Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Seeing this day as a gift from You, Lord, we pray that we will use it well. We know that we can either waste it, or make profitable use of it. So lead us to use it for gain, not loss; good, and not evil; success, and not failure. Make us to know that tomorrow, today will be yesterday, gone with its opportunities forever. Lead us, then, "into paths of righteousness for Your Name's sake" that we may be a lasting blessing to our fellowbeings, and pleasing and acceptable to You.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. H. BROWN moved that when the House adjourns, it adjourn in memory of E. Chandler Owens, Jr., which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1727
Promulgated By Budget and Control Board
Consolidated Procurement Code
Received By Speaker February 14, 1994
Referred to House Committee on Ways and Means
120 Day Review Expiration Date January 21, 1995
The following was received.
Document No. 1594
Promulgated By the Board of Occupational Therapy
Organization of the Board, Officers, Consultation, Limited Permits, Application, Reciprocity, Renewal, Restored License, Fees, Ethics and Aides
Received By Speaker September 24, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 11, 1994
Withdrawn February 9, 1994
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4389 -- Reps. J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin and Corning: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4729 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MR. CECIL WILLIAMS, INTERNATIONALLY KNOWN PHOTOGRAPHER FOR HIS PHOTO DOCUMENTARY WORK ON THE CIVIL RIGHTS ERA "FOR FREEDOM AND JUSTICE" AND THE SHOWING OF HIS WORKS IN THE SOUTH CAROLINA STATE UNIVERSITY EXHIBIT, "QUIET HEROES: A DOCUMENTATION OF THE CIVIL RIGHTS ERA FROM 1949 THROUGH THE PRESENT."
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1171 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1176 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MISS SONYA BELL OF CHESTER COUNTY FOR THE MANY HONORS AND ACCOLADES SHE HAS RECEIVED AS AN ATHLETE, AS A SCHOLAR AND A PUBLIC SPIRITED CITIZEN OF OUR STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1177 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. MARION M. THOMAS, DISTINGUISHED MEMBER OF THE CHESTER COUNTY COUNCIL FOR OVER THIRTY YEARS
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4730 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL BONDSMEN MAINTAINING DEPOSITS WITH CLERKS OF COURT, SO AS TO PROVIDE THAT DEPOSITS IN THE FORM OF PLEDGES OF THE VALUE OF REAL ESTATE IN SOUTH CAROLINA MUST BE BASED UPON THE APPRAISED VALUE RATHER THAN THE ASSESSED VALUE OF THE PROPERTY.
Referred to Committee on Judiciary.
H. 4731 -- Rep. Rogers: A BILL TO AMEND SECTION 44-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES THAT A PHYSICIAN MAY CHARGE FOR MAKING COPIES OF MEDICAL RECORDS, SO AS TO INCLUDE HOSPITALS, HEALTH CARE FACILITIES, AND OTHER HEALTH CARE PROVIDERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
On motion of Rep. RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4733 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE FOR THE DEPOSIT OF MONIES RECEIVED BY A PROPERTY MANAGER, OR BY A BROKER, AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION, AND PROVIDE THAT THE MONIES DEPOSITED IN ACCORDANCE WITH THIS SECTION MUST REMAIN WHERE DEPOSITED UNTIL CONSUMMATION OR TERMINATION OF THE TRANSACTION, WHEN THE BROKER SHALL MAKE A FULL ACCOUNTING TO HIS PRINCIPAL.
Referred to Committee on Labor, Commerce and Industry.
H. 4734 -- Rep. Clyborne: A BILL TO AMEND SECTION 59-63-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR WHICH A SCHOOL BOARD OF TRUSTEES MAY EXPEL OR SUSPEND PUPILS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF A DISTRICT SHALL EXPEL ANY STUDENT WHO WAS IN POSSESSION OF A PISTOL OR HANDGUN ON SCHOOL PROPERTY, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS EXPULSION, AND TO PROVIDE THAT THIS EXPULSION SHALL BE IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW.
Referred to Committee on Education and Public Works.
H. 4735 -- Reps. Anderson and McMahand: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT CHILDREN OF VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART ALSO ARE ENTITLED TO FREE TUITION.
Referred to Committee on Ways and Means.
H. 4736 -- Reps. Gamble, Quinn, Sturkie, Stuart, Waites, Shissias, Harrison, Koon, Wright, Riser, Neal, Cromer and J. Brown: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY DEPARTMENTS AND BOARDS OF SOCIAL SERVICES, SO AS TO INCREASE FROM THREE TO FOUR THE TERM OF MEMBERS OF THE COUNTY BOARD, LIMIT A MEMBER OF THE BOARD TO TWO CONSECUTIVE TERMS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.
On motion of Rep. GAMBLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
On motion of Rep. GAMBLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4739 -- Reps. Hines, Inabinett, Neilson, McKay, Harwell, Corning, Anderson, Harrelson, McLeod, Rhoad, R. Smith, Vaughn, McMahand, Boan, Govan, Snow, Beatty, Elliott, Breeland, M.O. Alexander, Moody-Lawrence and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO SIGN A STATEMENT THAT THE ITEMS PURCHASED ARE FOR EXEMPT PURPOSES, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH A STATEMENT MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE.
Referred to Committee on Ways and Means.
H. 4740 -- Reps. Corning and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-95 SO AS TO PROVIDE THAT A VULNERABLE ADULT MAY NOT BE CONSIDERED ABUSED OR NEGLECTED IF BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT IN ACCORDANCE WITH PRACTICES OF A RECOGNIZED CHURCH INSTEAD OF MEDICAL TREATMENT.
Referred to Committee on Judiciary.
H. 4741 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Referred to Committee on Education and Public Works.
H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MAXIMUM AGE REQUIREMENT; AND TO AMEND SECTION 20-7-2195, AS AMENDED, RELATING TO TRANSFER OF CHILDREN TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO REDUCE THE AGE TO SIXTEEN OF CHILDREN WHO MAY BE TRANSFERRED.
Referred to Committee on Judiciary.
H. 4744 -- Reps. Robinson, Trotter and Marchbanks: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THE FEE BY FIFTY DOLLARS TO BE REMITTED TO THE LAW ENFORCEMENT AGENCY THAT INITIATED THE CASE.
Referred to Committee on Ways and Means.
On motion of Rep. CORNING, with unanimous consent, the following was taken up for immediate consideration:
H. 4743 -- Rep. Corning: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THE TEAM'S FACULTY ADVISER ON WEDNESDAY, FEBRUARY 16, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CERTAIN ACHIEVEMENTS.
Be it resolved by the House of Representatives:
That Richland Northeast High School's Model United Nations Team and the team's faculty adviser are extended the privilege of the floor of the House of Representatives on Wednesday, February 16, 1994, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for certain achievements.
The Resolution was adopted.
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. Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Fair Farr Fulmer Gamble Govan Hallman Harrell Harrelson Harris, P. Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, February 15.
Timothy C. Wilkes Thomas N. Rhoad Jean L. Harris Douglas Jennings, Jr. Robert A. Barber, Jr. G. Ralph Davenport, Jr. B. Hicks Harwell Roger M. Young Bessie Moody-Lawrence John G. Felder C. Lenoir Sturkie Larry L. Elliott Lindsey O. Graham Morgan Martin Joseph T. McElveen, Jr. C. Alex Harvin, III Eugene C. Stoddard James H. Harrison
LEAVES OF ABSENCE
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. BYRD a leave of absence to attend a relative's funeral.
Announcement was made that Dr. Stanley C. Baker of Greenwood, is the Doctor of the Day for the General Assembly.
Rep. SHARPE arose to a Point of Personal Privilege.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, February 17, which was adopted.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
H. 4464 -- Rep. Waldrop: A BILL TO AMEND SECTION 24-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO PERMIT THE SALE OF HOGS.
H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: A BILL TO AMEND SECTION 50-13-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TROTLINES, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE.
The following Bill was read the third time, passed and, 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.
S. 532 -- Senators Wilson, Bryan, Giese and Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.
Rep. R. YOUNG moved to adjourn debate upon the following Bill until Tuesday, February 22, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
The following Bill was taken up.
H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10886JM.94), which was adopted.
Amend by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 58-9-575. (A) Notwithstanding any other provision of this chapter, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of a telephone utility or upon the commission's own motion, consider, in lieu of the procedures provided in this chapter, alternative means of regulating that telephone utility. If the commission determines that a telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives, including, but not limited to, equitable sharing of earnings between a telephone utility and its customers, consistent with the provisions of this chapter.
(B) The commission shall review and may authorize implementation of an alternative regulatory plan if it finds, after notice and hearing, that the substantial evidence of record shows that the plan:
(1) is consistent with the public interest;
(2) does not jeopardize the availability of reasonably affordable and reliable telecommunications services;
(3) provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;
(4) will reduce regulatory delay and costs;
(5) provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;
(6) includes safeguards that guarantee that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;
(7) assures that rates for noncompetitive services are just, reasonable, and not unduly discriminatory and do not yield excessive compensation;
(8) does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.
(C) The commission may, at any time, on its own motion, on the motion of any interested party, or on the motion of the telephone utility, review any decision adopting an alternative method of regulation and, after notice and opportunity to be heard, impose any additional regulatory safeguards, including full rate-base regulation consistent with the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, February 17, which was adopted.
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
Rep. GOVAN moved to adjourn debate upon the following Bill until Wednesday, February 23, which was adopted.
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
The following Bill was taken up.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Rep. HUTSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20333SD.94), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:
/SECTION _____ (A) Beginning with the effective date of this act and continuing until July 1, 1994, the Department of Revenue and Taxation as a result of the settlement of Bass vs. The State of South Carolina and Perri vs. The State of South Carolina shall attempt to notify each taxpayer who reported military, civil service, or other type of retirement income from the federal government on a State of South Carolina income tax return for the years 1985 through 1988 of the fact that they may be entitled to a refund of a portion of such taxes paid plus interest. No such notice is required to be given to any taxpayer who the department knows is a class action plaintiff in the above-referenced lawsuits or who previously has filed a claim for refund based on the Davis vs. Michigan decision. Before July 1, 1994, the department also shall cause publication of a notice in newspapers of general circulation in each county of the State which shall provide similar information to federal retirees or their heirs or surviving spouses.
(B) The notices required by subsection (A) must inform taxpayers or their heirs or surviving spouses that to qualify for a refund each affected taxpayer must contact the department by December 31, 1994, and to file a claim for refund with the department for these taxes paid. If the taxpayer has previously perfected an appeal or filed a request seeking a refund which was accepted by the department, the taxpayer is not required to make a new filing. Failure by the department to notify any taxpayer is not grounds to excuse or mitigate the taxpayer's failure to file a claim for refund with the department by December 31, 1994, under the provisions of this act.
(C) A taxpayer who is not part of the above-referenced class or who has not previously filed a claim for refund with the department and who files a valid claim for refund with the department by December 31, 1994, is eligible for a refund under the terms and conditions of the settlement agreement as if that person had been a party to or member of the class to which that settlement is applicable. The refunds shall be paid to these taxpayers beginning on or before July 1, 1995. If a taxpayer is deceased, his claim for refund may be filed by his personal representative, surviving spouse, or other heir as appropriate. No claim for refund must be paid which the department finds is not valid or timely filed./
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. CARNELL raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
Rep. HUTSON argued contra the Point in stating that it was germane in that it involved the settlement of the federal retirees and the Bill provided for the first partial payment of that total settlement. He further stated that the amendment required the Tax Commission to notify all of the people that are not covered by the two lawsuits.
The SPEAKER stated that the Bill appropriated 30 million dollars for the payment of refunds due pursuant to the agreement settling of Bass vs. the State of South Carolina and Perri vs. the State of South Carolina. He further stated that the second section appropriated money to the Division of General Services for the State House renovations. He further stated that although the amendment referred to the Bass and Perri lawsuits, it did not deal with the people who are entitled to refunds under that settlement agreement but that it dealt with people who are not entitled to refunds under the settlement agreement.
Rep. HUTSON stated that the intent was to cover the people who are not covered by the settlement but there are people who are covered under the settlement for some years but not for others and the amendment was germane for people covered under the settlement as well as others.
The SPEAKER stated that you are covered under the settlement if you file a claim for a refund. He further stated that Sections A and B of the amendment extended the period of time for filing a refund for the years covered under 1985, 1986, 1987 and 1988 and extend the time for filing the refund by opening up a window for the statute of limitations. He further stated that this would extend a benefit for people who are not covered by the settlement agreement in the two lawsuits.
Rep. R. YOUNG stated that the amendment was attempting to expand the class of people that are entitled to a settlement which is referred to in the original Bill and therefore, it was germane.
The SPEAKER stated that you cannot expand the class by statute and the only way to expand it was by the Court. He further stated that under Rule 5.3, you cannot have any part of a permanent provision in an Appropriations Bill which does not relate to the money directly appropriated in Part I of an Appropriations Bill.
Rep HUTSON stated that the amendment provided for payment of the people who were not currently covered to be paid on or before July 1, 1995.
The SPEAKER stated that the amendment did not affect the people who were already getting paid under the lawsuit but that it let an additional group of people get paid.
Rep. HUTSON stated that it would affect some people who are included.
The SPEAKER stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. J. BAILEY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 4729 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MR. CECIL WILLIAMS, INTERNATIONALLY KNOWN PHOTOGRAPHER FOR HIS PHOTO DOCUMENTARY WORK ON THE CIVIL RIGHTS ERA "FOR FREEDOM AND JUSTICE" AND THE SHOWING OF HIS WORKS IN THE SOUTH CAROLINA STATE UNIVERSITY EXHIBIT, "QUIET HEROES: A DOCUMENTATION OF THE CIVIL RIGHTS ERA FROM 1949 THROUGH THE PRESENT."
At 12:55 P.M. the House in accordance with the motion of Rep. H. BROWN adjourned in memory of E. Chandler Owens, Jr., to meet at 2:00 P.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.