.
Rep. STURKIE raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HARWELL continued speaking.
The SPEAKER Pro Tempore granted Rep. GLOVER a leave of absence for the remainder of the day.
Rep. HARWELL continued speaking.
Rep. HARWELL continued speaking.
Rep. VAUGHN moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. STURKIE moved immediate cloture on the entire matter.
Rep. RAMA raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the Chair.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Boan Brown, J. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Foster Gentry Gonzales Hallman Harris, J. Harrison Harvin Harwell Hendricks Hodges Holt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Manly Martin, D. Mattos McCraw McElveen McGinnis McTeer Meacham Neilson Rogers Rudnick Scott Sheheen Shirley Shissias Snow Sturkie Taylor Tucker Waites Wells Whipper Wilder Wilkes Williams, D. Williams, J. Wright
Those who voted in the negative are:
Bailey, G. Baker Beasley Beatty Bennett Bruce Carnell Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Harrelson Haskins Hyatt Johnson, J.C. Kirsh Klapman Littlejohn Marchbanks Martin, L. Phillips Rama Rhoad Riser Stoddard Stone Townsend Vaughn Wofford Young, A. Young, R.
So, immediate cloture was ordered.
The SPEAKER granted Reps. STODDARD, RHOAD and G. BAILEY a leave of absence for the remainder of the day.
Rep. GONZALES moved to rescind Rule 3.9, which was agreed to.
Rep. HASKINS moved to commit the Bill to the Committee on Ways and Means.
Rep. STURKIE raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. BARBER moved to table the motion.
Rep. KEYSERLING 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 Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Corning Delleney Fair Farr Foster Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Hendricks Hodges Holt Hyatt Inabinett Jennings Kempe Keyserling Kinon Klapman Manly Martin, D. Mattos McAbee McCraw McElveen McGinnis McTeer Meacham Neilson Riser Rogers Rudnick Scott Shirley Shissias Sturkie Taylor Tucker Waites Wells Whipper Wilder Wilkes Williams, D. Williams, J. Wright
Those who voted in the negative are:
Alexander, T.C. Baker Beasley Bennett Bruce Cato Chamblee Clyborne Cooper Council Felder Fulmer Haskins Jaskwhich Johnson, J.C. Kennedy Kirsh Lanford Littlejohn Marchbanks Martin, L. Martin, M. McLeod Rama Stone Townsend Vaughn White Wilkins Wofford Young, A. Young, R.
So, the motion to table was agreed to.
Rep. HENDRICKS was recognized.
Rep. CHAMBLEE moved that the House do now adjourn.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bennett Brown, G. Bruce Carnell Chamblee Fair Fulmer Haskins Johnson, J.C. Kirsh Lanford Littlejohn Marchbanks Martin, L. Martin, M. McLeod Phillips Taylor Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beasley Brown, H. Burch, K. Cato Cooper Corbett Corning Council Cromer Delleney Elliott, D. Farr Felder Foster Gentry Gonzales Hallman Harris, J. Harrison Harvin Harwell Hendricks Holt Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Martin, D. Mattos McAbee McCraw McElveen McGinnis McTeer Meacham Neilson Rama Riser Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Stone Sturkie Townsend Tucker Vaughn Waites Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. HENDRICKS spoke in favor of the Bill.
The question then recurred to the passage of the Bill on third 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 Anderson Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Corbett Corning Cromer Delleney Elliott, D. Farr Foster Gentry Gonzales Harrelson Harris, J. Harrison Harvin Harwell Hendricks Hodges Holt Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Keyserling Kinon Koon Manly Martin, D. Mattos McAbee McCraw McElveen McGinnis McTeer Meacham Neilson Phillips Rogers Rudnick Scott Sheheen Shissias Snow Sturkie Taylor Tucker Waites Wells Whipper Wilder Wilkes Williams, D. Williams, J. Wright
Those who voted in the negative are:
Alexander, T.C. Baker Brown, H. Bruce Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Haskins Huff Johnson, J.C. Kennedy Kirsh Lanford Littlejohn Marchbanks Martin, L. Martin, M. McLeod Rama Riser Ross Shirley Stone Townsend Vaughn White Wilkins Wofford
So, the Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
I was out of the Chamber when the final vote on S. 1273 was adopted. If I would have been here I would have voted against it.
Rep. ANNETTE YOUNG
Rep. T.C. ALEXANDER moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., June 3, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4337:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Very respectfully,
President
No. 097
Received as information.
The following was received.
Columbia, S.C., June 3, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3582:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Fielding and Stilwell of the Committee of Conference on part of the Senate on S. 1398:
S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
Very respectfully,
President
No. 396
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 9-11-140 of the 1976 Code, as last amended by Act 658 of 1988, is further amended by adding at the end:
"The monthly allowance a beneficiary is receiving under this program on July 1, 1992, must be increased by ten percent effective on July 1, 1992, if the beneficiary was receiving a benefit on July 1, 1991."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John C. Land, III /s/Herbert Kirsh /s/Kay Patterson /s/Richard M. Quinn, Jr. /s/Warren K. Giese /s/H. Howell Clyborne, Jr. On Part of the Senate. On Part of the House.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 4703 -- Rep. Stone: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.
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:
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
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 following was introduced:
H. 4927 -- Rep. L. Elliott: A CONCURRENT RESOLUTION TO COMMEND MS. RUBY COLLINS OF MARION COUNTY FOR WINNING THE "SKIPPY RIZER SOUTH CAROLINA HOMEMAKER OF THE YEAR" AWARD, WHICH WILL BE PRESENTED ON JUNE 10, 1992.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1603 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA COASTAL COUNCIL IN MAKING CERTIFICATIONS TO THE SECRETARY OF THE ARMY UNDER THE FEDERAL CLEAN WATER ACT THAT NATIONWIDE PERMITS ISSUED BY HIM ARE CONSISTENT WITH THIS STATE'S WATER QUALITY STANDARDS AND PLANS SHOULD ONLY CONSIDER CRITERIA PROVIDED IN THE FEDERAL CLEAN WATER ACT.
Whereas, the Federal Clean Water Act prohibits use of land related to water without a permit issued by the authority of the Secretary of the Army; and
Whereas, the Federal Clean Water Act provides for the Secretary of the Army to issue nationwide permits and individual permits; and
Whereas, the Secretary of the Army has issued forty separate nationwide permits to enable all Americans to use their land for ordinary, routine purposes without having to obtain individual permits; and
Whereas, the Federal Clean Water Act provides that no nationwide permit will be effective in any state until that state certifies to the Army that the permit is consistent with that state's water quality standards; and
Whereas, the Federal Clean Water Act also provides that in those states which have a Coastal Zone Management Plan, any nationwide permit will not be effective in a state's coastal zone until that state certifies to the Army that the permit is consistent with that state's plan; and
Whereas, the Department of Health and Environmental Control and the South Carolina Coastal Council have made such certifications to the Army, but only in part and conditionally; and
Whereas, to the extent that the Department of Health and Environmental Control and the South Carolina Coastal Council have failed to make such certifications totally and unconditionally, they may be treating South Carolinians differently in relation to other Americans in obtaining equal benefit of the nationwide permits, thereby placing at risk South Carolina's economic competitiveness; and
Whereas, the General Assembly believes that certification decisions by the Department of Health and Environmental Control and the South Carolina Coastal Council should be based solely on the criteria provided by the Federal Clean Water Act. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly, by this resolution, hereby expresses its belief that the Department of Health and Environmental Control and the South Carolina Coastal Council in making certifications to the Secretary of the Army under the Federal Clean Water Act that nationwide permits issued by him are consistent with this state's water quality standards and plans should only consider criteria provided in the Federal Clean Water Act.
Be it further resolved that a copy of this resolution be forwarded to the Department of Health and Environmental Control and the South Carolina Coastal Council.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1605 -- Senators Williams, Martin, Drummond, Holland, Lourie, Saleeby, J. Verne Smith, Land, Setzler, Macaulay, Moore, Nell W. Smith, Courson and Mitchell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1992, THEY SHALL STAND ADJOURNED TO MEET IN LOCAL SESSION AT 10:00 A.M. ON JUNE 5, 8, 9, 10, 11, 12 AND 15 FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 10, 1992, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON MONDAY, JUNE 15, 1992, IT SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION BETWEEN JUNE 16 AND JUNE 18, 1992 AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON JUNE 18, 1992.
The Concurrent Resolution was ordered referred to the Committee on Rules.
On motion of Rep. FOSTER, with unanimous consent, the following was taken up for immediate consideration:
S. 1606 -- Senators Robert W. Hayes, Jr., Peeler, Hinson, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING ENTHUSIASTIC SUPPORT FOR THE LOCATION OF A NATIONAL FOOTBALL LEAGUE FRANCHISE IN THE CHARLOTTE AREA.
Whereas, the National Football League is in the final stages of selecting two new geographic areas which will be awarded NFL franchises by October, 1992; and
Whereas, the General Assembly wishes to invite to the attention of the NFL the following relevant facts with regard to the location of a franchise in the Charlotte area:
(1) The Carolinas area has the largest number of households with incomes of over thirty-five thousand dollars;
(2) This area is the fifth largest urban region in the United States;
(3) In 1990 five and one-half million potential fans live within a one and one-half hour drive of the Charlotte area;
(4) Two and one-half million fans in the Carolinas area attended college football games in 1988 and of those thirty-nine and four-tenths percent came from fifty to one hundred fifty miles away; and
Whereas, the Carolinas area has proven enthusiasm for big league sports evidenced by the Charlotte Hornets, in their first year out-drawing all other NBA teams, with an average of over twenty-three thousand fans a game; and
Whereas, Charlotte's international airport is the fifth fastest growing airport in the United States with nonstop and direct service to over one hundred thirty cities; and
Whereas, the General Assembly, as well as the public bodies and corporations in this State, recognize the profound economic, developmental, and quality of life impact of an NFL franchise located in Charlotte. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly express enthusiastic support for the location of a national football league franchise in the Charlotte area.
Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the National Football League.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4928 -- Reps. J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, Rama, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND OUR DISTINGUISHED COLLEAGUE, DANIEL E. MARTIN, SR., OF CHARLESTON COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND TO WISH HIM THE BEST IN HIS NEW POSITION AS A CIRCUIT JUDGE.
Whereas, our distinguished colleague, Daniel E. Martin, Sr., of Charleston County, has decided not to seek re-election from House District 111; and
Whereas, Representative Martin was recently elected to serve as a circuit court judge; and
Whereas, Representative Martin will be an asset to the circuit court as he brings his experience as a former Assistant Solicitor of the Ninth Judicial Circuit and as special homicide prosecutor; and
Whereas, he has served with great distinction in the General Assembly since being elected to the House in 1984; and
Whereas, Representative Martin, as second Vice-Chairman of the House Judiciary Committee, has been a strong leader in guiding the committee on complicated issues and in difficult times; and
Whereas, he has contributed unselfishly of his time and talents by serving as a member of numerous associations and commissions, many of which have benefitted the people of the district he served; and
Whereas, Representative Martin has received numerous awards including the Alpha Phi Alpha Fraternity, Inc. Distinguished Service Award in recognition of outstanding service to his profession, community, and fraternity and the South Carolina Legislature Certificate of Recognition for outstanding contributions in the fields of community and public affairs; and
Whereas, he has a long and vast history of service to his church and community; and
Whereas, this hard-working and diligent member of the General Assembly will be greatly missed; and
Whereas, he will continue to serve the people of this State as a circuit judge. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our colleague, Daniel E. Martin, Sr., of Charleston County, for his outstanding service as a member of the General Assembly and wish him the best in his new position as a circuit judge.
Be it further resolved that a copy of this resolution be forwarded to Representative Daniel E. Martin, Sr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4929 -- Reps. Keegan, D. Elliott, and M. Martin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE KENNETH S. CORBETT OF HORRY COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING AND DEDICATED PUBLIC SERVICE OVER THE PAST FOUR YEARS.
Whereas, the Honorable Kenneth S. Corbett of Myrtle Beach has faithfully represented the citizens of House District Number 107, Horry County, for the past four years; and
Whereas, Ken Corbett has truly been a breath of fresh air in the General Assembly, where he has brought energy, talent, drive, and dedication, constantly seeking to do what is good and right for the people of the State of South Carolina; and
Whereas, his outstanding legal mind and wise counsel have been of great value to his colleagues during his tenure in the House of Representatives; and
Whereas, we have enjoyed immensely serving with him and regret very much that he has decided not to seek re-election in 1992; and
Whereas, we hope Ken will keep us in mind after his current term expires and will often visit the State House in the future to see us. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Kenneth S. Corbett of Horry County, our good friend and distinguished colleague in the General Assembly, for his outstanding and dedicated public service over the past four years.
Be it further resolved that a copy of this resolution be forwarded to Representative Ken Corbett.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4930 -- Rep. Harwell: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, MAGGIE WALLACE GLOVER OF FLORENCE COUNTY, FOR HER CONTRIBUTIONS AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HER THE BEST IN HER FUTURE ENDEAVORS.
Whereas, our colleague, Maggie Wallace Glover of Florence County, has decided not to seek re-election from House District 62; and
Whereas, Ms. Glover has served with distinction in the House since her election in 1989; and
Whereas, Representative Glover has been a hard-working member of the Education and Public Works Committee; and
Whereas, she has served her community, the public and private sectors, her peers, and colleagues by her contributions on the many boards and commissions on which she has served; and
Whereas, she is presently serving on the South Carolina State University Board of Trustees; and
Whereas, her colleagues in the House, by this resolution, and on behalf of her constituents and friends would like to thank her for a job well done and wish her the best in her future endeavors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our colleague, Maggie Wallace Glover of Florence County, for her contributions as a member of the House of Representatives and wish her the best in her future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative Glover.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 858 -- Senator Thomas: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT ORTHOTIC DEVICES, EXCLUDE CERTAIN SHOES AND DEVICES FROM THE EXEMPTION, AND DEFINE TERMS.
Referred to Committee on Ways and Means.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Joint Resolution until Thursday, June 4, which was adopted.
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.
The following Bill was taken up.
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.
Reps. SHIRLEY, WRIGHT, M.O. ALEXANDER and MEACHAM proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3875.HC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 52-7-10 of the 1976 Code is amended to read:
"Section 52-7-10. There is created the State Athletic Commission (commission) to consist consisting of seven members appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State and a member who shall serve as Chief Athletic Commissioner must be appointed one from the State at large. The terms of the members are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners and employees of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event."
SECTION 2. Section 52-7-15 of the 1976 Code is amended to read:
"Section 52-7-15. The commission shall select its chairman, who may be the a Chief Commissioner, and other officers considered necessary for terms as the commission may designate. Notwithstanding any term for which an officer was elected, the commission may call an election for any officer at any time by a two-thirds vote."
SECTION 3. Section 52-7-20 of the 1976 Code is amended to read:
"Section 52-7-20. The commission shall meet at least twice yearly at the call of the Chief Athletic Commissioner chairman. The chairman may call other meetings when considered necessary and must do so on the direction of the majority of the commissioners. The members are allowed the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions. The Chief Athletic Commissioner shall administer the affairs of the commission under policies established by the commission. Decisions of the Chief Athletic Commissioner may be appealed to the full commission."
SECTION 4. Section 52-7-310 of the 1976 Code is amended to read:
"Section 52-7-310. The athletic commission of each county consists of five members to be appointed by the governing body of the county for terms of four years and until their successors are appointed and qualify. If no appointment has been made within sixty days after the State Athletic Commission requests in writing for an appointment to be made, the State Athletic Commission may make the appointment. The governing body of the county shall forward a record of the appointees to the commission for filing in the office of the State Athletic Commission which indicates the persons holding office and the duration of their terms. The State Athletic Commission shall designate the functions of county athletic commissions. The county athletic commission shall select its chairman and other officers to serve for terms as the commission may designate. All of the members shall serve without compensation; however, they may receive such the per diem, mileage, and subsistence that the county authorizes. No member may have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event. The office of a commissioner who fails to attend three consecutive commission meetings is declared vacant and the vacancy must be filled as provided by law. No vacancy occurs if the unaffected commission members vote unanimously to excuse the absences."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SHIRLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Reps. LITTLEJOHN and BENNETT a leave of absence for the remainder of the day.
Rep. WOFFORD 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.
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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Beasley Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, D. Fair Farr Felder Foster Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Huff Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kinon Klapman Koon Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McLeod McTeer Meacham Neilson Nettles Phillips Rama Riser Ross Rudnick Scott Sheheen Shirley Shissias Snow Stone Taylor Townsend Tucker Vaughn Wells Whipper White Wilder Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Baxley Beatty Kennedy Kirsh
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. WALDROP, WOFFORD and VAUGHN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:
/SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-22-10. This chapter is known and may be cited as the 'Offender Management System Act'.
Section 24-22-20. As used herein:
(a) 'Adult criminal offender management system' means the system developed by the State Board of Corrections and the State Board of Probation, Parole and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections Reintegration Centers and placed in Department of Probation, Parole and Pardon Services Community Control Strategies.
(b) 'Community control strategies' means offender supervision and offender management methods available in the community, including, but not limited to, home detention, day reporting centers, restitution centers, public service work programs, substance abuse programs, short-term incarceration, and intensive supervision.
(c) 'High count' means the largest male prison system population, the largest female prison system population, or both, on any given day during a one-month period.
(d) 'Prison' means any male correctional facility, female correctional facility, or combined male and female correctional facility operated by the State Department of Corrections.
(e) 'Prison system' means the prisons operated by the State Department of Corrections.
(f) 'Offender' means every male inmate or female inmate, or both, who, at the time of the initiation of the offender management system, is or at any time during continuation of the system is serving a criminal sentence under commitment to the State Department of Corrections, including persons serving sentences in local detention facilities designated under the provisions of applicable law and regulations.
(g) 'Prison system population' means the total number of male prisoners, female prisoners, or combined total of female and male prisoners housed in the prisons operated by the State Department of Corrections.
(h) 'Reintegration center' means an institution operated by the State Department of Corrections which provides for the evaluation of and necessary institutional programs for inmates in the offender management system.
(i) 'Release date' means the date projected by the State Department of Corrections on which a prisoner will be released from prison, assuming maximum accrual of credit for good behavior has been established under Section 24-13-210 and earned work credits under Section 24-13-230.
(j) 'Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense for which such prisoner has received a total sentence of five years or less and is presently serving a non-mandatory term of imprisonment for conviction of one or more of the following offenses:
reckless homicide (56-5-2910); armed robbery/accessory after the fact; simple assault; intimidation (16-11-550, 16-17-560); aggravated assault (16-23-490); arson of residence to defraud an insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd degree (16-11-110(B)); arson-3rd degree (16-11-110(C)); burglary of safe vault (16-11-390); possession of tools for a crime (16-11-20); attempted burglary (16-13-170); petit larceny (16-13-30); purse snatching (16-13-150); shoplifting (16-13-110, 16-13-120); grand larceny (16-13-20); attempted grand larceny (16-13-20); larceny; credit card theft (16-13-20, 16-13-30, 16-13-35); possession of stolen vehicle (16-21-80, 16-21-130); unauthorized use of a vehicle (16-21-60, 16-21-130); forgery (16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of credit card (16-14-60); fraudulent check (34-11-60); fraud-false statement or representation (16-13-240 through 16-13-290); breach of trust with fraudulent intent (16-13-230); failure to return tools or vehicle (16-13-420); insurance fraud (16-11-125, 16-11-130); obtaining controlled substance by fraud (44-53-40); defrauding an innkeeper (45-1-50); receipt of stolen property (16-13-180); destroying personal property (16-11-510); malicious injury to property (16-11-510, 16-11-520); hallucinogen-possession (44-53-370(c)); heroin-possession (44-53-370(c)); cocaine-possession (44-53-370(c)); cocaine-transporting (44-53-370(a)); marijuana-possession (44-53-370(c)); marijuana-producing (44-53-370(a)); legend drugs-possession (44-53-370(c)); distributing imitation controlled substances (44-53-370(a)); possession-imitation controlled substance (44-53-370(a)); indecent exposure (16-15-130); peeping tom (16-17-470); contributing to delinquency of minor (16-17-490); neglect-child (20-7-50); abandonment/non-support (20-7-80); criminal domestic violence (16-25-20); prostitution (16-15-90 through 16-15-110); unlawful liquor possession (61-5-30); public disorderly conduct/intoxication (16-17-530); making false report (16-17-725); contempt of court (14-1-150); obstructing justice (16-9-310 through 16-9-380); bribery (16-9-210 through 16-9-270, 16-17-540 through 16-17-550); possession of incendiary device (16-23-480, 16-11-550); weapon license/registration (23-31-140); explosives possession (23-36-50, 23-36-170); threat to bomb (16-11-550); unlawful possession of firearm on premises of alcoholic beverage establishment (16-23-465); discharging firearm in dwelling (16-23-440); pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs (56-5-2930, 56-5-2940); driving under suspension (56-1-460); failure to stop for officer (56-5-750); leaving the scene of accident (56-5-1210, 56-5-1220); possession of open container (61-9-87); trespassing (16-11-600 through 16-11-640); illegal use of telephone (16-17-430); smuggling contraband into prison (24-3-950); tax evasion (12-7-2750); false income tax statement (12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50); misprision of a felony; criminal conspiracy (16-17-410); habitual offender (56-1-1020 through 56-1-1100).
(k) 'Operating capacity' means the safe and reasonable male inmate capacity, female inmate capacity, or combined male and female inmate capacity of the prison system operated by the State Department of Corrections as certified by the State Department of Corrections and approved by the State Budget and Control Board.
Section 24-22-30. To be eligible to participate in the offender management system, an offender shall:
(a) be classified as a qualified prisoner as defined herein;
(b) maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to consideration for placement in the system;
(c) demonstrate during incarceration a general desire to become a law abiding member of society;
(d) satisfy any reasonable requirements imposed on the offender by the Department of Corrections;
(e) be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;
(f) possess an acceptable risk score. The risk score shall be affected by, but not be limited to, the following factors:
(1) nature and seriousness of the current offense;
(2) nature and seriousness of prior offenses;
(3) institutional record;
(4) performance under prior criminal justice supervision; and
(g) satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole and Pardon Services.
Section 24-22-40. The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.
After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.
If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the System to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the Department to cease and desist in the release of the inmates accordingly.
Section 24-22-50. The offender management system shall be in operation during all periods that the system is appropriately funded.
Section 24-22-60. Offenders enrolled in the offender management system shall be evaluated at Department of Corrections Reintegration Centers. The evaluation shall determine the offender's needs prior to community placement. The programs and services provided at a reintegration center by the Department of Corrections shall prepare offenders to be placed in the appropriate community control strategies.
Section 24-22-70. Offenders enrolled in the offender management system shall be entitled to good behavior credit as specified in Section 24-13-210 and to earned work credits as determined pursuant to Section 24-13-230. Offenders revoked from the offender management system shall not receive credit on their sentence for six months or for the time credited while placed in the community control strategies, whichever is less.
Section 24-22-80. Revocation of offender management system status awarded under this chapter is a permissible prison disciplinary action.
Offenders transferred to a reintegration center who have not been placed in and agreed to community control strategies and who violate the conditions of the offender management system may be revoked from the system by the Department of Corrections. Offenders who have been placed in and agreed to the community control strategies who violate the conditions of the offender management system certificate may be revoked from the offender management system by the Department of Probation, Parole and Pardon Services. The revocation procedures shall be developed jointly by the South Carolina Department of Corrections and the South Carolina Department of Probation, Parole and Pardon Services. There shall be no right to appeal a revocation.
Section 24-22-90. Offenders shall be enrolled in the offender management system and supervised in the community by the South Carolina Department of Probation, Parole and Pardon Services. The South Carolina Department of Corrections shall transfer enrolled inmates to a South Carolina Department of Corrections Reintegration Center for evaluation pursuant to Section 24-22-60. The South Carolina Department of Probation, Parole and Pardon Services shall issue an offender management system certificate with conditions which must be agreed to by the offender prior to the offender's placement in the community control strategies.
The South Carolina Department of Corrections shall notify the South Carolina Department of Probation, Parole and Pardon Services of all victim impact statements filed pursuant to Section 16-1-1550, which references offenders enrolled in the offender management system. The South Carolina Department of Probation, Parole and Pardon Services shall, prior to enrolling an offender into the offender management system, give thirty days prior written notice to any person or entity who has filed a written request for notice. Any victim or witness pursuant to Section 16-3-1530(C) and any solicitor, law enforcement officer, or other person or entity may request notice about an offender under this section and may testify by written or oral statement for or against the release. The South Carolina Department of Probation, Parole and Pardon Services shall have authority to deny enrollment to any offender based upon the statements of any person responding to the notice of enrollment.
Section 24-22-100. Offenders enrolled in the offender management system shall be required to participate in programs designated by the South Carolina Department of Probation, Parole and Pardon Services including community control strategies. These strategies may include, but are not limited to:
(a) the South Carolina Department of Probation, Parole and Pardon Services Home Detention Supervision Program;
(b) day reporting centers;
(c) restitution centers;
(d) public service work programs;
(e) substance abuse programs;
(f) short term incarceration; and
(g) intensive supervision programs.
Section 24-22-110. Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department of Corrections. Control over the offenders is vested in the South Carolina Department of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department of Probation, Parole and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department.
Section 24-22-120. At any time while an enrolled offender is at a reintegration center, the enrolled offender may be disciplined or removed from the offender management system, or both, according to procedures established by the Department of Corrections.
At any time during a period of community supervision, a probation and parole agent may issue a warrant or a citation and affidavit setting forth that the person enrolled in the offender management system has in the agent's judgment violated the conditions of the offender management system. Any police officer or other officer with the power of arrest in possession of a warrant may arrest the offender and detain such offender in the county jail or other appropriate place of detention until such offender can be brought before the Department of Probation, Parole and Pardon Services. The offender shall not be entitled to be released on bond pending a hearing.
Section 24-22-130. Offenders enrolled in the offender management system shall not be given a parole hearing or released on supervised furlough as long as the offender is on offender management system status. Offenders who have vested roll backs granted under the Prison Overcrowding Powers Act shall not lose such benefits. Offenders enrolled in the offender management system will remain in the offender management system until the offender's sentence is satisfied, unless sooner revoked.
Section 24-22-140. The enactment of this legislation shall not create a 'liberty interest' or an 'expectancy of release' in any offender now incarcerated or in any offender who is incarcerated in the future.
Section 24-22-150. The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.
During periods when the offender management system is in operation and either the South Carolina Department of Corrections or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State.
Section 24-22-160. The Board of Corrections and the Budget and Control Board shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department of Corrections and shall, at least quarterly, certify existing operating capacities or establish changed or new operating capacities."
SECTION 2. Sections 24-3-1110, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180, 24-3-1190, 24-3-2010, 24-3-2020, 24-3-2030, 24-3-2050, and 24-3-2060 of the 1976 Code are hereby repealed.
SECTION 3. The offender management system and any regulations promulgated thereto shall terminate three years from the date the Governor approves this act unless extended by the General Assembly.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
/s/Senator J. Verne Smith /s/Rep. Sandra S. Wofford /s/Senator Hugh K. Leatherman /s/Rep. Lewis R. Vaughn /s/Senator Glenn F. McConnell Rep. Dave C. Waldrop, Jr. On Part of the Senate. On Part of the House.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Baxley Beasley Beatty Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corbett Corning Council Cromer Delleney Elliott, D. Fair Felder Foster Gentry Gonzales Harris, J. Harrison Harvin Haskins Hendricks Hodges Holt Huff Hyatt Jennings Johnson, J.C. Keegan Keyserling Kinon Klapman Koon Lanford Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McLeod McTeer Meacham Neilson Nettles Rama Riser Rudnick Scott Sheheen Shirley Shissias Snow Stone Townsend Tucker Vaughn Wells White Wilder Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Barber Brown, J. Kempe Kennedy Kirsh Rogers Young, R.
So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. FELDER moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
The CONFERENCE COMMITTEE, to whom was referred:
S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Title 34 of the 1976 Code is amended by adding:
Section 34-36-10. As used in this chapter, unless the context otherwise requires:
(1) 'Advance fee' means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker.
(2) 'Borrower' means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit.
(3) 'Department' means the Department of Consumer Affairs.
(4) 'Loan broker' means any person who:
(a) for or in expectation of consideration arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;
(b) for or in expectation of consideration assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;
(c) acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or
(d) holds himself out as a loan broker.
A 'loan broker' does not include any bank or savings and loan association, trust company, building and loan association, credit union, consumer finance company, retail installment sales company, securities broker-dealer, real estate broker or salesperson, attorney, Federal Housing Administration or Veterans Administration approved lender, credit card company, installment loan licensee, mortgage loan broker registered under Chapter 58, Title 40 and acting within the scope of its certificate of registration, or insurance company, who is licensed by and subject to regulation or supervision of any agency of the United States, the South Carolina Board of Financial Institutions, or other agency of this State and is acting within the scope of the license; and also does not include subsidiaries of licensed or chartered consumer finance companies, banks, or savings and loan associations.
(5) 'Principal' means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.
Section 34-36-20. No loan broker shall:
(1) assess or collect an advance fee from a borrower to provide services as a loan broker.
(2) make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a loan broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the buyer.
(3) make or use any false or deceptive representation or conceal a material fact in its business dealings with the borrower or with the department.
Section 34-36-30. Each principal of a loan broker may be sanctioned for the actions of the loan broker, including the loan broker's agents or employees acting in the course of business of the loan broker.
Section 34-36-40. (A) The department may investigate the actions of any person for compliance with this chapter.
(B) The department may order a loan broker to cease and desist whenever the department determines that the loan broker has violated, is violating, or will violate any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department.
(C) The department may order a loan broker to refund or reimburse any advance fee or any other fee taken in violation of Section 34-36-20 or taken as a result of a false, misleading, or deceptive representation as described in Section 34-36-20. Such an order may, but need not, be sought by the department in conjunction with a cease and desist order pursuant to subsection (B).
(D) The department may impose and collect a civil administrative fine against any person found to have violated any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department, in any amount not to exceed five thousand dollars for each violation.
Section 34-36-50. (A) The department may make investigations and examinations upon reasonable suspicion within or outside of this State as it considers necessary to determine whether a person has violated or will violate any provision of this chapter or any regulation promulgated hereunder.
(B) The department may gather evidence regarding any broker if the department has reasonable suspicion the loan broker has violated or will violate any provision of this chapter or any regulation promulgated under it. The department may administer oaths, examine witnesses, and issue subpoenas.
(C) The department may issue subpoenas for witnesses whose evidence is deemed material to any investigation or examination commanding the witnesses to be or appear before the department at a time and place named and to bring those books, records, and documents as may be specified or to submit the books, records, and documents for inspection. The subpoenas may be served by an authorized representative of the department.
(D) In the event of substantial noncompliance with a subpoena or subpoena duces tecum issued by the department, the department may petition the circuit court of the county in which the person subpoenaed resides or has its principal place of business for an order requiring the person to appear and fully comply with the subpoena. The court may also grant injunctive relief restraining a violation of this chapter and may grant that other relief, including, but not limited to, the restraint, by injunction or appointment of a receiver, of any transfer, pledge, assignment, or other disposition of the person's assets or any concealment, alteration, destruction, or other disposition of subpoenaed books, records, or documents, as the court deems appropriate until the person has fully complied with the subpoena or subpoena duces tecum and the department has completed its investigation or examination. Costs incurred by the department to obtain an order granting, in whole or in part, the petition for enforcement of a subpoena or subpoena duces tecum must be taxed against the subpoenaed person, and failure to comply with the order is a contempt of court.
(E) Witnesses are entitled to the same fees and mileage as they may be entitled by law for attending as witnesses in the circuit court, except where the examination or investigation is held at the place of business or residence of the witness.
(F) The material compiled by the department in an investigation or examination under this chapter is confidential until the investigation or examination is complete or final action by the department is otherwise taken. The investigation or examination is not deemed complete if the department has submitted the material or any part of it to any law enforcement agency or other regulatory agency for further investigation or for the filing of a criminal or civil prosecution and the investigation and prosecution have not been completed or become inactive. This confidentiality provision shall not prohibit:
(1) the disclosure of investigative material in investigations that are otherwise final if the material submitted to the other law enforcement agency is not directly related to loan brokering business; or
(2) the disclosure of such material as is public information after civil or criminal prosecution is filed.
(G) The department shall cooperate with and assist other state or federal agencies in enforcing applicable regulation of loan brokers to the extent such cooperation and assistance does not violate this chapter or the public policy of this State. The department may authorize such state or federal agencies to represent it for the purpose of administering oaths, examining witnesses, or issuing subpoenas under this chapter.
Section 34-36-60. (A) In addition to other remedies set forth in this chapter, whenever the department determines, from evidence satisfactory to it, that any person has engaged, is engaged, or is about to engage in an act or practice constituting a violation of this chapter or a regulation promulgated hereunder, the department may bring action in the name and on behalf of the State against the person and any other person concerned in that practice in violation of this chapter to enjoin the person or persons from continuing the violation. In the court proceedings, the department may apply for and on due showing is entitled to have issued, the court's subpoena requiring the appearance of any defendant and his employees or agents to testify or give evidence concerning the acts or conduct or things complained of in the application for injunction, and requiring the production of documents, books, and records that may appear necessary for the hearing of the petition.
(B) In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in the court proceedings, the court shall have the power, upon application of the department, to impound and to appoint a receiver or administrator for the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. The receiver or administrator, when appointed and qualified, shall have all powers and duties as to custody, collection, administration, winding up, and liquidation of this property and business as is from time to time conferred upon him by the court. In the action, the court may issue orders and decrees staying all pending suits and enjoining any further suits affecting the receiver's or administrator's custody or possession of this property, assets, and business, or in its discretion may with the consent of the chief administrative judge of the circuit, require that all these suits be assigned to the circuit court judge appointing this receiver or administrator.
(C) In addition to any other remedies provided by this chapter, the department may apply to the court hearing this matter for an order of restitution whereby the defendants in the action must be ordered to make restitution of those sums shown by the department to have been obtained by them in violation of any of the provisions of this chapter. The restitution, at the option of the court, must be payable to the administrator or receiver appointed pursuant to this section or directly to the persons whose assets were obtained in violation of this chapter.
Section 34-36-70. Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or by a term of imprisonment not exceeding one year, or both. Each violation of this chapter constitutes a separate offense.
Section 34-36-80. (A) A violation of this chapter shall constitute an unfair trade practice under Chapter 5, Title 39, and individual borrowers or prospective borrowers injured by violations of this chapter have an action for damages as set forth in Section 39-5-140.
(B) Any borrower injured by a violation of this chapter may bring an action against the surety bond or trust account, if any, of the loan broker.
(C) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct authorized by law.
Section 34-36-90. (A) The department is responsible for the administration and enforcement of this chapter.
(B) The department is authorized to promulgate those regulations necessary to implement and administer the provisions of this chapter."
SECTION 2. Article 5, Chapter 3, Title 29 of the 1976 Code is amended by adding:
"Section 29-3-325. When no written instructions to the contrary are given by the mortgagor or a closing agent, acting on behalf of the mortgagor, to the mortgagee or to an assignee of the mortgage, and when the mortgagee or assignee of the mortgage is a financial institution, the mortgagee or assignee is responsible for recording the satisfaction or cancellation of the mortgage it holds. The financial institution may charge a reasonable fee not to exceed twenty-five dollars to cover the cost of recording the satisfaction or cancellation.
If the financial institution fails to record the satisfaction or cancellation within ninety days of receipt of the full amount necessary to satisfy the debt or obligation secured by the mortgage, it must pay to the mortgagor upon demand a penalty in the amount of one hundred dollars or in the alternative the mortgagor is entitled to the remedies provided by Sections 29-3-310 and 29-3-320 if these sections apply. However, a violation of this section is not considered to be a violation of Sections 29-3-310 and 29-3-320. Failure to pay this one hundred dollar penalty within ten days after demand subjects the financial institution to additional penalties of one hundred dollars for each ten days or portion thereof the penalty remains unpaid after receipt of demand.
The provisions of this section do not apply to 'open-end credit' plans as defined by federal law, or to mortgages containing future advance clauses even though they secure closed-end transactions."
SECTION 3. Section 29-3-325 of the 1976 Code, as added by this act, applies with respect to mortgages executed after December 31, 1992.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/James E. Bryan, Jr. /s/Thomas C. Alexander /s/Herbert U. Fielding /s/Larry A. Martin /s/H. Samuel Stilwell /s/Lucille S. Whipper On Part of the Senate. On Part of the House.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Rep. KLAPMAN a leave of absence for the remainder of the day.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
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. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
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. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
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.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
The Senate amendments to the following Bill were taken up for consideration.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Rep. HODGES explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.
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. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.
Reps. A. YOUNG and L. MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3999.BD), which was adopted.
Amend the bill, as and if amended, Section 61-3-1020, SECTION 6, page 7, beginning on line 30, by deleting /at its place of business/.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Reps. McABEE and CARNELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\19320.SD), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 61-5-185. Permits authorized by Section 61-5-180 must also be issued to bona fide nonprofit organizations and business establishments licensed under Section 61-5-50 located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed four million dollars upon application and payment of the filing and permit fees. The state treasurer shall semiannually remit to the county treasurer of such county one-fourth of the fees collected for the permits issued in the county which shall be used for county law enforcement purposes in the discretion of the county council."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE was recognized.
Rep. A. YOUNG raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. McABEE argued contra the Point in stating that the Amendment dealt with the same Code Section, 61-5-180 and 61-5-50, which were currently in the Bill and would make the Amendment germane.
The SPEAKER stated that the Amendment added a new Code Section, which was Section 61-5-185, and that referred back to Section 61-5-180 and Section 61-5-50 and the amended Bill as it came from the Senate dealt with the granting of licenses and the qualifications of the granting of licenses under Code Section 61-5-50 and it was germane and he overruled the Point of Order.
Rep. McABEE explained the amendment.
Rep. CLYBORNE moved to table the amendment, which was not agreed to by a division vote of 31 to 49.
Rep. FAIR spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Baxley Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Corbett Cromer Elliott, D. Fulmer Hallman Harrelson Harris, J. Harvin Harwell Holt Jennings Keegan Kennedy Keyserling Kinon Martin, D. McAbee McElveen McLeod McTeer Nettles Phillips Rogers Rudnick Scott Shirley Snow Taylor Tucker Waites White Wilder Wilkes Williams, J. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Beasley Brown, G. Cato Chamblee Clyborne Cooper Council Delleney Fair Farr Foster Gentry Gonzales Haskins Hendricks Hyatt Kempe Kirsh Koon Lanford Marchbanks Martin, L. Mattos McCraw McGinnis Meacham Quinn Rama Ross Stone Townsend Vaughn Wells Wilkins Wofford Young, A.
So, the amendment was 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. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS, TO ABOLISH THE DARLINGTON COUNTY BOARD OF VOTER REGISTRATION AND DARLINGTON COUNTY ELECTION COMMISSION AND TO CREATE THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION.
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. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.
Rep. BEATTY moved that the House do now adjourn.
Rep. J. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Lanford Manly McGinnis
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beasley Brown, G. Brown, H. Burch, K. Cato Chamblee Corning Council Cromer Delleney Elliott, D. Farr Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harwell Haskins Hendricks Hodges Holt Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kennedy Kinon Kirsh Koon Marchbanks Martin, L. Mattos McCraw McElveen McLeod McTeer Meacham Nettles Phillips Quinn Riser Ross Rudnick Sheheen Shirley Shissias Snow Stone Tucker Vaughn Waites White Wilder Wilkins Wofford Wright Young, R.
So, the House refused to adjourn.
The Senate amendments to the following Bill were taken up for consideration.
H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
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. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.
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. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.
Reps. A. YOUNG and L. MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\.BD), which was adopted.
Amend the bill, as and if amended, Section 61-3-1020, SECTION 4, page 4, beginning on line 13, by deleting /at its place of business/.
Amend title to conform.
Rep. L. MARTIN 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. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
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 immediate consideration.
H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
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. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for immediate consideration.
H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.
Reps. McABEE and CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6683.HC).
Amend the bill, as and if amended, by striking pages 10 through 20.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. GENTRY moved to adjourn debate upon the Senate amendments, which was adopted.
The following Concurrent Resolution was taken up.
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".
Whereas, the South Carolina Wildlife and Marine Resources Commission recognized one of our own by naming a boat landing for John C. Land, III, that fine senator representing District No. 36, Lee, Clarendon, and Sumter Counties; and
Whereas, it has been determined that a more fitting tribute for this dedicated statesman who represents the people of his district with distinction would be to name a different landing as the "John C. Land Sportsfishing and Boating Center"; and
Whereas, the members of the General Assembly are in agreement that our distinguished colleague is deserving of this honor and take this time to thank him for his devoted service to the people of this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly 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".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Wildlife and Marine Resources Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. GENTRY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4853 -- Reps. L. Martin, Phillips, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHEN DEVELOPING THE STATE'S PLAN TO REMOVE NONCONFORMING OUTDOOR ADVERTISING SIGNS PURSUANT TO FEDERAL LAW TO FIRST CONCENTRATE ITS EFFORTS ON NONCONFORMING SIGNS ON INTERSTATE HIGHWAYS AND SCENIC HIGHWAYS AND NOT ON OTHER ROADS AND HIGHWAYS TO WHICH THE LAW APPLIES.
At 5:45 P.M. the House in accordance with the motion of Rep. ALTMAN adjourned in memory of Mrs. Ruby Forsythe, to meet at 11:00 A.M. tomorrow.
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