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:
Almighty and ever present God, we are grateful for Your compassionate and caring concern for all Your children. Inspire us with a similar care and compassion. May our words bring healing, our conversations convey understanding, our actions demonstrate Your teachings. Give us listening ears, encouraging words, dispositions that show that we care. Help us to walk and work through each day knowing that You are our never failing Companion, always attentive to our needs. Grant us trust in You to give the guidance and direction we need in all areas of our lives.
We make our prayer in the Name of Him Who says: "Come, follow Me." 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. STODDARD moved that when the House adjourns, it adjourn in memory of James C. Todd, Jr., of Laurens, which was agreed to.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4407 -- Rep. Hutson: A BILL TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, Rep. Keyserling, for the minority, submitted an unfavorable report, on:
H. 4360 -- Reps. Inabinett and Fulmer: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTED TRAWLING AREAS, SO AS TO CHANGE THE REFERENCE POINT BY WHICH DISTANCES ARE MEASURED, TO ESTABLISH RESTRICTED AREAS OFF KIAWAH AND SEABROOK ISLANDS AND OFF EDISTO BEACH, TO PROVIDE FOR DISTANCES TO BE MEASURED FROM THE SHORELINE, AND TO DEFINE SHORELINE; AND TO REPEAL SECTION 50-17-1040 RELATING TO RESTRICTED TRAWLING AREAS NEAR EDISTO BEACH.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4773 -- Reps. Sharpe, Koon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTION 48-20-220, RELATING TO RESTRAINING ORDERS, INJUNCTIONS, AND CIVIL PENALTIES PERTAINING TO VIOLATIONS BY EXPLORERS AND MINERS, SO AS TO AUTHORIZE CEASE AND DESIST ORDERS AND CIVIL PENALTIES FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4814 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE IN CHARLESTON COUNTY.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4839 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5024 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE SAMUEL FOSTER OF YORK COUNTY, OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY AND OUR GOOD FRIEND, UPON HIS INDUCTION INTO THE MORRIS COLLEGE ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5025 -- Reps. Rogers and Rudnick: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. BOB MCCROSKY OF AIKEN COUNTY ON THE OCCASION OF THE EIGHTIETH BIRTHDAY OF THIS OUTSTANDING AND DEDICATED HUMAN RIGHTS ADVOCATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5026 -- Rep. D. Smith: A CONCURRENT RESOLUTION COMMENDING ROBERT E. JUSTICE OF SPARTANBURG COUNTY FOR HIS OUTSTANDING SERVICE AS THE SCOUT EXECUTIVE OF PALMETTO COUNCIL NO. 549 OF THE BOY SCOUTS OF AMERICA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.
Referred to Committee on Education and Public Works.
H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5029 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5030 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5031 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Breeland Brown, H. Byrd Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Fair Farr Felder Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Littlejohn McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Rhoad Richardson Scott Sharpe Sheheen Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Tucker Vaughn Walker White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 6.
June S. Shissias Joe E. Brown Lucille S. Whipper James N. Law Teddy N. Trotter Olin R. Phillips Thomas C. Alexander Alfred B. Robinson, Jr. Carole C. Wells John W. "Bill" Riser C. Lenoir Sturkie Irene K. Rudnick Ronald C. Fulmer Dave C. Waldrop, Jr. William D. Boan Joseph H. Neal Harry R. Askins Morgan Martin Ralph W. Canty Timothy F. Rogers Larry L. Koon Dell Baker Thomas E. Huff Marion P. Carnell James G. Mattos Grady A. Brown J. Gary Simrill Richard M. Quinn, Jr. C. Alex Harvin, III Stephen E. Gonzales James H. Hodges E.B. McLeod, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. ELLIOTT a leave of absence.
The SPEAKER granted Rep. WAITES a leave of absence to attend the NCSL Committee meeting on monitored retrievable storage in Charleston today.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 5.
Lindsey O. Graham
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 5.
G. Ralph Davenport, Jr.
Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.
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. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
S. 1222 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 Bill was taken up.
H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.
The Bill was read the second time and ordered to third reading by a division vote of 19 to 18.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.
S. 1155 -- Senators Martin and Setzler: 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.
H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
Rep. KEYSERLING explained the Bill.
H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WRIGHT moved to adjourn debate upon the following Bill until Thursday, April 7, 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. WRIGHT moved to adjourn debate upon the following Bill until Wednesday, April 13, which was adopted.
H. 4838 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DISTRICT, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, April 12, which was adopted.
H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.
Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, April 7, which was adopted.
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, April 7, which was adopted.
H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, April 21, which was adopted.
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.
The following Joint Resolution was taken up.
H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.
Rep. LITTLEJOHN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1153DW.94), which was tabled.
Amend the joint resolution, as and if amended, Page 1, by striking Lines 24 through 41, Page 2, Lines 1 through 8.
Amend further Page 2, Line 20, by striking /Spoleto Festival, USA/ and inserting /NFL Project at Wofford College/.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. HOLT moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, H. Byrd Cobb-Hunter Cromer Delleney Fulmer Govan Harrell Harrelson Harris, J. Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Koon Law Mattos McAbee McMahand McTeer Moody-Lawrence Neilson Richardson Rudnick Scott Sheheen Snow Spearman Stille Stone Stuart Thomas Waldrop Whipper White Wilder, D. Wilder, J. Wilkins Williams Worley Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Baker Beatty Cato Corning Davenport Fair Felder Gamble Graham Hallman Harrison Haskins Keegan Kelley Kirsh Klauber Lanford Littlejohn McCraw Meacham Phillips Riser Robinson Shissias Smith, D. Smith, R. Stoddard Sturkie Trotter Tucker Vaughn Walker Witherspoon Wofford
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\1154DW.94), which was tabled.
Amend the joint resolution, as and if amended, Page 2, by striking on Line 18, /an interest rate to be determined by the State Treasurer/ and inserting /the interest rate for all money decrees and judgments of courts specified pursuant to the provisions of Section 34-31-20(B) of the 1976 Code/.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. R. YOUNG moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, H. Brown, J. Byrd Cobb-Hunter Cromer Delleney Felder Fulmer Gamble Govan Harrell Harrelson Harris, J. Harris, P. Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Koon Law McAbee McCraw McKay McMahand McTeer Neal Phillips Rhoad Richardson Rudnick Scott Sharpe Sheheen Shissias Snow Spearman Stille Stoddard Stone Sturkie Tucker Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wright Young, R.
Those who voted in the negative are:
Allison Baker Cato Chamblee Corning Davenport Fair Graham Hallman Harrison Haskins Keegan Kelley Kirsh Lanford Littlejohn Meacham Moody-Lawrence Neilson Robinson Smith, D. Smith, R. Stuart Thomas Trotter Vaughn Walker Wilkins Wofford Young, A.
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PT\1155DW.94), which was tabled.
Amend the joint resolution, as and if amended, Page 2, by striking on Line 18, /an interest rate to be determined by the State Treasurer/ and inserting /the prime interest rate as printed daily in the Wall Street Journal plus one percent/.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. J. BAILEY moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1157DW.94), which was tabled.
Amend the joint resolution, as and if amended, Page 2, by inserting immediately after /USA./ /beginning in 1995, during the period that the loan is outstanding, and not fully paid, Spoleto Festival, USA must hold at least one event each in the Midlands and Piedmont areas of the State./.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. HOLT moved to table the amendment, which was agreed to by a division vote of 67 to 22.
Reps. HALLMAN, KIRSH, WOFFORD, KOON, ROBINSON, STURKIE and HASKINS objected to the Joint Resolution.
The following Bill was taken up.
H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.
Rep. T.C. ALEXANDER explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. T.C. ALEXANDER having the floor.
Rep. DAVENPORT withdrew his objection to H. 4036 however, other objections remained upon the Bill.
Reps. VAUGHN, McLEOD, FELDER, D. SMITH, D. WILDER, CATO, ALLISON and LANFORD withdrew their objections to H. 3264 however, other objections remained upon the Bill.
Rep. CHAMBLEE withdrew his objection to H. 3631 however, other objections remained upon the Bill.
Rep. HASKINS withdrew his objection to H. 4955 however, other objections remained upon the Joint Resolution.
Rep. ANDERSON withdrew his objection to H. 3631 however, other objections remained upon the Bill.
Reps. SPEARMAN, WHITE, COBB-HUNTER and NEAL withdrew their objections to the following Bill.
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.
Reps. LAW and ROBINSON withdrew their objections to H. 3631 however, other objections remained upon the Bill.
Rep. FARR withdrew his objection to H. 3264 however, other objections remained upon the Bill.
Rep. WITHERSPOON withdrew his objection to the following Bill.
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. J. BROWN withdrew his objection to the following Bill.
H. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.
Rep. BYRD withdrew her objection to the following Bill.
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.
On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Rep. RHOAD asked unanimous consent to recall H. 5009 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. STODDARD objected.
On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.
Rep. RICHARDSON asked unanimous consent to recall H. 4045 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. MEACHAM, with unanimous consent, made a short statement relative to the Mendenhall-Fewell case and spoke in favor of reform for the Judicial Standards Commission.
The Senate amendments to the following Bill were taken up for consideration.
H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.
Rep. SNOW moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.
Rep. T.C. ALEXANDER moved to adjourn debate upon the Senate amendments until Wednesday, April 13, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Rep. T.C. ALEXANDER moved to adjourn debate upon the Senate amendments until Thursday, April 7, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
Rep. Rhoad proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7774BDW.94), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 3, page 2, beginning on line 32.
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. CARNELL moved to refer the Bill to the Greenwood Delegation, which was agreed to.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4247 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO PROVIDE FOR PRORATION OF THE FEES.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4376 -- Reps. Kirsh and Rudnick: A BILL TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4755 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES TASK FORCE AND TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, POWERS, DUTIES, AND DISSOLUTION.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, Reps. HALLMAN, H. BROWN, WELLS and KIRSH, for the minority, submitted an unfavorable report, on:
S. 464 -- Senators Glover and Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO REQUIRE THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY AS A REQUIRED STATE HOLIDAY.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. BOAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.
Referred to Committee on Ways and Means.
H. 5034 -- Reps. Witherspoon, Riser, Kelley and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.
Referred to Committee on Labor, Commerce and Industry.
S. 879 -- Senators Mescher and Reese: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.
Referred to Committee on Judiciary.
S. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.
Referred to Committee on Labor, Commerce and Industry.
S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.
Referred to Committee on Judiciary.
S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.
Referred to Committee on Ways and Means.
S. 1137 -- Senator Mescher: A BILL TO REPEAL CHAPTER 29 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SUBVERSIVE ACTIVITIES REGISTRATION ACT".
Referred to Committee on Judiciary.
S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.
Referred to Committee on Ways and Means.
S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.
Referred to Committee on Judiciary.
S. 1227 -- Senator McConnell: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
Referred to Committee on Judiciary.
S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. T.C. ALEXANDER having the floor.
H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.
Rep. T.C. ALEXANDER moved to adjourn debate upon the Bill until Tuesday, April 12, which was adopted.
The following Bill was taken up.
H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10971JM.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/SECTION __. Section 37-2-202(2)(b) of the 1976 Code, as last amended by Act 142 of 1991, is further amended to read:
"(b) with respect to consumer credit insurance providing life, accident, health, or unemployment coverage, if the insurance coverage is not required by the creditor, and this fact is clearly and conspicuously disclosed in writing to the consumer, and if in order to obtain the insurance in connection with the extension of credit, the consumer, or two of them in the case of joint coverage, gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost of it with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and"
SECTION __. Section 37-3-202(2)(b) of the 1976 Code, as last amended by Act 142 of 1991, is further amended to read:
"(b) consumer credit insurance providing life, accident and health, or unemployment insurance coverage, if the insurance coverage is not required by the lender, and this fact is clearly and conspicuously disclosed in writing to the debtor, and if, in order to obtain the insurance in connection with the loan, the debtor, or two of them in the case of joint coverage, gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and"/.
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4596 -- Rep. Hodges: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9038JM.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in it entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. M.O. ALEXANDER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4795 -- Reps. M.O. Alexander, Cato, Sharpe, R. Smith and A. Young: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Rep. M.O. ALEXANDER explained the Bill.
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
Rep. G. BAILEY explained the Bill.
S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.
S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4826 -- Reps. Allison and Lanford: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO AUTHORIZE A SUBSISTENCE ALLOWANCE EQUAL TO THE LESSER OF ACTUAL EXPENSES OR ONE HUNDRED DOLLARS A DAY.
Rep. LANFORD explained the Bill.
S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1255 -- General 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. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4554 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 55-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, AND PARKING FACILITIES ON LANDS OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO DELETE A REFERENCE TO A REQUIREMENT TO FILE SUCH RULES AND REGULATIONS IN THE OFFICE OF THE SECRETARY OF STATE.
S. 130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.
The following Bill was taken up.
H. 4047 -- Reps. D. Wilder, Barber, Moody-Lawrence, Hines, Stille, Haskins, J. Wilder, Cato, Trotter, Marchbanks, Stoddard, J. Bailey, P. Harris, Allison, Harrell, H. Brown, Lanford and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15938AC.94), which was adopted.
Amend the bill, as and if amended, Section 40-18-40, page 3, line 28, by deleting /board/ and inserting /the Department of Labor, Licensing and Regulation/.
Amend further, by deleting Section 40-18-200 and inserting:
/Section 40-18-200. A person aggrieved by a final decision of the board may appeal to an administrative law judge pursuant to Article 5, Chapter 23, Title 1./
Amend further by adding an appropriately numbered section to read:
/Section . Section 1-30-65(C) of the 1976 Code, as added by Act 181 of 1993, is amended by adding in the appropriate place alphabetically:
"Electrologists Board provided for at Section 40-18-5, et seq."/
Amend further by amending the title to read:
/TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES./
Renumber sections to conform.
Amend title to conform.
Rep. D. WILDER explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15967AC.94).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. The 1976 Code is amended by adding:
"Section 44-29-240. A person, upon whom an invasive, exposure prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, should know his HIV antibody, HBsAg, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure prone procedure is scheduled to be performed, who does not know his status should have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care. For purposes of this section 'health care professional' includes an electrologist."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. WALDROP moved to adjourn debate upon the Bill until Tuesday, April 12, which was adopted.
The following Bill was taken up.
H. 4327 -- Reps. Rudnick, Harvin and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME; AND TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION FEES, SO AS TO PROVIDE FOR REFUNDS WHEN A VEHICLE IS SOLD DURING THE REGISTRATION PERIOD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5602HTC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1275. In lieu of the provisions of Sections 56-3-1260 and 56-3-1270, when the owner of a registered and licensed vehicle dies and his ownership in the vehicle, by will or operation of law, is bequeathed to the owner's spouse, the spouse has the option of retaining the license tag attached to that vehicle. To do so, the spouse shall notify the department in writing within thirty days of receipt of the vehicle, giving his name, address, and the date of death of the former owner. In that case, the license plate issued for the vehicle shall remain attached to the vehicle, except that the registration card must be returned concurrently to the department with an application for transfer to and reregistration in the new owner's name.
The department, upon being furnished with sufficient proof that the applicant is the spouse of the deceased owner and is the new owner of the vehicle, shall record the transfer and issue a new registration card to the new owner. A charge of six dollars may be made by the department for every such transfer and reregistration.
The property tax year for the vehicle remains the same as it was the year before the former owner's death in the event of the transfer of the license plate in the manner authorized by this section."
SECTION 2. This act takes effect on the first day of the second month following approval by the Governor./
Amend title to conform.
Rep. RUDNICK explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 7, which was adopted.
The following Bill was taken up.
H. 4580 -- Reps. Davenport, Littlejohn, Walker, Allison, Moody-Lawrence, R. Young, Byrd, Quinn and Fair: A BILL TO AMEND SECTION 59-20-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE CERTAIN PROVISIONS WHICH REQUIRE EARLY CHILDHOOD AND ACADEMIC ASSISTANCE INITIATIVE PLANS TO CONTAIN MEASURES OF EFFECTIVENESS WHICH INCLUDE OUTCOME AND PROCESS INDICATORS OF IMPROVEMENT AND TO CONTAIN SPECIFIC INNOVATION INITIATIVES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20564SD.94).
Amend the bill, as and if amended, in Section 59-20-60(3) of the 1976 Code as contained in SECTION 1 beginning on line 3 of page 2 by striking /Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made./ and inserting /Measures of effectiveness must include outcome and process indicators academic standards of improvement and must provide data regarding what difference the strategies have made./
When amended the Section 59-20-60(3) of the 1976 Code shall read:
/(3) Each school district board of trustees shall cause the district and each school in the district to develop comprehensive five-year plans with annual updates to outline the District and School Improvement Plans. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning cycle as long as the process meets the intent of this section and the long-range plans developed or under development can be amended to encompass the requirements of this section. For school year 1993-94, districts may submit either the improvement plan consistent with State Department guidelines or their five-year comprehensive plan.
The State Board of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates, including the early childhood and academic assistance initiative plans pursuant to Section 59-139-10. All district and school plans must be reviewed and approved by the board of trustees. The District Plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the School Plans. Measures of effectiveness must include outcome and process indicators academic standards of improvement and must provide data regarding what difference the strategies have made. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long and short-range goals, objectives, strategies, and time lines need to be included./
Amend the bill further, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 59-20-60(4) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:
/(4) Each plan shall provide for an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:
(a) new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, rigorous, relevant, academic, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;
(b) applying different teaching methods permitting professional educators at every level to focus on educational academic success for all students and on critical thinking skills and providing the necessary support for educational academic successes are encouraged;
(c) redefining how schools operate resulting in the decentralization of authority to the school site and allowing those closest to the students the flexibility to design the most appropriate education location and practice;
(d) creating appropriate relationships between schools and other social service agencies by improving relationships between the school and community agencies (health, social, mental health), parents and the business community, and by establishing procedures that cooperatively focus the resources of the greater community upon barriers to success in school, particularly in the areas of early childhood and parenting programs, after-school programs, and adolescent services.
Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership and fifty percent pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Improvement Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds.
For 1993-94, districts and schools may use these funds for designing their Innovation Initiatives to be submitted to the peer review process established in Section 59-139-10 prior to implementation of the innovations in 1994-95. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year thereafter in order to build funds for an approved program initiative./
Amend title to conform.
Rep. JASKWHICH explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 12, which was adopted.
Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Thursday, April 7, which was adopted.
H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION PROVIDING THE USE OF FUNDS AND MAKING APPROPRIATIONS FROM PRUDENTIAL BACHE SETTLEMENT REVENUES.
The following Bill was taken up.
H. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.
Rep. KOON moved to adjourn debate upon the Bill until Wednesday, April 13.
The following Bill was taken up.
H. 4561 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20740SD.94), which was adopted.
Amend the bill, as and if amended, in Section 17-27-45 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) and inserting:
/(A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal./; by striking /two years/ on line 34, page 1, and inserting /one year/; and by striking /two years/ on line 39, page 1, and inserting /one year/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HASKINS moved that the House do now adjourn.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baxley Beatty Boan Brown, H. Carnell Clyborne Fulmer Graham Hallman Harrell Harwell Haskins Holt Inabinett Jaskwhich Jennings Martin Mattos McAbee McCraw McMahand Robinson Sharpe Snow Spearman Stille Trotter Wilder, J. Wilkes Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Breeland Brown, G. Byrd Cato Chamblee Cobb-Hunter Corning Davenport Farr Gamble Gonzales Govan Harrelson Harris, J. Harrison Harvin Hines Houck Huff Keegan Kelley Keyserling Kinon Koon Lanford McKay McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Richardson Riser Rudnick Sheheen Shissias Simrill Smith, R. Stoddard Stuart Sturkie Thomas Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wofford Young, A.
So, the House refused to adjourn.
The following Bill was taken up.
H. 3233 -- Reps. Rudnick, Harrison, Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-970 AND 38-77-980 SO AS TO PROVIDE THAT NO INSURANCE COMPANY AND NO AGENT OR ADJUSTER FOR THE COMPANY THAT ISSUES OR RENEWS ANY POLICY OF INSURANCE COVERING ANY MOTOR VEHICLE MAY REQUIRE OR RECOMMEND THAT ANY PERSON INSURED UNDER THAT POLICY USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF AUTOMOBILE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED BY THAT POLICY, AND PROVIDE FOR RELATED MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9062JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-970. No insurer, agent, adjuster, or motor vehicle physical damage appraiser may require that any insured or third-party claimant use a particular automobile glass repair facility as a condition precedent to the payment of an insurance claim.
All employees of an insurer, its agents, adjusters, or motor vehicle physical damage appraisers representing an insurer in an investigation, adjustment, and/or appraisal of an insurance claim must identify themselves to whomever they contact regarding the claim and disclose the name of the insurer they represent and the capacity in which they are acting on behalf of that insurer."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9069JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-43-106(A) of the 1976 Code, as added by Act 141 of 1991, is amended to read:
"(A) In addition to the requirements contained in Section 38-43-105, any applicant or agent licensed to sell property and casualty insurance or to sell life, accident and health insurance, or both, or qualified for this licensure, must complete biennially a minimum of twenty-four hours of continuing insurance education in order to be eligible for licensure for the following two years.
However, if an agent is licensed in both property and casualty and life, accident and health, the agent must complete at least one-third of the twenty-four required biennial continuing insurance education hours in courses related to each of these types of licenses or qualification for licensure. Notwithstanding the provisions of this subsection or any other provision of law, a maximum of twelve credit hours earned in a twelve-month period may be carried forward to the next biennial continuing insurance education period, as long as the hours carried forward are in excess of the required minimum for a particular reporting period."
SECTION 2. This act takes effect upon approval by the Governor and applies to all hours of continuing insurance education taken by an insurance agent who is subject to the provisions of Section 38-43-106 of the 1976 Code./
Amend title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.
Rep. MEACHAM, with unanimous consent, continued her statement relative to the reform of the Judicial Standards Commission.
Rep. SCOTT asked unanimous consent to recall H. 3986 from the Committee on Judiciary.
Rep. TUCKER objected.
Rep. SCOTT asked unanimous consent to recall H. 3962 from the Committee on Judiciary.
Rep. TUCKER objected.
Rep. SCOTT asked unanimous consent to recall H. 4853 from the Committee on Ways and Means.
Rep. TUCKER objected.
The following Concurrent Resolution was taken up.
H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".
Rep. BOAN moved to adjourn debate upon the Concurrent Resolution until Thursday, April 7, which was adopted.
Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to by a division vote of 42 to 38.
The following was introduced:
H. 5035 -- Reps. Harvin and R. Young: A CONCURRENT RESOLUTION CONGRATULATING CHARLESTON SOUTHERN UNIVERSITY ON ITS THIRTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING INSTITUTION OF HIGHER EDUCATION FOR ITS COMMITMENT TO EXCELLENCE IN THE AREA OF HIGHER LEARNING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The CONFERENCE COMMITTEE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-860 of the 1976 Code is amended to read:
"Section 7-13-860. Each candidate who is not unopposed in the primary and each candidate in a general election may appoint a watcher for any voting place that he may desire. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof of a thousand registered voters registered at such the polling place. Every watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch, and must be certified to the managers of the voting precinct to which assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to so act as a watcher. Such watchers shall Watchers at all times shall wear appropriate, visible identification specifying the candidate or party which they represent. No such watcher shall conduct himself in a manner that will interfere interferes in the orderly conduct of the election or influence influences any voter in the casting of his ballot. The identification badge of a pollwatcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality."
SECTION 2. Section 7-25-180 of the 1976 Code, as last amended by Act 393 of 1990, is further amended to read:
"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.
(B) A candidate may appear and greet voters in line as long as he is not intimidating voters or interfering with the orderly election process. A candidate may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate enters the polling place, he may not display any of this identification, including but not limited to, campaign stickers or buttons.
(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote."
SECTION 3. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Donald H. Holland /s/Joseph B. Wilder
/s/John W. Matthews, Jr. /s/James L. Cromer
/s/David L. Thomas /s/T.C. Alexander
On Part of the Senate. On Part of the House.
Rep. J. WILDER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. TUCKER moved that the House do now adjourn.
Rep. QUINN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
The motion to adjourn was then agreed to.
The Senate returned to the House with concurrence the following:
H. 4988 -- Reps. Stoddard, Inabinett, McAbee and Clyborne: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 13, 1994, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1994 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.
H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.
H. 5024 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE SAMUEL FOSTER OF YORK COUNTY, OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY AND OUR GOOD FRIEND, UPON HIS INDUCTION INTO THE MORRIS COLLEGE ATHLETIC HALL OF FAME.
H. 5025 -- Reps. Rogers and Rudnick: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. BOB MCCROSKY OF AIKEN COUNTY ON THE OCCASION OF THE EIGHTIETH BIRTHDAY OF THIS OUTSTANDING AND DEDICATED HUMAN RIGHTS ADVOCATE.
H. 5026 -- Rep. D. Smith: A CONCURRENT RESOLUTION COMMENDING ROBERT E. JUSTICE OF SPARTANBURG COUNTY FOR HIS OUTSTANDING SERVICE AS THE SCOUT EXECUTIVE OF PALMETTO COUNCIL NO. 549 OF THE BOY SCOUTS OF AMERICA.
At 12:15 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of James C. Todd, Jr., of Laurens, to meet at 10:00 A.M. tomorrow.
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