Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this day when we inaugurate a President and a Vice President of the United States, we pray, Lord, that this Nation may continue "one Nation under God." Endow all who serve in places of government with nobility of character, a fervent patriotism and the spirit of servanthood. Make these United States not only a citadel of material strength and military might, but a great bastion of moral and spiritual power for the welfare of all mankind. May the determination ever remain steadfast that ours be "the land of the free and the home of the brave" as we hear and heed the truth of the Psalmist: "Blessed is the Nation whose God is the Lord." (Psalm 33:12a)
God of 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. KELLEY moved that when the House adjourns, it adjourn in memory of Mr. Paul W. Keegan, brother of Rep. TOM KEEGAN, which was agreed to.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Broadcasters Association for a reception, February 2, 1993, 6:00 P.M. - 8:00 P.M. at the Marriott Hotel.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Association of Christian Schools for breakfast, February 3, 1993, 8:00 A.M. - 8:50 A.M. at the Holiday Inn Hotel.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina School Boards Association for the Governor's Conference on Education/Legislative Luncheon, February 3, 1993, 12:30 P.M. at the Moore Building, State Fairgrounds.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina Soft Drink Association for a reception, February 3, 1993, 6:00 P.M. - 8:00 P.M. at the Marriott Hotel.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Association for Retarded Citizens of South Carolina and the South Carolina Human Service Providers for a drop-in, February 4, 1993, 9:00 A.M. - 10:00 A.M. on the first floor lobby of the State House.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Carolinas AGC (Associated General Contractors, Inc.) for a reception, February 9, 1993, 6:00 P.M. - 8:00 P.M. at Embassy Suites Hotel.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina Department of Archives and History for coffee, February 10, 1993, 8:30 A.M. - 10:00 A.M., in Room 208, Blatt Building.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina State Museum Foundation for a reception, February 10, 1993, 6:00 P.M. - 8:00 P.M. at the State Museum.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the National Guard Association of South Carolina for the Annual Legislative Appreciation Reception, February 16, 1993, 6:00 P.M. - 8:00 P.M. at the National Guard Armory.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina Association of Counties for a reception, February 17, 1993, 6:00 P.M. - 7:30 P.M. at Embassy Suites Hotel.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina Farm Bureau Federation for the annual Legislative Banquet, February 23, 1993, 6:00 P.M. - 7:15 P.M. at the Ellison Building, State Fairgrounds.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Municipal Association of South Carolina for a reception, February 24, 1993, 6:30 P.M. - 8:00 P.M. at the Marriott Hotel.
The invitation was accepted.
On motion of Rep. P. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3189 -- Reps. P. Harris, Felder, Sturkie, Byrd, Sharpe, J. Brown, Neal, Carnell, McAbee, J. Bailey, Witherspoon, Klauber, Riser, Law and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE THE SIGNIFICANCE AND MANY ACCOMPLISHMENTS OF THE SOUTH CAROLINA TUITION GRANTS PROGRAM, AND TO DECLARE THURSDAY, MARCH 25, 1993, AS "TUITION GRANTS DAY" IN SOUTH CAROLINA.
Whereas, the average South Carolina family's three greatest concerns are job security, access to and price of health care, and providing an affordable college education for their children. This last concern is impacted by a classic cost squeeze as government dollars shrink while at the same time college tuition and fees continue to rise and philanthropy languishes due to the recession; and
Whereas, the South Carolina Higher Education Tuition Grants program was conceived in 1970 to make private college prices competitive with those of the public colleges. Selected deserving South Carolina resident students receive a grant based partially on financial need, academic standing, and the actual tuition of the college they selected. To date 85,000 students have received grants exceeding two hundred and twenty million dollars. In 1992, approximately 6,500 students received some sixteen million and eight hundred thousand dollars in tuition grants. This averages less than two thousand and six hundred dollars per grant and less than eight hundred dollars each when spread across the 22,000 students enrolled in our private colleges; and
Whereas, without question the South Carolina Tuition Grants program is a national leader among similar programs of many other states and is one of the most cost effective, hard dollar savings initiatives funded by the General Assembly; and
Whereas, the Tuition Grants program also does not sacrifice quality. Each year, four or five of our State's independent colleges and universities are recognized for excellence by national publications and other education authorities and one reason for this achievement is the assistance given to their students by the Tuition Grants program; and
Whereas, the members of the General Assembly, by this resolution, believe it would be a fitting tribute to this outstanding program if a day were set aside in South Carolina to recognize the Tuition Grants program.
Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby recognize the significance and many accomplishments of the South Carolina Tuition Grants program, and declare Thursday, March 25, 1993, as "Tuition Grants Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Higher Education Tuition Grants Commission.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 221 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF OFFICER THOMAS C. "TOMMY" HARRISON, SR., OF THE CITY OF ORANGEBURG POLICE DEPARTMENT UPON HIS TRAGIC DEATH IN THE LINE OF DUTY ON FRIDAY, JANUARY 15, 1993.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 222 -- Senator Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE W. KEITH RICHARDSON OF CLINTON WHO ANNOUNCED HIS RETIREMENT AS HEAD COACH AND ATHLETIC DIRECTOR AFTER WINNING TWO HUNDRED THIRTY-NINE HIGH SCHOOL FOOTBALL GAMES AND SIX STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS IN TWENTY-FOUR SEASONS AT CLINTON HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 223 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MRS. MARTHA WHARTON BARNETTE OF GREENWOOD WHO DIED OCTOBER 12, 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3190 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 17, 1993.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable David W. Harwell, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, February 17, 1993.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Harwell.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3191 -- Reps. Chamblee, Cooper, P. Harris, Stille and Townsend: A BILL TO AMEND SECTIONS 47-13-1350 AND 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION BEFORE A HORSE MAY ENTER THE STATE OR A PUBLIC ASSEMBLY OF HORSES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3192 -- Reps. Chamblee, Cooper, Stone, P. Harris, Stille and Townsend: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THE LICENSE PLATE.
Referred to Committee on Education and Public Works.
H. 3193 -- Reps. Snow, Kelley, G. Brown, Stone, McLeod, Byrd and Chamblee: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 109 SO AS TO PROVIDE FOR CERTAIN PROCEDURES FOR THE CONFINEMENT AND COMMITMENT OR CONTINUED CONFINEMENT AND COMMITMENT OF PERSONS DETERMINED TO BE SEXUALLY VIOLENT PREDATORS.
Referred to Committee on Judiciary.
H. 3194 -- Reps. Snow, R. Smith, G. Brown, Stone, McLeod, Byrd, Kelley, Chamblee and J. Harris: A BILL TO AMEND SECTION 16-3-654, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF THIS OFFENSE IF HE IS A PSYCHIATRIST, PSYCHOLOGIST, LICENSED COUNSELOR OR THERAPIST, OR A MEMBER OF THE CLERGY AND ENGAGES IN SEXUAL CONTACT WITH ANOTHER PERSON WHO IS A PATIENT OR CLIENT OF HIS FOR MENTAL HEALTH THERAPY, AND TO AMEND TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 76 SO AS TO ENACT THE ACTION FOR SEXUAL EXPLOITATION BY PSYCHOTHERAPISTS ACT WHICH DEFINES THE TERM PSYCHOTHERAPISTS, PROVIDES CIVIL PENALTIES FOR PSYCHOTHERAPISTS WHO HAVE SEXUAL CONTACT WITH THEIR PATIENTS DURING A THERAPY SESSION, OR OUTSIDE OF A SESSION IF THEY ARE TOLD IT IS PART OF THE TREATMENT OR IF THE PATIENT IS EMOTIONALLY DEPENDENT UPON THE PSYCHOTHERAPIST, AND PROVIDES THAT EMPLOYERS OR FORMER EMPLOYERS OF PSYCHOTHERAPISTS MAY ALSO BE LIABLE IF THEY FAIL TO TAKE REASONABLE ACTION WHEN THEY HAVE REASON TO KNOW THAT A PSYCHOTHERAPIST ENGAGED IN SEXUAL CONTACT WITH CLIENTS OR IF THEY FAIL TO MAKE INQUIRIES OF FORMER EMPLOYERS CONCERNING SEXUAL CONTACT WITH CLIENTS.
Referred to Committee on Judiciary.
H. 3195 -- Reps. Corning, G. Brown, Shissias, Harrison, Jaskwhich, Kirsh, Robinson, A. Young, Wells, Haskins, Graham, Meacham, Simrill, Vaughn, J. Wilder, Stone and D. Wilder: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION, AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
Referred to Committee on Judiciary.
H. 3196 -- Rep. Stone: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
On motion of Rep. STONE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3197 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE ABANDONMENT OF WILDLIFE CARCASSES AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3198 -- Reps. McElveen, Farr, Rogers, Waites, Barber, J. Bailey, Chamblee, McLeod, Houck, Mattos, Keyserling, Haskins, Neilson, Cromer, Richardson and Corning: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 29 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A JUDICIAL NOMINATING COMMISSION TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON COURTS OF THE UNIFIED JUDICIAL SYSTEM WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT THESE JUDGES AND JUSTICES FROM AMONG THESE NOMINEES, AND TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS WHO HAS BEEN FOUND "NOT QUALIFIED" BY THE COMMISSION.
Referred to Committee on Judiciary.
H. 3199 -- Reps. McElveen, Waites, R. Young, Farr, Keyserling, Barber, J. Bailey, McLeod, Houck, Chamblee, Cromer, Mattos, Haskins, Rogers, Neilson, Richardson and Corning: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF SUPREME COURT JUSTICE, JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO PROVIDE THE PROCEDURE FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES; AND TO PROVIDE THAT THIS ACT TAKES EFFECT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF A JUDICIAL NOMINATING COMMISSION.
Referred to Committee on Judiciary.
H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3201 -- Reps. Marchbanks, Littlejohn, H. Brown, A. Young, Wilkins, Holt, Vaughn, Fair, Hallman, Harrell, Govan, Hutson, White, Shissias, Harrison, Walker, Trotter, Byrd, Neal, Meacham, Hines, Stille, Koon, Law, T.C. Alexander, Cato, Clyborne, Mattos, M.O. Alexander, Richardson, Stuart, Robinson, Cooper, Moody-Lawrence, Simrill, Allison and Stone: A BILL TO AMEND SECTION 56-5-6250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF PRIOR CONVICTIONS UNDER THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE THAT PRIOR DUI CONVICTIONS MAY NOT BE DISREGARDED IN A PLEA BARGAIN ON A DUI CHARGE.
Referred to Committee on Judiciary.
H. 3202 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN MEMBERS OF THE BOARD MUST BE GRADUATES OF THE COLLEGE.
Referred to Committee on Education and Public Works.
H. 3203 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3204 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; AND TO PROVIDE A TRANSITION PERIOD FOR THE REDUCTION OF THE PERCENTAGE.
Referred to Committee on Judiciary.
H. 3205 -- Reps. Corning, Cato, Sturkie, Harwell, Whipper, Gamble, Shissias, Harrison, Jaskwhich, Wofford, Canty, A. Young, Cooper, Haskins, Harrell, Beatty, Wilkins, McMahand, Kirsh, Richardson, Keyserling, Neal, Meacham, Waites, Hallman, Fair, Simrill, Allison, Hutson, R. Young, Walker, Vaughn, Robinson, Stone, Holt, Witherspoon and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO PROVIDE THAT A LICENSED HEALTH CARE PROFESSIONAL MAY NOT REFER A PATIENT FOR TREATMENT OR TESTS TO A FACILITY OR ENTITY IN WHICH THE HEALTH CARE PROFESSIONAL HAS A FINANCIAL INTEREST UNLESS THE PATIENT IS NOTIFIED IN WRITING OF THE NATURE OF THE FINANCIAL INTEREST AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3206 -- Reps. Corning, Cato, Sturkie, Hutson, Quinn, Neal, Waites, Gamble, Shissias, Harrison, Jaskwhich, Canty, A. Young, Harrell, Haskins, Hallman, M.O. Alexander, Davenport, Robinson, Stone, Keyserling, Cromer and R. Young: A BILL TO AMEND SECTION 8-13-1342, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO PARTICIPATED IN THE AWARDING OF A CONTRACT, AND THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO REFERRALS FOR THE RENDERING OR PROVIDING OF PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, DELETE THE EXEMPTION RESPECTING CONTRACTS AWARDED THROUGH COMPETITIVE BIDDING, PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, AND DEFINE "PERSON" FOR THE PURPOSES OF THIS SECTION.
Referred to Committee on Judiciary.
H. 3207 -- Reps. Corning, Gamble, Cooper, Cato, Vaughn, Houck, Davenport and Harrison: A BILL TO PROVIDE THAT NO MORE CHILDREN MAY BE INCLUDED IN THE SIZE OF A FAMILY, FOR THE PURPOSE OF DETERMINING THE AMOUNT OF AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) THAT A FAMILY MAY RECEIVE, THAN THE NUMBER IN THE FAMILY AT THE TIME AFDC ELIGIBILITY WAS DETERMINED AND TO PROVIDE AN EXCEPTION; TO PROVIDE THAT A FAMILY MAY NOT RECEIVE AFDC BENEFITS FOR ONE YEAR OR LONGER TO INCREASE THE NUMBER OF CHILDREN IN THE FAMILY SIZE FOR THE PURPOSE OF DETERMINING THE AMOUNT OF BENEFITS; TO PROVIDE THAT THE MOTHER IN A FAMILY THAT IS ELIGIBLE TO RECEIVE AFDC BENEFITS MUST CONSENT TO AND HAVE A BIRTH CONTROL DEVICE SURGICALLY IMPLANTED AND THAT A WOMAN RECEIVING AN IMPLANT IS ELIGIBLE FOR MEDICAID FOR THIS PROCEDURE; AND TO PROVIDE THAT THE MOTHER IN A FAMILY CURRENTLY RECEIVING BENEFITS HAS ONE YEAR TO HAVE A BIRTH CONTROL DEVICE SURGICALLY IMPLANTED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3208 -- Rep. Spearman: A BILL TO AMEND SECTIONS 56-3-1850 AND 56-3-1870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDAL OF HONOR LICENSE PLATES, SO AS TO PROVIDE THAT THE LICENSE PLATE MAY BE ISSUED AND TRANSFERRED TO A LEASED VEHICLE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTION FOR AD VALOREM TAXES, SO AS TO PROVIDE THAT A LEASED VEHICLE WITH A MEDAL OF HONOR LICENSE PLATE IS EXEMPT FROM AD VALOREM TAXATION.
Referred to Committee on Education and Public Works.
H. 3209 -- Reps. Wilkins, Baker, Gonzales, Jennings, Fair, Fulmer, Wofford, Harvin, Farr, Huff, Snow, Scott, Waldrop, Tucker, Hodges, Cromer, Gamble, Stone, Sturkie, Wright, Keyserling, Baxley, Phillips, Clyborne and Keegan: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
Referred to Committee on Judiciary.
H. 3210 -- Reps. Wilkins, Gonzales, Baker, Vaughn, Clyborne, Sharpe, Chamblee, Cromer, Fulmer, Elliott, Harrison, Thomas, McKay, Fair, Allison, Kelley, Stille, Witherspoon, Corning, A. Young, Jaskwhich, Gamble, Walker, Richardson, Hutson, D. Smith, Keegan, Stoddard, Cato, Meacham, Huff, Graham, Klauber and Wells: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.
Referred to Committee on Judiciary.
H. 3211 -- Reps. Corning, Quinn, Sturkie, Gamble, Shissias, Harrison, Jaskwhich, Wofford, J. Bailey, Holt, Huff, Haskins, Harrell, Hallman, R. Young and Stone: A BILL TO AMEND SECTION 12-27-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIORITY PROJECTS AND PROJECT SELECTION CRITERION UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM (SHIMS), SO AS TO DELETE SOCIOECONOMIC FACTORS FROM THE CRITERIA, AND TO DELETE OBSOLETE LANGUAGE.
Referred to Committee on Ways and Means.
H. 3212 -- Reps. Chamblee and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A SELLER OF AGRICULTURAL PRODUCTS MAY HAVE A PREFERENCE ON THE PRICE OF HIS PROPERTY OVER OTHER CREDITORS OF THE PURCHASER AND UNDER WHICH A LIEN ATTACHES, PROVIDE FOR APPLICATION OF THE UNIFORM COMMERCIAL CODE, AND DEFINE "AGRICULTURAL PRODUCTS".
Referred to Committee on Judiciary.
H. 3213 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.
Referred to Committee on Judiciary.
H. 3214 -- Rep. Wofford: A BILL TO REPEAL SECTION 44-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATING BUILDINGS AT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AS FACILITIES OF THE STATE DEPARTMENT OF MENTAL HEALTH.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3215 -- Rep. Wofford: A BILL TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3216 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3217 -- Rep. Wofford: A BILL TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3218 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3219 -- Rep. Wofford: A BILL TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3220 -- Rep. Wofford: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3221 -- Reps. Kirsh and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.
Referred to Committee on Judiciary.
H. 3222 -- Reps. Kirsh, J. Brown, G. Bailey and Waldrop: A BILL TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3223 -- Reps. Kirsh, J. Brown, Waldrop and G. Bailey: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420 RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3224 -- Reps. Kirsh, J. Brown, Waldrop and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Referred to Committee on Ways and Means.
H. 3225 -- Reps. Kirsh, J. Brown, Waldrop and G. Bailey: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3226 -- Reps. Kirsh, J. Brown, G. Bailey and Waldrop: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES TO WHICH THE REQUIREMENTS OF NURSING DO NOT APPLY, SO AS TO INCLUDE OUT-OF-STATE NURSES ENROLLED IN AN APPROVED COURSE OR EXPERIMENTAL PROJECT; TO AMEND SECTION 40-33-230, RELATING TO STATE BOARD OF NURSING COMPENSATION, SO AS TO CONFORM COMPENSATION PROVISIONS TO OTHER STATE BOARDS; TO AMEND SECTION 40-33-260, AS AMENDED, RELATING TO A BOARD QUORUM, SO AS TO REVISE IT TO CONFORM TO THE INCREASED BOARD SIZE; TO AMEND SECTION 40-33-910, AS AMENDED, RELATING TO EXAMINATIONS, SO AS TO PROVIDE THAT AN APPLICANT MUST PASS AN EXAMINATION PRESCRIBED RATHER THAN ADMINISTERED BY THE BOARD; AND TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3227 -- Reps. Waldrop, Carnell, McAbee, Tucker and D. Wilder: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Referred to Committee on Ways and Means.
The following was introduced:
H. 3228 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE ON THE DREHER ISLAND ROAD BETWEEN LEXINGTON AND NEWBERRY COUNTIES AS THE "ADAMS CAMP BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baxley Boan Brown, G. Brown, H. Brown, J. Canty Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, January 20.
C. Lenoir Sturkie Robert A. Barber, Jr. Molly M. Spearman Richard M. Quinn, Jr. Dell Baker
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on January 20.
Marion P. Carnell
The SPEAKER granted Reps. HARVIN, G. BAILEY, HINES, NEILSON, JENNINGS, WILLIAMS, SCOTT, BREELAND, BYRD, and BEATTY a leave of absence for the day to attend the inaugural activities.
Announcement was made that Dr. J. Chris Hawk, III of Charleston is the Doctor of the Day for the General Assembly.
Rep. RISER moved to adjourn debate upon the following Bill until Thursday, February 4, which was adopted.
H. 3084 -- Reps. Koon and Sturkie: A BILL TO PROVIDE THAT SCHOOL TAXES MAY NOT BE LEVIED FOR LEXINGTON COUNTY SCHOOL DISTRICT 1 UNLESS THE PROPOSED BUDGET OF THE DISTRICT FOR THE SCHOOL YEAR IS FIRST APPROVED BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE DISTRICT.
The following Bill was taken up.
S. 17 -- Senators Wilson and Lander: A BILL TO AMEND AN ACT OF 1992 BEARING RATIFICATION NUMBER R. 618, SO AS TO PROVIDE THAT ELECTIONS FOR THE SEATS OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON SCHOOL DISTRICT FIVE WHOSE TERMS EXPIRE IN 1993 AND 1994 SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF ACT 1181 OF 1974.
Reps. WRIGHT, RISER, STUART, GAMBLE, SPEARMAN and STURKIE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5214HC.93), which was adopted.
Amend the bill, as and if amended, by striking Section 2 as contained in Section 1, beginning on page one, and inserting:
/SECTION 2. The terms of members in office on the effective date of this act January 1, 1993, which expire in 1993 and 1994 are extended until their successors elected in the general election of 1994 assume office. The terms of members in office on the effective date of this act January 1, 1993, which expire in 1995 and 1996 are extended until their successors elected in the general election of 1996 assume office. The terms of members elected in 1993 are terminated at the time their successors, who must be elected at the time of the 1994 general election, as provided by this act, assume office. The terms of persons elected pursuant to this act begin on the Monday following the certification of the results of the general election./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 22 -- Senator Holland: A BILL TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE TERMS AND MANNER IN WHICH THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION ARE ELECTED BEGINNING IN 1993.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3143 -- Reps. Meacham, Marchbanks, Delleney, Hodges, J. Wilder, Vaughn, Allison, Phillips, Worley, Klauber, Davenport, Simrill, A. Young, Carnell, Felder, Sharpe, Keegan, Harvin, Lanford, J. Harris, Farr, D. Smith, Gamble, Robinson, J. Brown, Walker, Clyborne, McMahand, Baxley, Witherspoon, Trotter, McAbee, R. Smith, Snow, Waldrop, Cato, Tucker, Fulmer, G. Bailey, Inabinett, Williams, Graham, Wilkins, Kelley, Thomas, Quinn, Wofford, Holt, Harwell, Littlejohn, Harrison, Cromer, Moody-Lawrence, Hutson, Wells, Stoddard, McLeod, Sturkie, G. Brown, Kinon, Elliott, Chamblee, Wright, Haskins, P. Harris, Rhoad, Neilson, McCraw, Huff, H. Brown, Stuart, Stone, J. Bailey, McTeer, Law, Kennedy, Harrell, Byrd, Anderson, Hines, Govan, Richardson, Riser, Jaskwhich, Stille, Hallman, Townsend and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL SET ASIDE A ONE-MINUTE PERIOD FOR VOLUNTARY SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
The following Joint Resolution was taken up.
H. 3060 -- Reps. Whipper, Breeland, White, Waites and Cobb-Hunter: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO ESTABLISH A TASK FORCE TO STUDY JUVENILE CRIME AND TO REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR.
Rep. WHIPPER explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Wednesday, February 3, which was adopted.
The following Bill was taken up.
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5211HC.93), which was adopted.
Amend the bill, as and if amended, by striking Subsections (A), (C), and (D) of Section 11-11-140, as contained in Section 1, beginning on page 1, and inserting:
/(A) General Fund appropriations in the annual general appropriations act may not exceed the base revenue estimate as calculated pursuant to Subsection (B) or as adjusted pursuant to Subsection (C).
(C) The base revenue estimate may be increased or decreased (1) by any amendment to the general appropriations bill which affects the Board of Economic Advisers revenue estimate or (2) enacted legislation which affects the Board's estimate, if the board certifies in writing the change in estimated revenue.
(D) (1) To the extent surplus revenues are available after the required restoration of the General Reserve Fund from surplus revenues as provided in Article III, Section 36(A) of the Constitution of this State and Section 11-11-310(B), not less than fifty percent of the available surplus must be appropriated for the purposes provided in Section 11-11-320(C)(2)(a) and (b) and the remainder may be appropriated for nonrecurring purposes.
(2) Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
After studying H. 3010, I realize that I would have liked to have been a co-sponsor of the Bill. As a freshman member, I was unaware of the significance of the Bill.
Rep. WALKER
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, January 27, which was adopted.
H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Education and Public Works.
H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
The following Bill was taken up.
H. 3087 -- Reps. Waites, Quinn, Cromer, Neal, Rogers, Shissias, Harrison and Byrd: A BILL TO AMEND ACT 581 OF 1976 (FORMERLY CODIFIED AS SECTION 51-395.3 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1962, AS AMENDED), RELATING TO THE RECREATION COMMISSION OF RICHLAND COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION BY A MAJORITY OF THE MEMBERS OF THE GOVERNING BODY OF RICHLAND COUNTY RATHER THAN BY A MAJORITY OF THE MEMBERS OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION, AND REDUCE FROM FIVE TO FOUR YEARS THE LENGTH OF THE TERM OF MEMBERS OF THE COMMISSION.
Rep. J. BROWN moved to adjourn debate upon the Bill until Tuesday, January 26.
Rep. WAITES moved to table the motion, which was agreed to by a division vote of 5 to 2.
Rep. J. BROWN moved to table the Bill, which was not agreed to.
The question then recurred to the passage of the Bill on third reading.
The Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3005 -- Rep. Waites: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".
Whereas, there are over one hundred health care facilities in this State; and
Whereas, over fifty thousand people are employed by hospitals in South Carolina; and
Whereas, in addition, there are hundreds of hospital trustees, volunteers, and medical personnel who care about the future of hospitals and health care in this State; and
Whereas, it is widely considered that health care is one of the medical issues facing our State; and
Whereas, by declaring a "Hospital Day" it will give hospital administrators and employees around the State an opportunity to visit the State House and meet with members of their respective legislative delegations. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, is declaring Wednesday, March 24, 1993, as "Hospital Day".
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. HASKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3158 -- Reps. Rudnick, Huff, R. Smith, Stone and Sharpe: A CONCURRENT RESOLUTION CONGRATULATING THE GREEN HORNETS OF AIKEN HIGH SCHOOL ON WINNING THE 1992 CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP.
At 2:45 P.M. the House in accordance with the motion of Rep. KELLEY adjourned in memory of Mr. Paul W. Keegan, brother of Rep. TOM KEEGAN, to meet at 10:00 A.M. tomorrow.
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