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:
As we think, Lord, of the events of Holy Week and of the Passover, our gratitude is increased that we have a God Who will go to such extremes for His children. May it all inspire us "to love Him Who first loved us." Accept our praise and thanksgiving that You daily extend to us so many evidences of Your concern and compassion. Give us eyes to see Your blessings and ears to hear Your voice. Make of us uncompromising partners with our God and with each other in promoting Your Kingdom on earth.
We pray to our God Whose blessings never cease. 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. ELLIOTT moved that when the House adjourns, it adjourn in memory of James H. Crews, which was agreed to.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
March 28, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
On behalf of the Board of Directors of the Cafe' for the Homeless. The members of the South Carolina House of Representatives are cordially invited to a breakfast drop-in to be held in the first floor lobby of the State House on April 20, 1994, from 9:00 to 10:30 A.M.
As "Miss America" Kimberly Aiken pointed out in her speech to the General Assembly on March 3, 1994, the homeless problem in South Carolina is steadily increasing every day. We hope each House member will take a few minutes out of his/her busy schedule to join us for coffee and pastries and to meet some of the people who are fighting the battle against homelessness in South Carolina.
If you have any questions, please do not hesitate to call me at 771-9270. We look forward to seeing you on April 20th.
Sincerely,
Rev. Neil Haynes
March 24, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
All members of the South Carolina General Assembly and their staff are invited to be our guests and participate in the 2nd Annual Blue Cross and Blue Shield Legislative Softball Game and Picnic. An evening of "home runs" is planned at the Capitol City Bombers' Stadium on April 20, 1994, from 5:00 P.M. to 6:45 P.M. The gates to the Stadium will open at 5:00 P.M. and the players will take the field at 6:00 P.M. Everyone is invited to stay for the regular Bombers' game immediately following the legislators' game. Both the reserved "Hard Ball Cafe" and seating will continue to be available for us during the Bombers' game.
Each attendee will receive a T-shirt and baseball cap. Every player will receive a personalized baseball shirt and baseball cap.
The picnic will consist of the typical Americana ballpark fare such as hamburgers, hot dogs, popcorn, peanuts, corn-on-the-cob, soft drinks and apple pie. The pro-rated cost per person will be $13.00.
We are looking forward to another good time and hope everyone will come.
Sincerely,
Ed Sellers
The following was received and referred to the appropriate committee for consideration.
Document No. 1754
Promulgated By Department of Education
Defined Minimum Program for South Carolina School Districts, Grades 9-12, VI., B., 7. Provisions for Granting High School Credit
Received By Speaker March 29, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 5, 1995
The following were received.
Document No. 1729
Promulgated By Board of Cosmetology, Department of Labor, Licensing and Regulation
Practice of Cosmetology; Fines
Received by Speaker February 17, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date January 24, 1995
Withdrawal Requested by Senate Labor, Commerce and Industry Committee March 24, 1994
120 Day Review Period Tolled
Withdrawn and Resubmitted March 28, 1994
Revised Expiration Date January 28, 1995
Document No. 1726
Promulgated By Department of Health and Environmental Control
State Underground Petroleum Environmental Response Bank (SUPERB) Site
Received by Speaker February 22, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 29, 1995
Withdrawn and Resubmitted March 28, 1994
The Senate sent to the House the following:
S. 1300 -- Senators McGill, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrop, Washington, Williams and Wilson: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4981 -- Rep. Kirsh: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 4.19, SO AS TO REQUIRE A SUMMARY OF A BILL OR JOINT RESOLUTION TO BE PREPARED AND PRINTED WITH IT WHEN REPORTED OUT OF A COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
The Resolution was ordered referred to the Committee on Rules.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4982 -- Reps. Kelley and Keegan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO PROVIDE THAT COMMUNITY ACTION AGENCIES ARE ELIGIBLE FOR SUCH BENEFITS.
Referred to Committee on Ways and Means.
H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
Referred to Committee on Judiciary.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4984 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 1994.
Be it resolved by the House of Representatives, the Senate concurring:
That the Palmetto Girls State is authorized to use the chamber of the Senate, on Friday, June 17, 1994, and the chamber of the House of Representatives on Friday, June 17, 1994, from 2:00 P.M. to 4:30 P.M., for its annual legislative day activity.
Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House Chambers by Palmetto Girls State on this date.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4985 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES, SO AS TO CHANGE THE MANNER IN WHICH FORMER MEMBERS OF THE HOUSE ARE ADMITTED WITHIN THE HALL OF THE HOUSE WITHOUT SPECIAL LEAVE.
Be it resolved by the House of Representatives that:
The second paragraph of Rule 10.1 of the Rules of the House of Representatives is amended to read:
"The present and former members and officers of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the present members and officers of the Senate; the present members and employees of the Legislative Council; employees of the respective legislative delegations; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking votes or other personal favors nor any former member who is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Hall Chamber without special leave of the House."
Rep. McTEER explained the Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Bailey, J. Barber Baxley Boan Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Felder Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Huff Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Rhoad Richardson Riser Rogers Scott Sheheen Shissias Smith, D. Smith, R. Snow Spearman Stille Stone Thomas Townsend Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Wright Young, A.
Those who voted in the negative are:
So, the Resolution was adopted.
The following was introduced:
H. 4986 -- Reps. Townsend, Stille and Allison: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, STRUCTURE, AND OPERATION OF HIGHER EDUCATION IN SOUTH CAROLINA AND TO PROVIDE FOR THE MANNER IN WHICH THE REPORT OF THE COMMITTEE DUE NO LATER THAN JANUARY 1, 1996, SHALL BE COMPILED AND SUBMITTED WHICH SHALL INCLUDE REGIONAL PUBLIC HEARINGS.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
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. Baxley Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Huff Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 29.
Michael F. Jaskwhich Dewitt Williams Ronald P. Townsend Daniel T. Cooper Timothy F. Rogers James N. Law Heyward G. Hutson Dell Baker James P. Harrelson H. Howell Clyborne, Jr. William D. Boan Irene K. Rudnick J. Gary Simrill E.B. McLeod, Jr. Robert W. Harrell, Jr. Donald W. "Don" Beatty James H. Hodges Joseph T. McElveen, Jr. Douglas Jennings, Jr. Harold G. Worley William S. Houck, Jr. Roger M. Young Eugene C. Stoddard C. Lenoir Sturkie Stephen E. Gonzales
LEAVES OF ABSENCE
The SPEAKER granted Rep. GOVAN a leave of absence for today and tomorrow.
The SPEAKER granted Rep. TROTTER a leave of absence for the week.
Announcement was made that Dr. Brian M. Kelleher of Surfside Beach is the Doctor of the Day for the General Assembly.
On motion of Rep. CARNELL, with unanimous consent, Rep. P. HARRIS' remarks were ordered printed in the Journal as follows:
I am honored today to present to Ms. Louise Ravenel, on behalf of the Legislative-Governor's Committee on Mental Health and Mental Retardation, this Concurrent Resolution recognizing her for her outstanding contributions on behalf of the citizens of South Carolina. In addition, I also have a certificate of commendation for all her years of dedicated service as the Executive Director of South Carolina Protection and Advocacy System for the Handicapped. Louise has marched in battles and paved many roads for people with disabilities, as well as their families. She has worn many hats, first and foremost, a mother of a child with a disability. She is an advocate, a lobbyist, a campaigner in a movement that promotes the rights of individuals with mental retardation.
In her twenty-seven years of accomplishments, Louise has played instrumental roles in the creation of so many different organizations and activities throughout our State. She began the first advocacy group for handicapped persons in South Carolina. She began the first classes for both the educable and trainable mentally retarded children of her school district. She began Charleston's first day camp for handicapped persons. Not only did Louise make waves in our State, but she also represented South Carolina on a national level. In Washington, Louise served as a delegate to the White House Conference on Children and Youth. She served on the board of the National Association for Retarded Citizens. She served on the President's Commission on Mental Health, as well the Liaison Task Force on Mental Retardation.
Louise's first award was in 1967. That was bestowed upon her by the South Carolina Vocational Rehabilitation Association. She most recently received the Governor's coveted Order of Palmetto award. In the decades that have passed between these, she has received several others, but I know that her greatest honor of all comes in knowing the endless number of people she has touched and helped over these many years, as well as those she will effect in the years to come.
As Chairman of the Legislative-Governor's Committee on Mental Health and Mental Retardation, I know I speak for the entire committee, as well as all advocacy groups, family members, and people with disabilities, when I say you will truly be missed at South Carolina Protection and Advocacy. However, if anyone knows you like I do, they, too, realize that we haven't seen the last of you yet! Representative Mattos will now present the certificate and resolution to Ms. Ravenel in the balcony.
Rep. WELLS moved to adjourn debate upon the following Bill until Tuesday, April 5, 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 and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.
H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.
H. 4593 -- Reps. A. Young, Baxley, Wofford, Sharpe, Robinson, Sturkie, Kelley, Cobb-Hunter, G. Bailey, Vaughn, Witherspoon, Stuart, Davenport, Riser, Law, Meacham, Koon and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, SO AS TO PROVIDE A PROCEDURE FOR COMBINING COUNTY BOARDS OF VOTER REGISTRATION AND COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE APPOINTMENT OF THE COMMISSION MEMBERS, ESTABLISH REQUIREMENTS FOR MEMBERS, AND PROVIDE FOR REASONS FOR REMOVAL OF MEMBERS BY THE GOVERNOR.
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4889 -- Rep. Felder: A BILL TO PROVIDE THAT THE CALHOUN COUNTY SCHOOL DISTRICT SHALL BE GOVERNED AND MANAGED BY A BOARD OF TRUSTEES, THE NUMBER OF WHICH MUST BE THE SAME AS THE NUMBER OF MEMBERS COMPRISING THE CALHOUN COUNTY COUNCIL, PROVIDE FOR THE ELECTION OF THE SCHOOL TRUSTEES FROM SINGLE-MEMBER ELECTION DISTRICTS, PROVIDE FOR THE QUALIFICATIONS AND TERMS OF THE TRUSTEES AND FOR THE REAPPORTIONMENT OF THE TRUSTEES' ELECTION DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND PROVIDE FOR THE ELECTION OF TRUSTEES ON A NONPARTISAN BASIS AND FOR THE ANNUAL ELECTION OF THE SCHOOL BOARD'S CHAIRMAN; TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT ELECTED IN 1992 SHALL CONTINUE IN OFFICE UNTIL THE PRESCRIBED EXPIRATION OF THEIR TERMS AND THAT ALL MEMBERS OF THE BOARD WHOSE TERMS WOULD OTHERWISE COMMENCE FOLLOWING THE 1994 ELECTION MUST BE ELECTED IN 1994 ACCORDING TO THE PROVISIONS OF THIS ACT; TO PROVIDE THAT THE INCUMBENT CHAIRMAN OF THE BOARD SHALL CONTINUE AS A MEMBER AND AS CHAIRMAN OF THE BOARD FOR THE REMAINDER OF HIS TERM AS A BOARD MEMBER; AND TO REPEAL SECTION 2 OF ACT 743 OF 1976, RELATING TO THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT.
H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.
H. 4809 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
The following Bill was taken up.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Rep. SCOTT spoke upon the Bill.
Rep. KENNEDY demanded the yeas and nays, which 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 Breeland Brown, G. Brown, H. Canty Cato Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Elliott Farr Felder Gamble Harris, J. Harris, P. Harrison Haskins Holt Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Lanford Law Littlejohn Marchbanks Mattos McCraw McKay McLeod McMahand Meacham Moody-Lawrence Neilson Phillips Richardson Robinson Rogers Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Williams Worley Young, A.
Those who voted in the negative are:
Cromer Harvin Kennedy Rhoad
So, the Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.
The following Bill was taken up.
H. 3996 -- Rep. Jennings: A BILL TO AMEND SECTION 56-3-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF MOTOR VEHICLES SO AS TO PROVIDE FOR REREGISTRATION OF A VEHICLE THAT WAS INOPERABLE OR IN STORAGE.
Rep. FARR moved to table the Bill, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted.
H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.
The following Bill was taken up.
H. 3524 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE THE PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION AND THAT THE PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION IS PERMISSIBLE RATHER THAN MANDATORY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20415SD.94).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. (A) When an employee has been out of work due to a reported work related injury or occupational disease for eight days, an employer may start temporary total disability payments immediately and may continue such payments for up to one hundred twenty days without waiver of any grounds for denial of a claim as may appear following a good faith investigation. Upon making the first payment, the employer shall immediately shall notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun.
The commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and Commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the Commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
(B) Once payment of temporary disability compensation has been commenced, it may be terminated or suspended immediately if the employee:
(1) has returned to work; or
(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work; or
(3) at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation has revealed grounds for denial of the claim.
(C) If the employee has been released by the treating physician to work or to limited duty work and the employer provides work consistent with the terms upon which the employee has been released, compensation may be terminated or suspended if the employee refuses to return to work.
(D) If the employee refuses medical treatment under Section 42-15-60 or an examination or evaluation under Section 42-15-80, the employee is not entitled to compensation benefits during the period of the refusal. Upon the submission of documentation of the refusal of the employee of this medical treatment, examination, or evaluation to the commission and notice to the employee, compensation may be terminated unless the employee requests a hearing within ten days of receiving the notice.
(E) An employee within fifteen days after receiving notification that his payments have been terminated may request a hearing to have temporary compensation reinstituted after termination. This hearing must be held within thirty days of the date of the employee's request for such a hearing. (F) Failure to comply with such rule as to termination or suspension of benefits must this section shall result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Reps. HARRELSON, DELLENEY, ROGERS, HARWELL, COBB-HUNTER and WHITE objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
The following Joint Resolution was taken up.
H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Reps. SIMRILL, HASKINS, FAIR, CATO, COOPER, DAVENPORT, KIRSH and STILLE objected to the Joint Resolution.
Rep. NEILSON moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Rep. WALDROP moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted.
H. 4467 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
The following Bill was taken up.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Rep. ANDERSON objected to the Bill.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11476AC.93).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 38-71-147 of the 1976 Code, as added by
Section 1 of this act, is repealed three years from the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
Reps. HARRISON, CHAMBLEE, WITHERSPOON, LAW and ROBINSON objected to the Bill.
Rep. HOLT moved to adjourn debate upon the following Bill until Wednesday, March 30, 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. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.
Rep. BAXLEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20563SD.94).
Amend the bill, as and if amended, by striking Section 58-3-20 of the 1976 Code, as contained in SECTION 1 and inserting:
/ "Section 58-3-20. (A) Until July 1, 1998, when the Public Service Commission shall be reduced to five members and elected as provided in subsection (B), the Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission.
(B) Beginning on July 1, 1998, the Public Service Commission shall consist of five members to be elected by the General Assembly during its 1998 session in the manner provided in this subsection. One member shall reside in and be elected from the first and sixth congressional districts, one member shall reside in and be elected from the second and third congressional districts, and one member shall reside in and be elected from the fourth and fifth congressional districts. These three members elected in 1998 shall serve initial six year terms. In addition, the General Assembly during its 1998 session shall elect two members from the State at large for initial terms of four years each. Thereafter, successors to these members whether elected from the combined congressional districts or from the State at large each shall be elected for terms of four years each. All members shall serve until their successors are elected and qualify.
On July 1, 1998, the terms of the members of the Public Service Commission then serving in office shall expire at which time the five members of the commission elected by the General Assembly in the manner specified in this subsection (B) shall take office."/
Amend title to conform.
Rep. BAXLEY explained the amendment.
Reps. SPEARMAN, WHITE, COBB-HUNTER, SCOTT, ANDERSON, NEAL and BYRD objected to the Bill.
Rep. WRIGHT moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted.
H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
At 12:52 P.M. the House in accordance with the motion of Rep. ELLIOTT adjourned in memory of James H. Crews, to meet at 10:00 A.M. tomorrow.
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