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:
As we review in mind's eye our journey together during the past months, we see, Lord, that You have been with us in disappointments and in successes. We thank You for all blessings - small and large, seen and unseen - that You have lavished upon us. You are indeed a gracious God, and we are awed that You would claim us as Your children.
When we are faced with the uncertain future or plagued by the difficult past, reassure us that Your gifts exceed all that we can ask or comprehend. So when the waters have risen up to our necks, speak to us of Your concerns that we may truly find the peace which the world can neither give or take away. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of Sam Muery of Brennun, Texas, father-in-law of Rep. McLEOD, which was agreed to.
The following was received.
June 2, 1993
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Appointment, Dorchester County Master-in-Equity, effective September 1, 1993, with term to expire June 30, 1998:
Patrick Robert Watts, Esquire, 111 Sweetbriar Road, Summerville, S.C. 29485 VICE Honorable Gene Dukes
The SPEAKER ordered the confirmation referred to the Judiciary Committee.
The following was received.
Columbia, S.C., June 2, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Patterson of the Committee of Free Conference on the part of the Senate on H. 3610:
Very respectfully,
President
No. 406
Received as information.
The following was received.
Columbia, S.C., June 2, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Stilwell and Jackson of the Committee of Free Conference on the part of the Senate on, subject to the conditions stipulated in the motion by Senator Williams, H. 3546:
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)
Very respectfully,
President
No. 408
Received as information.
On motion of Rep. WILKINS the House non-concurred in the Senate amendments to the following Concurrent Resolution and a message was ordered sent to the Senate accordingly.
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
On motion of Rep. JENNINGS the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
The Senate returned to the House with amendments the following.
H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.
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. MARCHBANKS, from the Pickens Delegation, submitted a favorable report, on:
H. 4264 -- Reps. Robinson, Marchbanks and Trotter: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN PICKENS COUNTY UNTIL JULY 1, 1994.
Ordered for consideration tomorrow.
June 3, 1993
Mr. Speaker,
My concerns and fears have now been realized more than ever concerning the Department of Social Services Day Care Center regulations.
I request that the following letter from J. Samuel Griswold, Ph.D. Interim Commissioner, be printed in the Journal in hopes that the members can see the damage that will be inflicted on all citizens that are now paying for child care in South Carolina.
It is unconscionable that we have spent more time debating on the House floor the display of marine mammals than the fate of children in South Carolina and their care.
These regulations, in my opinion, were formulated by an agency that wishes to perpetuate its own social agenda without regard to the obvious harm it will have on children, parents and business.
I submit that only "special" interest and not the "average" South Carolina's parents' interests are being served.
Rep. G. RALPH DAVENPORT, JR.
June 3, 1993
Representative G. Ralph Davenport, Jr.
District No. 37 - Spartanburg County
404-D Blatt Building
Columbia, South Carolina 29211
Dear Representative Davenport:
I am in receipt of your letter of May 17, 1993 regarding the recently approved Private and Public Child Day Care Center regulations (Document 1494), requesting relief pursuant to S.C. Code Ann. Section 1-23-126 (1976).
I understand your concerns and appreciate your interest as to how these regulations will impact families and child care providers. To respond adequately to your concerns, I feel I must provide a brief history of the process whereby the 1993 regulations were promulgated.
First, I want to assure you that the new regulations were a result of the combined efforts of a large number of citizens, including day care providers, parents, agencies and interested organizations. South Carolina, prior to passage of the April 23, 1993 regulations, remained at the bottom of the scale in standards for child care. Only one other state had a higher child-staff ratio with regard to infants. South Carolina had minimal qualification and training requirements for staff. In effect, the 1983 regulations provided the most minimal protection for children in out-of-home care.
Drafting of new regulations resulted from parents and citizens expressing their concerns, and members of the General Assembly contacting the Department demanding changes, especially upon receipt of complaints regarding the safety, nutritional needs and overall needs of a child not being met. In addition to citizen concerns, the S.C. Code Ann. Section 20-7-2980 C. (1976) also requires that the regulations be reviewed and updated as necessary at least every three years. Adding to the need for revised regulations was the passage of federal day care legislation, the Child Care Development Block Grant (CCDBG), requiring that states review current regulations within 18 months of the passage of the federal legislation. This review is required of all states participating in receiving federal finds under this legislation.
As a result of these requirements and the need to raise child care to a higher standard in child care facilities, the Department, at the request of the Joint Legislative Committee on Children (JLCC), convened a citizens committee to review and develop regulations for federally funded facilities. This committee was comprised of parents, providers, educators, pediatricians, other child advocate groups, and involved state agencies. At that time, the State Advisory Committee on the Regulation of Child Day Care Facilities, established pursuant to S.C. Code Ann. Section 20-7-3040 (1976), was in the process of revising regulations for private and public facilities not receiving federal dollars. The powers of the State Committee are set out in Sections 20-7-2980, 20-7-3050 and 20-7-3055. Rather that have two sets of regulations, the State Committee was invited to join with the Citizens' Committee on developing a single set of regulations. After much negotiation and compromise among the committees and the Department of Social Services, the Department of Social Services presented the 4 sets of regulations to the Budget and Control Board for approval. Three sets were approved, regulations for public and private child day care centers, religious affiliated programs and family day care homes.
Drafting the regulations was a long and arduous process. Both committees considered cost increases to parents and providers at length. Committee members, including parents and child day care providers, attempted to keep costs as a minimum through a phase-in of the child-staff ratios over a two year period, staggering reduction of the number of children across age categories. This phase-in provides parents and providers the time and opportunity to plan for increases, if any, in the cost of providing care.
Since the Department does not regulate child care fees and the provider costs vary according to center size, location and other demographics, the Department cannot adequately project cost increases. South Carolina had to look to other states which had recently lowered child-staff ratios and conducted follow-up studies of the impact of these changes. Georgia and North Carolina studied the cost impact of the lower child-staff ratios and found cost increases ranging from two dollars to five dollars per week per child. South Carolina providers have estimated increases anywhere from $2.00 to $15.00 per child per week. The increases are based upon profit margin, overhead costs, etc. During regional public meetings held by the Department the week prior to the effective date of the regulations, providers offered to assist the Department in trying to determine the fiscal impact for implementing the regulations.
The Department cannot shirk its statutory responsibility to ensure the safety and health of children in care in places other than their own homes based upon increases projected solely by providers. I recognize costs may be passed onto parents but until the cost impact can be determined, it would be an injustice to our children to delay implementation. However, federal funds are available to assist parents in the cost of child care. The ABC voucher program, work support, transitional and IV-A at-risk funds are available to qualified applicants.
I am also aware of the issue of latchkey children. Staff has informed me that there is an increased and concerted effort on the part of local school districts and other agencies and organizations to offer extended or after school child care to working parents with school-aged children. The problem of latch key children is not a new problem, it is a continuing problem. The extended care, after-school care programs by local school districts and other organizations are aimed specifically at these children.
There appears to be a continuing misconception regarding the indoor play area square footage requirement. The required indoor space of 35 square feet per child has not changed from the 1983 regulations, only the means for calculating the square footage. The space and number of children remain the same. The only change that might occur would be in grouping the children differently to avoid overcrowding in classrooms. Also, infants (under 24 months of age) must remain in infant rooms because of safety regulations specifically addressed by the Fire Marshal's Office. Even under the 1983 regulations, allowable space, which includes storage space and hallways, was not used to determine the number of infants to be served.
In summary, the Department of Social Services must meet its mandate to safeguard and protect our children. The 1993 regulations are the product of a process which far exceeded the Administrative Procedures Act's review requirements. Of course, the regulations were also promulgated in accordance with the Administrative Procedures Act including public notice and hearings, approval by the Budget and Control Board and submission to the General Assembly in April 1992. The regulations were in the hands of state legislators for a little over a year. Department staff has been available at all times to everyone to assist and answer questions. Literally hundreds of pages of information regarding child day care have been compiled and disseminated to citizens and legislators. Staff has spent an infinite number of hours meeting with providers, parents and legislators in an effort to answer questions and provide data supporting the need for specific regulations or changes in the regulations. Therefore, the Department denies your petition to amend Regulation 1494 to change the implementation date of these regulations from April 23, 1993 to September 1, 1994. Amending the regulations would require going through the entire promulgation process again, thereby neutralizing the benefit you seek when you propose to delay the implementation date until September 1, 1994. Additionally, a delay in implementation will delay the much needed and enhanced standards for quality care of children. South Carolina has been remiss in improving child day care for our children for almost a decade. The State must move ahead rather than continue to lag behind.
Sincerely,
J. Samuel Griswold, Ph.D.
Interim Commissioner
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 43 SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT".
Referred to Committee on Judiciary.
H. 4285 -- Reps. Cobb-Hunter and Govan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ORANGEBURG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ORANGEBURG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND PROVIDE FOR OTHER LOCAL ORANGEBURG COUNTY MATTERS.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 377 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was introduced:
H. 4284 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE JOSEPH H. MOORE OF MANNING UPON BEING NAMED PRESIDENT OF THE SOUTH CAROLINA PETROLEUM MARKETERS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4286 -- Rep. Harwell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND FLORENCE COUNTY CHIEF ADMINISTRATIVE JUDGE WILLIAM E. McLEOD ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Cobb-Hunter Cromer Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Lanford Littlejohn Marchbanks McAbee McCraw McElveen McKay McLeod McMahand Meacham Moody-Lawrence Neilson Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, R.
I came in after the roll call and was present for the Session on Thursday, June 3.
Elsie Rast Stuart Ronald P. Townsend Daniel T. Cooper Joseph H. Neal Olin R. Phillips Terry E. Haskins Douglas E. McTeer, Jr. G. Ralph Davenport, Jr. B. Hicks Harwell Dell Baker Herbert Kirsh Molly M. Spearman Timothy F. Rogers John G. Felder James G. Mattos James N. Law Ralph W. Canty Morgan Martin James H. Hodges Roland S. Corning Annette Young William D. Boan Thomas E. Huff Richard M. Quinn, Jr. Larry L. Elliott H. Howell Clyborne, Jr. Larry L. Koon C. Alex Harvin, III
LEAVES OF THE HOUSE GRANTED
The SPEAKER granted Reps. CLYBORNE, BOAN and HODGES a leave of the House due to the Conference Committee meeting.
The SPEAKER granted Rep. J. BROWN a leave of absence for the day.
Reps. BOAN, HUFF, GRAHAM and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, June 1.
Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 25.
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. 801 -- Senators Wilson, Setzler, Ryberg and Lander: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.
The following Bill was taken up.
H. 4272 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JUNE 30, 1994.
Rep. CARNELL explained the Bill.
The Bill was read the second time and ordered to third reading by a division vote of 4 to 0.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE
TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.
S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3744 -- Rep. McElveen: A BILL TO AMEND SECTIONS 8-13-1300 AND 8-13-1314, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES AND CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A CANDIDATE OR ANYONE ACTING ON HIS BEHALF FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP, FIRM, OR NONCANDIDATE COMMITTEE, AS DEFINED IN SECTION 8-13-1300, AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-7-1213, SO AS PROVIDE A TAX CREDIT OF TWENTY-FIVE DOLLARS TO INDIVIDUALS FOR POLITICAL CONTRIBUTIONS.
H. 3889 -- Reps. McAbee and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
The following Bill was taken up.
H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11304AC.93).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 34-31-20 of the 1976 Code is amended to read:
"Section 34-31-20. (A) In all cases of accounts stated and in all cases wherein any in which a sum or sums of money shall must be ascertained and, being due, shall draw interest according to law, the legal interest shall be is at the rate of eight and three-fourths percent per annum prime rate plus two percent per annum beginning from the date of default.
(B) All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the prime rate of fourteen percent plus four percent per annum. The prime rate in effect on January first of each year is the applicable prime rate for legal interest for a money decree or judgment during that year. The prime rate is calculated as the base rate on corporate loans posted by at least seventy-five percent of thirty of the nation's largest banks as published in the Wall Street Journal.
(C) Court administration annually shall compute and distribute to magistrates and clerks of court the appropriate rates of interest in accordance with this section within five business days after the first day of January. At the time a money decree or judgment is enrolled or entered the clerk of court also shall enter the interest rate in effect on that date."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. KELLEY objected to the Bill.
The following Bill was taken up.
S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.
Rep. T.C. ALEXANDER, with unanimous consent, proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7379SD.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 5 and inserting:
/SECTION 5. This act takes effect sixty days after approval by the Governor./
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
Upon the withdrawal of an objection by Rep. D. SMITH, the following Bill was taken up.
H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.
Rep. BAXLEY moved to adjourn debate upon the Bill.
Rep. JENNINGS moved to table the motion.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 59 to 5.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11304AC.93).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 34-31-20 of the 1976 Code is amended to read:
"Section 34-31-20. (A) In all cases of accounts stated and in all cases wherein any in which a sum or sums of money shall must be ascertained and, being due, shall draw interest according to law, the legal interest shall be is at the rate of eight and three-fourths percent per annum prime rate plus two percent per annum beginning from the date of default.
(B) All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the prime rate of fourteen percent plus four percent per annum. The prime rate in effect on January first of each year is the applicable prime rate for legal interest for a money decree or judgment during that year. The prime rate is calculated as the base rate on corporate loans posted by at least seventy-five percent of thirty of the nation's largest banks as published in the Wall Street Journal.
(C) Court administration annually shall compute and distribute to magistrates and clerks of court the appropriate rates of interest in accordance with this section within five business days after the first day of January. At the time a money decree or judgment is enrolled or entered the clerk of court also shall enter the interest rate in effect on that date."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAXLEY spoke against the amendment.
Rep. HOUCK spoke in favor of the amendment.
Rep. DELLENEY objected to the Bill.
On motion of Rep. JENNINGS, with unanimous consent, the entire House staff is to be given a day off at the discretion of the SPEAKER for their many efforts and hard work during this legislative session.
The Senate amendments to the following Bill were taken up for consideration.
H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: 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 PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
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. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.
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.
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
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.
S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.
Rep. McABEE moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3016 -- Reps. P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard and Baxley: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 SO AS TO ENACT THE OMNIBUS ADULT PROTECTION ACT; TO DEFINE TERMS; TO PROVIDE FOR THE DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND THE DIVISION OF OMBUDSMAN AND CITIZEN SERVICES, OFFICE OF THE GOVERNOR, RELATIVE TO ADULT ABUSE, NEGLECT, AND EXPLOITATION; TO DESIGNATE THOSE REQUIRED TO REPORT; TO ESTABLISH REPORTING AND INVESTIGATING PROCEDURES; TO PROVIDE FAMILY COURT PROCEDURES; TO ABROGATE THE HUSBAND-WIFE AND DOCTOR-PATIENT PRIVILEGE IN ADULT ABUSE CASES; TO PROVIDE FOR EMERGENCY REMOVAL OF AN ADULT; TO PROVIDE IMMUNITY FOR GOOD FAITH REPORTING; TO PROVIDE CIVIL AND CRIMINAL PENALTIES; TO CREATE THE ADULT PROTECTION COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 8-17-340, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO REVISE THE STANDARD FOR REVIEWING A CASE INVOLVING ABUSE, NEGLECT, OR EXPLOITATION; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES ADDED BY THIS ACT; AND TO REPEAL SECTION 23-1-220 AND CHAPTERS 29 AND 30 OF TITLE 43.
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 Joint Resolution were taken up for consideration.
H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR;
Rep. WILKINS moved to adjourn debate upon the Senate amendments, which was adopted.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 3568.
H. 3568 -- Reps. Kennedy, Snow and Harvin: A BILL TO AMEND ACT 632 OF 1980, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO DELETE THE PROVISION WHICH LIMITS THE AMOUNT THE BOARD MEMBERS MAY RECEIVE FOR MILEAGE TO NOT MORE THAN TWENTY CENTS A MILE.
Very respectfully,
President
No. 115
The Bill was ordered returned to the Senate.
The following was received from the Senate.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 803:
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993 AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
and asks for a Committee of Conference and has appointed Senators Holland, Land and McConnell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 175
Whereupon, the Chair appointed Reps. WILKINS, CROMER and WHITE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. RHOAD moved immediate cloture on the entire matter.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Baker Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Davenport Fair Farr Gamble Graham Holt Jaskwhich Jennings Kelley Klauber Lanford Marchbanks Martin McAbee McCraw McKay McMahand Meacham Neilson Phillips Rhoad Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Townsend Trotter Tucker Vaughn Waldrop Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Barber Baxley Byrd Canty Cromer Delleney Felder Hallman Harrell Harris, J. Harwell Haskins Hutson Keegan Keyserling Kinon Kirsh Moody-Lawrence Richardson Rogers Scott Thomas Waites
So, immediate cloture was ordered.
The SPEAKER granted Rep. MATTOS a temporary leave of absence.
Reps. RHOAD, RISER and SNOW proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6087SD.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 50-17-105 of the 1976 Code is amended to read:
"Section 50-17-105. It is unlawful for a person or corporation to display a wild caught or captive-bred mammal of the order Cetacean (dolphins and whales). An attempt should be made by the South Carolina Marine Mammal Stranding Network, South Carolina Wildlife and Marine Resources Department, to rehabilitate any living Cetacean that becomes beach stranded. Following rehabilitation the Cetacean must be released into native South Carolina waters within a reasonable time.
A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months.
It is unlawful to display a wild-caught or captive-bred mammal of the order Cetacean (dolphins and whales) unless that person:
(1) has a permit granted under the MMPA 16 U.S.C. Section 1361 et. seq.;
(2) is accredited by the American Association of Zoological Parks and Aquariums;
(3) offers formal educational programs which accurately explain facts about the marine mammals displayed and their environment; and
(4) develops or implements projects designed to enhance the conservation of marine mammals with academic institutions./
Amend title to conform.
Rep. RHOAD explained the amendment.
Rep. CROMER spoke against the amendment.
Rep. RICHARDSON moved to recommit the Bill.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, J. Barber Baxley Byrd Farr Graham Hallman Harrell Harrelson Harris, J. Harwell Haskins Houck Hutson Keegan Keyserling Kinon Kirsh McKay Meacham Moody-Lawrence Neal Richardson Rogers Simrill Thomas Waites Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Cromer Davenport Fulmer Gamble Gonzales Harris, P. Harrison Holt Jaskwhich Jennings Kennedy Klauber Lanford Law Littlejohn Marchbanks McAbee McCraw McLeod Neilson Phillips Rhoad Riser Robinson Sharpe Shissias Smith, R. Snow Spearman Stille Stoddard Stone Sturkie Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Worley Wright Young, R.
So, the House refused to recommit the Bill.
Rep. RICHARDSON raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER stated that the Senate added Section 2 which dealt with Code Section 50-17-105 and that was what the amendment dealt with and he overruled the Point of Order.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 2, which was tabled.
Amend the Bill, as and if amended, as to Section 50-17-105 by requiring regulations for whales in captivity so as to require any whale in captivity to be released into its wild and natural habitat for a 30 day period for every 90 days in captivity.
Rep. RICHARDSON explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 71 to 13.
Rep. RICHARDSON proposed the following Amendment No. 3, which was tabled.
Amend the Bill, as and if amended, as to Section 50-17-105 requiring a license fee of $500,000 per dolphin put into captivity for the purpose of amusement or observation by the public.
Rep. RICHARDSON explained the amendment.
Rep. MEACHAM moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 62 to 13.
Rep. RICHARDSON proposed the following Amendment No. 4, which was tabled.
Amend the Bill, as and if amended, as to Section 50-17-105 by requiring a license fee of $500,000 per whale put into captivity for the purpose of amusement or observation by the public.
Rep. RICHARDSON explained the amendment.
Rep. RHOAD moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 5, which was tabled.
Amend the Bill, as and if amended, as to Section 50-17-105 by requiring regulations pertaining to habitat for dolphins in captivity which will require at least 5,000,000 gallons of aquarium capacity per each dolphin in captivity.
Rep. RICHARDSON explained the amendment.
Rep. KLAUBER moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 6, which was tabled.
Amend the Bill, as and if amended, as to Section 50-17-105 by requiring regulations pertaining to habitat for whales in captivity which will require at least 5,000,000 gallons of aquarium capacity per each whale in captivity.
Rep. RICHARDSON explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 7, which was tabled.
Amend the Bill, as and if amended, as to Section 50-17-105 by requiring regulations for dolphins in captivity so as to require any dolphin in captivity to be released into its natural habitat for a 30 day period for every 90 days in captivity.
Rep. RICHARDSON explained the amendment.
Rep. RHOAD moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 8, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Northern Right Whale Dolphin.
Rep. THOMAS explained the amendment.
Rep. BAKER moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Bailey, G. Baker Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Davenport Fair Fulmer Harris, P. Harrison Hines Holt Huff Jennings Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McLeod Meacham Neilson Rhoad Riser Robinson Sharpe Simrill Smith, R. Snow Stille Stoddard Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, J. Barber Baxley Breeland Byrd Canty Cromer Delleney Felder Gamble Graham Hallman Harrell Harrelson Harris, J. Harwell Haskins Houck Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Mattos McKay McTeer Moody-Lawrence Neal Phillips Richardson Rudnick Sheheen Shissias Spearman Thomas Tucker Waites Whipper Wilder, D. Wilkes
So, the amendment was tabled.
The SPEAKER stated that it had been brought to his attention that someone may have been voted who was not in the chamber.
He then ordered a revote on the motion to table Amendment No. 8.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Anderson Bailey, G. Baker Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Davenport Fair Fulmer Harris, P. Harrison Hines Holt Huff Jaskwhich Jennings Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McLeod Meacham Neilson Rhoad Riser Robinson Sharpe Simrill Smith, R. Snow Stille Stoddard Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Askins Bailey, J. Baxley Canty Cromer Delleney Felder Gamble Graham Hallman Harrell Harrelson Harris, J. Harwell Haskins Houck Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh McKay McTeer Moody-Lawrence Neal Phillips Richardson Rudnick Sheheen Shissias Spearman Thomas Tucker Waites Whipper Wilder, D. Wilkes
So, the amendment was tabled.
I have determined that the member, who was reported as absent and voted, was not absent; rather, the member had voted and then departed the chamber.
ROBERT J. SHEHEEN, Speaker
Rep. THOMAS proposed the following Amendment No. 9, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Spotted Dolphin.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 10, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Atlantic Bottlenose Dolphin.
Rep. THOMAS explained the amendment.
Rep. RHOAD moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Bailey, G. Baker Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Davenport Fair Harris, P. Harrison Hines Holt Huff Jennings Keegan Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McLeod McMahand McTeer Rhoad Riser Robinson Sharpe Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Sturkie Townsend Trotter Tucker Vaughn Walker Wells White Wilder, J. Wilkins Williams Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Bailey, J. Barber Baxley Breeland Canty Cromer Delleney Felder Gamble Hallman Harrell Harris, J. Harwell Haskins Houck Hutson Inabinett Jaskwhich Kelley Keyserling Kinon Kirsh Martin Mattos McKay Meacham Moody-Lawrence Phillips Richardson Rudnick Sheheen Shissias Thomas Waites Whipper Wilder, D. Worley
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 11, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Common Dolphin.
Rep. THOMAS explained the amendment.
Rep. BAKER moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Bailey, G. Baker Carnell Cato Chamblee Cooper Davenport Fair Farr Gonzales Harris, P. Harrison Holt Houck Huff Jennings Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McTeer Rhoad Riser Robinson Sharpe Smith, D. Smith, R. Snow Stoddard Stone Sturkie Trotter Tucker Vaughn Waldrop Walker Wells White Wilder, J. Williams Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Barber Baxley Breeland Byrd Canty Cobb-Hunter Cromer Delleney Felder Gamble Graham Hallman Harrell Harris, J. Harwell Haskins Hines Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kirsh McKay Moody-Lawrence Neal Neilson Richardson Rudnick Sheheen Shissias Simrill Thomas Waites Whipper Wilder, D. Worley
So, the amendment was tabled.
Rep. RICHARDSON moved to continue the Bill until March 15, 1994.
Rep. McTEER raised the Point of Order that the motion to continue until March 15, 1994 was out of order as you cannot move to continue until a special time as Rep. Thomas still had the floor.
The SPEAKER stated that you could not make a motion to continue until a certain time when a member had the floor and he sustained the Point of Order.
Rep. RICHARDSON moved to continue the Bill.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, J. Barber Baxley Breeland Byrd Canty Cobb-Hunter Cromer Delleney Farr Felder Gamble Graham Hallman Harrell Harris, J. Harwell Haskins Houck Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kirsh Martin Mattos McKay McMahand Moody-Lawrence Neal Richardson Rudnick Sheheen Shissias Thomas Tucker Waites Whipper Wilder, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Carnell Cato Chamblee Cooper Corning Davenport Fair Gonzales Harris, P. Harrison Hines Holt Huff Jennings Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McLeod McTeer Meacham Neilson Phillips Rhoad Riser Robinson Sharpe Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to continue the Bill.
Rep. THOMAS proposed the following Amendment No. 12, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Pacific White-Sided Dolphin.
Rep. THOMAS explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Brown, H. Carnell Cato Chamblee Cooper Davenport Fair Farr Harrison Hines Holt Jennings Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McTeer Phillips Rhoad Riser Robinson Sharpe Smith, R. Snow Stille Stoddard Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Williams Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Bailey, J. Baxley Breeland Byrd Canty Cobb-Hunter Cromer Delleney Felder Gamble Hallman Harrell Harris, J. Harwell Haskins Houck Hutson Inabinett Keegan Kelley Kennedy Keyserling Kirsh McKay Meacham Moody-Lawrence Neilson Richardson Rudnick Sheheen Shissias Simrill Spearman Thomas Tucker Waites Whipper Wilder, D. Worley
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 13, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Short-Finned Pilot Whale.
Rep. THOMAS explained the amendment.
Rep. STURKIE moved to table the amendment.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Baker Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Davenport Fair Farr Fulmer Gonzales Harris, P. Harrison Hines Holt Huff Jennings Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McTeer Neilson Phillips Rhoad Riser Robinson Sharpe Smith, R. Snow Spearman Stille Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Williams Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Bailey, J. Baxley Breeland Byrd Canty Cobb-Hunter Cromer Delleney Felder Gamble Graham Hallman Harrell Harris, J. Haskins Hutson Inabinett Jaskwhich Keegan Kelley Keyserling McKay Moody-Lawrence Neal Richardson Rudnick Sheheen Shissias Thomas Tucker Waites Whipper Wilder, D. Worley
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 14, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Killer Whale.
Rep. THOMAS explained the amendment.
Rep. STURKIE moved to table the amendment.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey, G. Baker Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cooper Davenport Fair Farr Fulmer Gonzales Harrison Hines Holt Huff Keegan Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McTeer Phillips Rhoad Riser Robinson Sharpe Smith, R. Snow Spearman Stille Stoddard Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Wilkins Williams Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Bailey, J. Barber Baxley Breeland Byrd Canty Cobb-Hunter Corning Cromer Delleney Gamble Graham Hallman Harrell Harris, J. Harvin Harwell Hutson Inabinett Jaskwhich Kelley Keyserling Kirsh McKay Moody-Lawrence Neal Richardson Rudnick Sheheen Shissias Thomas Tucker Waites Whipper Wilder, D. Worley
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 15, which was tabled.
Amend the Bill, as and if amended, by banning the display of the False Killer Whale.
Rep. THOMAS explained the amendment.
Rep. STURKIE moved to table the amendment.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Bailey, G. Baker Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cooper Davenport Fair Fulmer Gonzales Harris, P. Harrison Holt Huff Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McTeer Rhoad Riser Robinson Sharpe Smith, D. Smith, R. Snow Spearman Stille Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells Wilder, J. Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Barber Baxley Canty Cromer Delleney Felder Gamble Hallman Harrell Harris, J. Harvin Harwell Houck Hutson Inabinett Keegan Kelley Keyserling Kirsh McElveen McKay Neilson Phillips Richardson Rudnick Shissias Thomas Tucker Waites Whipper Worley
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 16, which was tabled.
Amend the Bill, as and if amended, by banning the display of the Beluga Whale.
Rep. THOMAS explained the amendment.
Rep. BAKER spoke against the amendment.
Rep. WELLS moved to table the amendment, which was agreed to.
The motion of Rep. CROMER to reconsider the vote whereby Amendment No. 1 was adopted was taken up.
Reps. CROMER and RICHARDSON spoke in favor of the motion to reconsider.
Rep. RHOAD moved to table the motion.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Baker Beatty Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cooper Davenport Farr Fulmer Gonzales Harrelson Harris, P. Harrison Hines Holt Huff Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McMahand McTeer Neilson Phillips Quinn Rhoad Riser Robinson Sharpe Smith, D. Smith, R. Snow Spearman Stille Stone Sturkie Townsend Trotter Vaughn Waldrop Walker Wells White Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Askins Bailey, J. Barber Baxley Breeland Cobb-Hunter Cromer Delleney Elliott Felder Gamble Govan Hallman Harrell Harwell Haskins Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh McElveen Meacham Moody-Lawrence Neal Richardson Rogers Rudnick Scott Sheheen Simrill Thomas Tucker Waites Whipper Wilder, D.
So, the motion to reconsider was tabled.
Rep. HASKINS spoke against the Bill.
Rep. BAKER spoke in favor of the Bill.
Rep. HASKINS moved to continue the Bill.
Rep. CARNELL raised the Point of Order that the motion to continue the Bill was out of order as cloture had been invoked and the only thing left to do was to debate the Bill.
The SPEAKER stated that there was no other vote to take on the Bill and only debate was left and there was no other action to take since the House had amended the Bill and he sustained the Point of Order.
Rep. HARWELL spoke against the Bill.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Reps. BOAN and HODGES gave an updated report on the Conference Committee's progress on the budget, H. 3610.
Rep. McABEE moved to waive Rule 6.1, which was agreed to.
Reps. BOAN and HODGES continued speaking.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Reps. WILKES and D. SMITH spoke in favor of granting free conference powers.
Rep. WALKER spoke against granting free conference powers.
Rep. KIRSH spoke in favor of granting free conference powers.
The yeas and nays were taken on granting free conference powers resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Barber Baxley Beatty Boan Breeland Brown, H. Byrd Canty Carnell Chamblee Clyborne Cobb-Hunter Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Tucker Waites Waldrop Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Baker Brown, G. Cato Cooper Davenport Jaskwhich Meacham Robinson Walker
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, HODGES and CLYBORNE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. J. BAILEY moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3568, and the Bill having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 3568 -- Reps. Kennedy, Snow and Harvin: A BILL TO AMEND ACT 632 OF 1980, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO DELETE THE PROVISION WHICH LIMITS THE AMOUNT THE BOARD MEMBERS MAY RECEIVE FOR MILEAGE TO NOT MORE THAN TWENTY CENTS A MILE.
Very respectfully,
President
No. 082
Received as information.
Rep. GONZALES 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. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Cooper Delleney Fair Farr Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Thomas Trotter Tucker Vaughn Waites Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Williams Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
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. GONZALES, SCOTT and TUCKER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I wish to be recorded as voting in favor of granting free conference powers on S. 31.
Rep. JOHN L. SCOTT, JR.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass by striking all after the enacting words and inserting:
/SECTION 1. Section 6-11-70(C) of the 1976 Code, as added by an act 1993 bearing ratification number 109, is amended to read:
"(C) The provisions of this section subsection (A) do not apply to districts in counties that have adopted, by ordinance, uniform election dates for districts within those counties before the effective date of this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas L. Moore /s/Stephen E. Gonzales /s/Greg Smith /s/John W. Tucker, Jr. /s/Ty Courtney /s/John L. Scott, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Leatherman and Elliott of the Committee of Conference on the part of the Senate on S. 700:
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Very respectfully,
President
No. 452
Received as information.
Rep. McLEOD 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. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Baxley Breeland Brown, G. Brown, H. Byrd Cato Chamblee Cooper Davenport Delleney Fair Farr Gamble Govan Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Littlejohn Marchbanks Mattos McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Snow Stille Stoddard Stone Trotter Tucker Vaughn Walker Wells Whipper Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference in to a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved in to a Committee of Free Conference, the SPEAKER appointed Reps. McLEOD, G. BAILEY and GOVAN 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. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
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 SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 40-57-155. As a condition of license renewal, a broker or sales agent must satisfactorily complete eight hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission. The eight hours must include a minimum of two hours of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the eight-hour requirement before returning to active status.
The commissioner shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.
Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:
(1) an annual filing fee of fifteen dollars;
(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement;
(3) a fee of one hundred dollars for each course approved;
(4) a fee of one hundred dollars for each instructor approved;
(5) a fee of fifty dollars for each course approval renewal;
(6) a fee of fifty dollars for each instructor approval renewal.
The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.
This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.
All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law.
A licensee upon reaching the age of sixty-five, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section." /
Amend title to conform.
/s/John C. Land, III /s/E.B. McLeod, Jr. /s/Hugh K. Leatherman /s/George H. Bailey /s/Dick Elliott /s/Jerry N. Govan, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3043:
H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
and asks for a Committee of Conference and has appointed Senators Holland, Hayes and Peeler of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 176
Whereupon, the Chair appointed Reps. GRAHAM, SIMRILL and JENNINGS 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 from the Senate.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3135:
H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: 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 PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
and asks for a Committee of Conference and has appointed Senators Holland, Stilwell and Courtney of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 149
Whereupon, the Chair appointed Reps. CORNING, THOMAS and TUCKER 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 3, 1993
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. 589:
S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 656:
S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 619:
S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 66:
S. 66 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-60-20, 40-60-30, 40-60-40, 40-60-50 THROUGH 40-60-80, 40-60-100, 40-60-120 THROUGH 40-60-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROVIDE CERTAIN DEFINITIONS; ESTABLISH PARAMETERS FOR PRACTICE BY STATE LICENSED REAL ESTATE APPRAISERS, STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS AND APPRAISER APPRENTICES; PROVIDE FOR COMPOSITION OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD; PROVIDE FOR APPLICATION, LICENSURE, PERMITTING AND CONTINUING EDUCATION FEES FOR APPRAISER APPRENTICES, STATE REGISTERED REAL ESTATE APPRAISERS, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISERS; TO PROVIDE FOR QUALIFICATIONS, CRITERIA FOR INDIVIDUALS TO BECOME LICENSED, PERMITTED, REGISTERED OR CERTIFIED TO PRACTICE IN THE AREA OF REAL ESTATE APPRAISAL; TO PROVIDE FOR REGULATORY AND INVESTIGATORY AUTHORITY OF THE STATE REAL ESTATE APPRAISERS BOARD; TO AMEND CHAPTER 60, TITLE 40 OF THE 1976 CODE, RELATING TO REAL ESTATE APPRAISERS, BY ADDING SECTION 40-60-145, SO AS TO REQUIRE THAT THE REAL ESTATE APPRAISERS BOARD ADOPT THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE AS ITS OPERATING GUIDE; AND TO AMEND SECTIONS 40-60-150 THROUGH 40-60-170 AND 40-60-190 THROUGH 40-60-210, RELATING TO REAL ESTATE APPRAISERS, SO AS TO ESTABLISH COMPLAINT INVESTIGATION PROCEDURES FOR THE BOARD; AND TO PROVIDE FOR REGULATION OF THE USE OF THE TITLES OF APPRAISER APPRENTICE, STATE REGISTERED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 648:
S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3553, and requests that proper notation be recorded on the Bill.
H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.
Very respectfully,
President
No. 081
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.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Leatherman and Elliott of the Committee of Conference on the part of the Senate on H. 3636:
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Very respectfully,
President
No. 453
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 644:
S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 707:
S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 549:
S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 608:
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 537:
S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
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. 455:
S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Leatherman and Elliott of the Committee of Free Conference on the part of the Senate on S. 700:
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Very respectfully,
President
No. 454
Received as information.
On motion of Rep. WILKINS the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
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.
The Senate returned to the House with amendments the following:
H. 4211 -- Reps. Cooper, Townsend, Stille, Chamblee and P. Harris: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO 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 following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 700:
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Very respectfully,
President
No. 226
Received as information.
The Senate returned to the House with amendments the following:
H. 4081 -- Reps. Boan and Wilkins: A BILL TO ENACT THE "STATE GOVERNMENT ACCOUNTABILITY AND REFORM ACT OF 1993" INCLUDING PROVISIONS TO AMEND SECTION 2-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ADVERTISE FOR ARCHITECTURAL AND ENGINEERING SERVICES PRIOR TO BOARD APPROVAL OF THE PROJECT SO LONG AS THE ARCHITECTURAL AND ENGINEERING CONTRACT IS NOT AWARDED UNTIL AFTER A STATE PROJECT NUMBER HAS BEEN ASSIGNED; TO ADD SECTION 2-47-55 SO AS TO ESTABLISH THE ANNUAL PERMANENT IMPROVEMENT PROGRAM (APIP) REGARDING AN AGENCY'S PERMANENT IMPROVEMENT PROJECTS AND PROVIDE FOR THE APPROVAL OR DISAPPROVAL OF THE APIP; TO ADD SECTION 2-47-56 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ACCEPT GIFTS-IN-KIND FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION WITH ONLY STAFF LEVEL REVIEW BY THE COMMISSION ON HIGHER EDUCATION, THE JOINT BOND REVIEW COMMITTEE, AND THE BUDGET AND CONTROL BOARD; TO ADD SECTION 8-1-15 SO AS TO MANDATE THE ESTABLISHMENT OF COMPLIANCE AND ACCOUNTABILITY PROGRAMS BY EACH HIGHER EDUCATION INSTITUTION AND STATE AGENCY, AND PROVIDE THAT THE STATE AUDITOR SHALL ANNUALLY AUDIT THE INSTITUTION'S OR AGENCY'S PROGRAMS AND THAT THE BUDGET AND CONTROL BOARD SHALL REVIEW THE AUDIT REPORT AND MAY TAKE CERTAIN CORRECTIVE ACTION WHEN PROGRAM WEAKNESSES ARE NOT REMEDIED; TO ADD SECTION 8-11-15 SO AS TO ESTABLISH A MINIMUM THIRTY-SEVEN AND ONE-HALF HOUR WORKWEEK FOR AGENCY AND INSTITUTION EMPLOYEES WHO WORK FULL TIME, AND ALLOW THE USE OF ALTERNATIVE SCHEDULING TO MEET THE AGENCY'S OR INSTITUTION'S SERVICE NEEDS; TO AMEND SECTION 8-17-330, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE PROCUREMENT CODE, SO AS TO REVISE THE DEFINITION OF "TERM CONTRACT" TO ALLOW STATE AGENCIES AND INSTITUTIONS TO PROCURE GOODS AND SERVICES FROM SOURCES OTHER THAN THE STATE'S TERM CONTRACTS WHEN IT IS MORE ECONOMICAL FOR THE AGENCY OR INSTITUTION; TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO EXEMPT CERTAIN RENOVATIONS OR CONSTRUCTION OF SPACE FOR GRANT FUNDED RESEARCH PROJECTS; TO ADD SECTION 11-35-835 SO AS TO REQUIRE THE STATE ENGINEER OFFICE TO COMPLETE CERTAIN REVIEWS WITHIN A SPECIFIED TIME, AND PROVIDE THAT THE STATE ENGINEER'S APPROVAL IS ASSUMED IF THE REVIEW IS NOT COMPLETED WITHIN THE PRESCRIBED TIME PERIODS; TO ADD SECTION 11-35-845 SO AS TO ALLOW THOSE GOVERNMENTAL BODIES WHICH HAVE TOTAL MANAGEMENT CAPABILITY TO OVERSEE THE ADMINISTRATION OF PERMANENT IMPROVEMENT PROJECTS; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO REQUIRE THAT COMPETITIVE SEALED BIDDING MUST BE USED FOR CONTRACTS AMOUNTING TO FIFTY THOUSAND DOLLARS OR MORE; TO AMEND SECTION 11-35-1550, RELATING TO SMALL PURCHASES, SO AS TO ESTABLISH THE PROCEDURES WHICH MUST BE USED FOR SMALL PURCHASES VALUED AT FIFTY THOUSAND DOLLARS OR LESS; TO ADD SECTION 11-35-1825 SO AS TO DIRECT THE DIVISION OF GENERAL SERVICES TO ESTABLISH A PROCEDURE FOR PRE-QUALIFYING BIDDERS ON CONSTRUCTION PROJECTS; TO AMEND SECTION 11-35-2010, RELATING TO TYPES AND FORMS OF CONTRACTS, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ENTER INTO RENTAL CONTRACTS FOR EQUIPMENT, WITHOUT USE OF THE STATE'S STANDARD EQUIPMENT FORM, WHEN THE EQUIPMENT IS VALUED AT TEN THOUSAND DOLLARS OR LESS AND THE CONTRACT DOES NOT EXCEED NINETY DAYS; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO NEGOTIATE WITH THE LOW BIDDER ON A CONSTRUCTION CONTRACT WHEN THE BID EXCEEDS AVAILABLE FUNDS BY NOT MORE THAN FIVE PERCENT AND TO REVISE THE METHOD OF LISTING SUBCONTRACTORS FOR CONSTRUCTION BIDS; TO ADD SECTION 11-35-3025 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO APPROVE CHANGES IN ARCHITECTURAL AND ENGINEERING CONTRACTS AND CONSTRUCTION CONTRACTS WITHOUT THE APPROVAL OF THE STATE ENGINEER ONLY WHEN THE CHANGE DOES NOT ALTER THE PROJECT'S SCOPE AND DOES NOT EXCEED THE PROJECT'S BUDGET; TO AMEND SECTION 11-35-3030, RELATING TO BOND AND SECURITY, SO AS TO ALLOW AN AGENCY OR INSTITUTION TO REQUIRE BID SECURITY FOR CONSTRUCTION CONTRACTS VALUED AT ONE HUNDRED THOUSAND DOLLARS OR LESS IF THE AGENCY OR INSTITUTION DEEMS IT NECESSARY TO PROTECT THE BID, AND TO ALLOW BID SECURITY FOR CONSTRUCTION CONTRACTS OF ONE HUNDRED THOUSAND DOLLARS OR FEES TO BE WAIVED; TO AMEND SECTION 11-35-3230, RELATING TO EXCEPTIONS TO THE PROCUREMENT CODE FOR CERTAIN TYPES OF CONTRACTS, SO AS TO ALLOW HIGHER EDUCATION INSTITUTIONS OR STATE AGENCIES TO PROCURE SMALL DOLLAR ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT THE APPROVAL OF THE STATE ENGINEER WHEN THE CONTRACT IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS; TO AMEND SECTION 11-35-4210, RELATING TO AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS, SO AS TO REVISE THE PROTEST PROVISIONS OF THE PROCUREMENT CODE BY ALLOWING THE IMPOSITION OF SANCTIONS FOR PROTESTS WHICH ARE FRIVOLOUS, AND PROVIDE THAT A PROTEST BOND OR SECURITY MUST ACCOMPANY A PROTEST; AND TO AMEND SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGET OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO SUBMIT SUMMARY BUDGETS TO THE COMMISSION ON HIGHER EDUCATION INSTEAD OF HAVING TO SUBMIT LINE-ITEM BUDGETS.
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. 4232 -- Reps. Jennings and Neilson: A BILL TO AMEND SECTION 7-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MARLBORO COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
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. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.
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 received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3610:
Very respectfully,
President
No. 167
Received as information.
Rep. WILKINS moved that the Committee of Conference on the following Concurrent Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Byrd Carnell Cato Chamblee Cobb-Hunter Cromer Delleney Fair Farr Felder Gamble Gonzales Govan Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines Holt Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Smith, R. Spearman Stille Stoddard Stone Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Brown, G. Cooper Davenport Littlejohn Meacham Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKINS, WHITE and CROMER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
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 concurrent resolution, as and if amended, by striking all after the resolving words and inserting:
/That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on Thursday, June 3, 1993, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:
(1) When the respective Houses of the General Assembly adjourn on Thursday, June 3, 1993, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 7, 8, 9, 10, and 11, 1993, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, provided that, the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 10, 1993, for the ratification of acts which have been enrolled prior to that date;
(2) When the General Assembly adjourns on Friday, June 11, it shall stand adjourned subject to the President Pro Tempore of the Senate and the Speaker of the House calling their respective bodies into statewide session not later than 11:00 a.m., Monday, June 14, 1993 to continue in session, if necessary, through 4:00 p.m., Friday, June 18, 1993 for the consideration of gubernatorial vetoes, the receipt and/or confirmation of appointments, ratification of acts, consideration of local matters where the affected delegation is unanimous and the receipt and/or consideration of the conference and free conference reports and to provide that when the respective bodies of the General Assembly adjourn on Friday, June 18, 1993 not later than 4:00 p.m. they shall stand adjourned to meet in statewide session at 11:00 a.m. on Friday, June 25, 1993 for the exclusive purpose of the consideration of gubernatorial vetoes and continue in session thereafter, as necessary, to adjourn SINE DIE not later than 5:00 p.m. on Tuesday, June 29, 1993./
/s/Donald H. Holland /s/David H. Wilkins /s/John C. Land, III /s/Juanita M. White /s/Glenn F. McConnell /s/James L.M. Cromer, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted by the necessary vote and a message was ordered to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Rep. BAXLEY spoke against the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4287 -- Reps. J. Bailey, Barber, Harrell, Fulmer, Hallman, Whipper, Breeland, Gonzales, R. Young and Holt: A BILL TO AMEND SECTION 54-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON AND THEIR APPOINTMENT, TERMS, AND VACANCIES, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSIONERS OF PILOTAGE FROM FIVE TO SIX.
Rep. J. BAILEY moved to waive Rule 5.12, which was agreed to by a division vote of 16 to 1.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4289 -- Reps. Stoddard, Carnell and D. Wilder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN LAURENS COUNTY UNTIL JULY 1, 1994.
On motion of Rep. STODDARD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The Senate sent to the House the following:
S. 823 -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND FLORENCE COUNTY CHIEF ADMINISTRATIVE JUDGE WILLIAM E. McLEOD ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4290 -- Reps. Hines and McKay: A HOUSE RESOLUTION TO CONGRATULATE THE TIMMONSVILLE HIGH SCHOOL BASEBALL TEAM ON WINNING THE 1993 STATE CLASS A CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 4291 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE DESK STAFF FOR THEIR EXCELLENT WORK AND LOYALTY DURING THE 1993 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4292 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE EMPLOYEES OF THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING THE 1993 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4293 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, THE TOUR GUIDE STAFF, AND THE STATE HOUSE NURSES FOR THEIR DEDICATED HARD WORK DURING THE 1993 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4294 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE STAFF OF WORD PROCESSING OF THE HOUSE OF REPRESENTATIVES FOR THEIR EXCELLENT WORK DURING THE 1993 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4295 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE ACCOUNTING STAFF OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING WORK THEY RENDERED DURING THE 1993 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4296 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION TO COMMEND AND THANK LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES FOR THEIR VALUABLE SUPPORT SERVICES DURING THE 1993 SESSION.
The Resolution was adopted.
The following was introduced:
H. 4297 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION TO COMMEND AND THANK LEGISLATIVE INFORMATION SYSTEMS FOR THEIR VALUABLE SUPPORT SERVICES DURING THE 1993 SESSION.
The Resolution was adopted.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference and the report having been adopted by both Houses has ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 168
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Courtney and Greg Smith of the Committee of Free Conference on the part of the Senate on S. 31:
S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
Very respectfully,
President
No. 409
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 31:
S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
Very respectfully,
President
No. 227
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.
The House stood at ease subject to the call of Chair.
At 4:35 P.M. the House resumed, the SPEAKER in the Chair.
The following was received from the Senate.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3151:
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.
and asks for a Committee of Conference and has appointed Senators Holland, Stilwell and Courtney of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 301
Whereupon, the Chair appointed Reps. WILKINS, BEATTY and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. INABINETT withdrew his objection to H. 3246 however, other objections remained upon the Bill.
Rep. INABINETT withdrew his objection to H. 3421 however, other objections remained upon the Bill.
Rep. INABINETT withdrew his objection to H. 3387 however, other objections remained upon the Bill.
Rep. JENNINGS 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.
H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Baker Barber Baxley Brown, G. Brown, H. Byrd Carnell Cato Cobb-Hunter Cromer Delleney Elliott Fair Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, P. Harrison Harvin Haskins Hines Houck Huff Hutson Inabinett Jennings Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stoddard Stone Trotter Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
So, Free Conference Powers were rejected.
Rep. JENNINGS 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.
H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Byrd Carnell Cato Clyborne Cobb-Hunter Cromer Davenport Delleney Elliott Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Thomas Townsend Trotter Vaughn Waites Waldrop Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
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. JENNINGS, SIMRILL and GRAHAM to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. McMAHAND withdrew his objection to H. 3264 however, other objections remained upon the Bill.
Rep. HUTSON asked unanimous consent to recall the Master-in-Equity Appointment from the Judiciary Committee.
Rep. G. BAILEY objected.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 599, and requests that proper notation be recorded on the Bill.
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Very respectfully,
President
No. 83
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Land and McConnell of the Committee of Free Conference on the part of the Senate on S. 803:
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993 AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
Very respectfully,
President
No. 410
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted Senators Holland, Hayes and Peeler of the Committee of Free Conference on the part of the Senate on H. 3043:
H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
Very respectfully,
President
No. 456
Received as information.
The following was received.
Columbia, S.C., June 3, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 803:
S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.
Very respectfully,
President
No. 169
Received as information.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4169 -- Reps. McLeod, Harrelson, Baker, Harrison, Hutson, Riser, Witherspoon, Wilkins, J. Bailey, Byrd, Cromer, Neilson, Thomas, Graham, Inabinett, Moody-Lawrence, Wells, Allison, Wright, Klauber, T.C. Alexander, Harrell, G. Bailey, P. Harris, Kinon, Lanford, Walker, Waites, Meacham, Stille, Houck, Carnell, Chamblee, Robinson, Gonzales, Hines, G. Brown, Felder, Meacham, Kennedy, Harwell, Simrill, R. Smith, Harvin, Tucker, Kelley, Stone, Cooper, McMahand, Sturkie, Townsend, Holt, Stuart, Neal, Vaughn, Shissias, Haskins, D. Smith, Richardson, and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE BUDGET AND CONTROL BOARD, DIVISION OF HUMAN RESOURCE MANAGEMENT, TO UNDERTAKE A STUDY OF THE EMPLOYEES OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 18, 1994.
H. 4282 -- Rep. Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM FOR WINNING A FIRST PLACE GOLD MEDAL AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE AND TO COMMEND THEM FOR THEIR DEDICATION, DILIGENCE, AND HARD WORK.
H. 4284 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE JOSEPH H. MOORE OF MANNING UPON BEING NAMED PRESIDENT OF THE SOUTH CAROLINA PETROLEUM MARKETERS ASSOCIATION.
H. 4286 -- Rep. Harwell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND FLORENCE COUNTY CHIEF ADMINISTRATIVE JUDGE WILLIAM E. McLEOD ON THE OCCASION OF HIS RETIREMENT.
At 4:55 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Sam Muery of Brennun, Texas, father-in-law of Rep. McLEOD, and in accordance with S. 803 (Sine Die Adjournment Resolution), adjourned to meet at 10:00 A.M., Monday, June 7, in Local Session.
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