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 God, Heavenly Father, as we turn again to waiting tasks, may the confidence of those who believe in us, the spur of conscience to do our best, and the commanding call to do Your will spur us on. Make our service to Your people motivated by Your gracious and all wise will, stripped of all base motives of self-interest. Make us resolved with an unwavering firmness in the fulfillment of Your high and holy purposes.
So, may Your will be done in us and by us, both this day and always. 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. KENNEDY moved that when the House adjourns, it adjourn in memory of Johnny Demeary of Kingstree, which was agreed to.
The following was received.
Columbia, S.C., May 25, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1182:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 25, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4681:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. McABEE explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following was received and referred to the appropriate committee for consideration.
Document No. 1778
Promulgated By University of South Carolina
Parking and Traffic - Violations, Penalties and Bonds
Received By Speaker May 25, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 1, 1995
The following was received.
May 25, 1994, 1994
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4919, R-485, an Act:
TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, PROVIDE FOR THE COMPOSITION OF COMMISSION, AND ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
This veto is based upon my belief that H. 4919, R-485 of 1994 is an unconstitutional enactment. It is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." The act bearing ratification number 485 of 1994 provides enabling legislation for a Registration and Elections Commission for Oconee County and abolishes the Office of the Commissioners and the Registration Board for Oconee County. Furthermore, there is some question as to whether this legislation, as in all previous legislation of this type, is in violation of Article III, Section 34 of the South Carolina Constitution.
For these reasons, I believe that R-485 is not appropriate for my signature and I am therefore, returning this Act to you without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Chamblee Graham
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5232 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR., ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5233 -- Rep. Scott: A HOUSE RESOLUTION TO RECOGNIZE MONICA M. McDANIEL FOR HER MANY CIVIC AND BUSINESS CONTRIBUTIONS TO HER COMMUNITY AND THE STATE OF SOUTH CAROLINA ENHANCING THE LIVES OF MANY SOUTH CAROLINIANS.
The Resolution was adopted.
The following was introduced:
H. 5234 -- Rep. Keyserling: A HOUSE RESOLUTION TO RECOGNIZE THE JOSEPH GARDNER FAMILY, EARLY INHABITANTS OF WARSAW ISLAND, FOR THEIR MANY CONTRIBUTIONS TO THE ISLAND AND TO CARRYING ON THE TRADITIONS OF ISLAND LIVING AND FOR THEIR MANY PERSONAL, EDUCATIONAL, AND PROFESSIONAL ACCOMPLISHMENTS AND TO WISH THEM WELL AS THEY GATHER FOR THE GARDNER FAMILY REUNION THE WEEKEND OF MAY 27, 1994.
The Resolution was adopted.
The following was introduced:
H. 5235 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY RAIDERS ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION'S CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5236 -- Reps. J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. JOHN R. STEVENSON OF COLUMBIA FOR HIS EXCELLENT AND DEDICATED SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT ONE, AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 5237 -- Reps. Sheheen, Wilkins, T.C. Alexander, Boan, Carnell, Hodges, Mattos, McTeer, Neilson, Phillips, Rhoad, Waldrop and Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1994, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, AND 10, 1994, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS, AND TO AUTHORIZE THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE TO MEET FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 8, 1994, TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 10, 1994, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON MONDAY, JUNE 13, 1994, TO CONTINUE IN SESSION AS NECESSARY UNTIL FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., FOR CERTAIN PURPOSES; AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON FRIDAY, JUNE 24, 1994, FOR THE EXCLUSIVE PURPOSE OF CONSIDERING GUBERNATORIAL VETOES AND SHALL CONTINUE IN SESSION THEREAFTER AS NECESSARY FOR THIS PURPOSE TO ADJOURN SINE DIE NO LATER THAN 5:00 P.M. ON TUESDAY, JUNE 28, 1994.
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses of the General Assembly adjourn on Thursday, June 2, 1994, at 5:00 p.m., each house shall stand adjourned to meet under the following terms and conditions:
(1) When the respective houses of the General Assembly adjourn on Thursday, June 2, 1994, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 6, 7, 8, 9, and 10, 1994, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, provided that the President of the Senate and the Speaker of the House are authorized to meet on Wednesday, June 8, 1994, for the ratification of acts which have been enrolled prior to that date;
(2) When the respective houses of the General Assembly adjourn on Friday, June 10, 1994, not later than 5:00 p.m., they shall stand adjourned to meet in statewide session at 11:00 a.m., Monday, June 13, 1994, to continue in session, if necessary, until Friday, June 17, 1994, not later than 5:00 p.m., for the consideration of gubernatorial vetoes, the receipt and/or confirmation of appointments, ratification of acts, consideration of local matters where the affected delegation is unanimous and the receipt and/or consideration of conference and free conference reports; and
(3) When the respective houses of the General Assembly adjourn on or before Friday, June 17, 1994, not later than 5:00 p.m., they shall stand adjourned to meet in statewide session at 11:00 a.m. on Friday, June 24, 1994, for the exclusive purpose of the consideration of gubernatorial vetoes and shall continue in session thereafter, as necessary, for this purpose to adjourn SINE DIE not later than 5:00 p.m. on Tuesday, June 28, 1994.
The yeas and nays were taken on the adoption of the Resolution resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cromer Davenport Delleney Elliott Fair Felder Gamble Graham Harrelson Harris, J. Harris, P. Haskins Hines Holt Huff Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, R.
Those who voted in the negative are:
Cooper Fulmer Hallman
So, the Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5238 -- Reps. Kennedy, Snow and Harvin: A HOUSE RESOLUTION TO CONGRATULATE THE GREELEYVILLE ELEMENTARY SCHOOL IN WILLIAMSBURG COUNTY UPON RECEIVING A 1994 BLUE RIBBON SCHOOL AWARD FROM THE UNITED STATES DEPARTMENT OF EDUCATION.
The Resolution was adopted.
The following was introduced:
H. 5239 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA YELLOW JACKETS ON WINNING THE SOUTH CAROLINA CLASS AAA HIGH SCHOOL STATE GOLF CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5240 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LAURA JAN JONES WATSON OF SPARTANBURG UPON HER UNTIMELY DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5241 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS TRACK TEAM OF T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING ITS SECOND CONSECUTIVE STATE TITLE IN CLASS AAA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5242 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE CLASS AAA BOYS STATE TRACK CHAMPIONSHIP FOR 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5243 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING JOYCE PEEBLES OF PENDLETON HIGH SCHOOL ON HER PHENOMENAL SUCCESS AND CHAMPIONSHIP HONORS AT THE 1994 CLASS AA GIRLS TRACK MEET IN COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5244 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES TO DR. SALLIE CARTER UPON RECEIVING THE SUSAN B. McWHORTER OUTSTANDING WOMAN PROFESSIONAL AWARD FROM THE ASSOCIATION OF WOMEN PROFESSIONALS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5245 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. JOSEPH E. SUMMEROUR, JR., FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5246 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. RAYMOND REICH FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5247 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. PEGGY CAIN FOR HER OUTSTANDING SERVICE AND COMMITMENT TO PUBLIC EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5248 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MAJOR PATTY J. GARRET FOR DEDICATED AND OUTSTANDING SERVICE TO LAW ENFORCEMENT IN THIS STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5249 -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING LAKE CITY PRIMARY SCHOOL OF FLORENCE COUNTY ON BEING CHOSEN AS A WINNER OF THE NATIONAL BLUE RIBBON SCHOOLS AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5250 -- Rep. Askins: A CONCURRENT RESOLUTION COMMENDING RICHARD T. MINCEY FOR HIS OUTSTANDING SERVICE AS LEGISLATIVE AGENT FOR THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and ordered placed on the Calender without reference.
S. 675 -- Senator Land: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 8, 10, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 OF THE 1976 CODE BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 OF THE 1976 CODE BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, RELATING TO WITNESSES BEFORE THE TAX COMMISSION, SO AS TO ALLOW COMMISSIONERS AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN TAX COMMISSION REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1992.
Rule 5.12 was waived, with unanimous consent.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper 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 Thursday, May 26.
James S. Klauber Joseph T. McElveen, Jr. Ralph W. Canty C. Alex Harvin, III Richard M. Quinn, Jr. Dell Baker Stephen E. Gonzales John J. Snow, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARWELL a leave of absence for the day.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
The yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Barber Baxley Boan Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Harrell Harrelson Harris, J. Harrison Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Richardson Riser Robinson Rogers Scott Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
Those that voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKINS, HODGES and JENNINGS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) 'Official capacity' means activities which:
(a) arise because of the position held by the public official or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and
(c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."
SECTION 2. Section 2-17-10(14) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(14) 'Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is considered a lobbyist's principal only as to the public office or public body to which he has authorized, pursuant to this chapter, a lobbyist to engage in lobbying."
SECTION 3. Section 2-17-20(B)(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
SECTION 4. Section 2-17-20(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:
"(4) If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed a lobbyist's principal as to all public offices or public bodies of the State."
SECTION 5. Section 2-17-25(B)(3) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(3) an identification of the public office or public body which the lobbyist's principal will authorize lobbying and the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
SECTION 6. Section 2-17-25(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:
"(5) If a lobbyist's principal fails to identify the public office or public body for which he has authorized lobbying as required by item (3) of this subsection, then the lobbyist's principal is deemed a lobbyist's principal as to all public offices or public bodies of the State."
SECTION 7. The first paragraph of Section 2-17-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-30. (A) Each lobbyist, no later than April first tenth and October first tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 8. The first paragraph of Section 2-17-35 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April first tenth and October first tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 9. Section 2-17-65(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) If, after notification by the State Ethics Commission that a required statement has not been filed, the person fails to file the necessary notices and reports, the State Ethics Commission shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."
SECTION 10. Section 2-17-90(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."
SECTION 11. Section 2-17-90(F) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(F) The provisions of this section do not apply to a public official or a public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal or to a public official or a public employee who pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal when the ticketed event is open to the general public."
SECTION 12. Section 2-17-90 of the 1976 Code, as added by Act 248 of 1991, is amended by adding:
"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse's receipt of the lodging, transportation, entertainment, food, meals, beverages, or invitation is purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."
SECTION 13. Section 2-17-100 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-100. A public official or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official or public employee who is required to file a statement of economic interests under Section 8-13-1100 8-13-1110. A public official or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.
If the expenses are incurred out of state, the public official or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of any a public official of any a state agency who is not listed in a subitem an item below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of a department of the State or any state board, commission, agency, or authority, including committees of any such body, by whatever name known, in all other cases."
SECTION 14. Section 8-13-100(5) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(5) 'Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 15. Section 8-13-100(12) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 16. Section 8-13-100 of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:
"( ) 'Official capacity' means activities which:
(a) arise because of the position held by the public official, public member, or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and
(c) are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."
SECTION 17. Section 8-13-100, of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:
"( ) 'State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."
SECTION 18. The first six lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:
"(9) to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section."
SECTION 19. Section 8-13-320(10)(f), of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(f) The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by affirmative vote of a majority of the members of the commission approval of the chairman, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section."
SECTION 20. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-325. The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."
SECTION 21. Section 8-13-715 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-715. A public official, public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, or public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official, public member, or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official, public member, or public employee is associated.
If the expenses are incurred out of state, the public official, or public member, or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
(2) a statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of the governmental entity in all other cases."
SECTION 22. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:
"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:
(a) as required by law; or
(b) before a court under the unified judicial system.
(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."
SECTION 23. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."
SECTION 24. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."
SECTION 25. Section 8-13-775 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."
SECTION 26. Section 8-13-785 of the 1976 Code, as added by 248 of 1991, is amended to read:
"Section 8-13-785. (A) Nothing in Chapter 13 of Title 8 prevents an elected official from communicating, in writing, with a board or commission member or employee, on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters, provided that the elected official, an individual with whom the elected official is associated, or a business with which the elected official is associated is not representing the constituent for compensation.
(B) The provisions of Articles 1 through 11 of this chapter do not prohibit a public official from contracting with the State or a governmental entity when the contract is awarded in accordance with Chapter 35 of Title 11."
SECTION 27. Section 8-13-1110(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:
(1) a person appointed to fill the unexpired term of an elective office;
(2) a salaried member of a state board, commission, or agency;
(3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;
(4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;
(5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;
(7) a school district and county superintendent of education;
(8) a school district board member and a county board of education member;
(9) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision including, but not limited to, those named in item (6);
(10) a public official;
(11) a public member who serves on a state board, commission, or council;
(12) a consultant".
SECTION 28. Section 8-13-1120(A)(3) and (4) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(3)(a) the description, value, and location of all real property owned and options to purchase real property during the reporting period by a filer or a member of the filer's immediate family if:
(i) there have been any public improvements of more than two hundred dollars on or adjacent to the real property within the reporting period and the public improvements are known to the filer; or
(ii) the interest can reasonably be expected to be the subject of a conflict of interest; or
(b) if the a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or
(4) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests the name of each organization which paid for or reimbursed actual expenses of the filer for speaking before a public or private group, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement;"
SECTION 29. Section 8-13-1120(A)(6)(a) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(6)(a) a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"
SECTION 30. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation was extended to the entire membership of the House, Senate, or General Assembly, and the invitation was accepted by the House or Senate Invitations Committee pursuant to House or Senate rules."
SECTION 31. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1127. The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."
SECTION 32. Section 8-13-1150 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1150. A consultant must file a statement of economic interests for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:
(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or
(2) where the entity was awarded a contract by the consultant."
SECTION 33. Section 8-13-1160 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt.
(B) Within two five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."
SECTION 34. Section 8-13-1300(4) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 35. Section 8-13-1300(7) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election or ballot measure; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source."
SECTION 36. Section 8-13-1300(9) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. ; or
(d) a ballot measure."
SECTION 37. Section 8-13-1300(17) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 38. Section 8-13-1300(23) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(23) 'Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate, or public official, or ballot measure, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. 'Noncandidate committee' does not include political action committees that contribute solely to federal campaigns."
SECTION 39. Section 8-13-1308 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.
(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.
(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, before the election in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.
(E) Notwithstanding the provisions of subsections (B) and (D), if a pre-election campaign report provided for in subsection (D) is required to be filed within thirty days of the end of the prior quarter, a candidate or committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (D) no later than fifteen days before the election.
(F) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the candidate or committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the candidate or committee;
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 40. Section 8-13-1310(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."
SECTION 41. Section 8-13-1310(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) Within two five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."
SECTION 42. Section 8-13-1346 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1346. (A) A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.
(B) This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member.
(C) This section does not prohibit the expenditure of public resources by a governmental entity to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that governmental entity; however, a governmental entity may not use public funds, property, or time in an attempt to influence the outcome of a ballot measure."
SECTION 43. Section 8-13-1354 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1354. A candidate, committee, or other person who which makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
SECTION 44. Section 8-13-1356(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after candidacy books close receiving a candidate's statement of economic interests under subsection (B), must file a copy of the statement with the appropriate supervisory office."
SECTION 45. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."
SECTION 46. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.
SECTION 47. Section 2-17-70 of the 1976 Code is repealed.
SECTION 48. This act takes effect upon approval by the Governor, except SECTION 24, which takes effect July 1, 1995. Provided, however, any changes in reporting requirements pursuant to the provisions of this act shall apply only to transactions occurring on or after January 1, 1995.
Amend title to conform.
/s/Thomas L. Moore /s/David H. Wilkins /s/H. Samuel Stilwell /s/James H. Hodges /s/McKinley Washington, Jr. /s/Douglas Jennings, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved that when the House adjourns it adjourn to meet Tuesday, May 31, at 11:00 A.M., which was agreed to.
Announcement was made that Dr. Norman Walsh of Charleston is the Doctor of the Day for the General Assembly.
The following was received from the Senate.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1196:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
and asks for a Committee of Conference and has appointed Senators Ford, Richter and Rankin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. WOFFORD, KELLEY and J. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.
H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.
H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.
S. 1313 -- Senator Land: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.
Rep. M.O. ALEXANDER explained the Bill.
H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 1313 be read the third time tomorrow.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that H. 5193 be read the third time tomorrow.
The following Bill was taken up.
S. 1377 -- Senators Washington and Cork: 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. WHITE moved to table the Bill, which was agreed to.
Rep. WRIGHT moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Bill was taken up.
H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.
Reps. MOODY-LAWRENCE, SCOTT and HINES objected to the Bill.
The following Bill was taken up.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
Rep. HUTSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16298AC.94).
Amend the bill, as and if amended, Section 44-7-325(A), by deleting lines 34-36, on page 48-1 and inserting /a medical record of fifty cents per page/.
Amend further, Section 38-77-341(5), by deleting lines 25-28, page 48-2 and inserting:
/the search for and duplication of a medical record of fifty cents per page and a clerical fee for/.
Amend further, Section 42-15-95, by deleting lines 12-14 on page 48-3 and inserting /record of fifty cents per page and a clerical fee/.
Amend further, Section 42-115-80, by deleting lines 36-39 on page 48-3 and inserting:
/and duplication of a medical record of fifty cents per page and a clerical fee for searching and/.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. TUCKER moved to table the amendment.
Rep. HUTSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Barber Breeland Brown, J. Byrd Carnell Chamblee Cobb-Hunter Cooper Cromer Elliott Felder Gamble Govan Harris, J. Harris, P. Harrison Harvin Hines Hodges Kennedy Klauber Mattos McAbee McMahand Neal Phillips Robinson Rogers Scott Shissias Stille Stuart Townsend Tucker Waites Whipper White Wilder, J. Williams
Those who voted in the negative are:
Allison Anderson Bailey, G. Bailey, J. Baxley Brown, G. Brown, H. Cato Davenport Delleney Fair Farr Graham Hallman Harrelson Haskins Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Martin McElveen McLeod Meacham Moody-Lawrence Richardson Riser Rudnick Sheheen Simrill Smith, R. Spearman Stoddard Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkes Witherspoon Wofford Young, A.
So, the House refused to table the amendment.
Reps. HODGES, TUCKER, McMAHAND, J. HARRIS, CARNELL, ROGERS, SCOTT and WHITE objected to the Bill.
The following Bill was taken up.
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.
Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20972SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 33-15-103(a) of the 1976 Code, as amended by Act 446 of 1990, is further amended to read:
"(a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporation name that satisfies the requirements of Section 33-15-106;
(2) the name of the state or country under whose law it is incorporated;
(3) its date of incorporation and period of duration;
(4) the street address of its principal office;
(5) the address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses of its current directors and officers;
(7) a statement of the aggregate number of shares which the corporation has authority to issue, itemized by classes and series, if any, within a class; and
(8) a certificate, signed by an attorney licensed to practice in this State, that, in the opinion of the attorney, all of the requirements of this section relating to the application for authorization of foreign corporations to do business in this State have been complied with."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 665 be read the third time tomorrow.
The following Bill was taken up.
S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7867BDW.94), which was adopted.
Amend the bill, as and if amended, Section 39-41-10, page 3, line 15, after /products/ by inserting /but does not include compressed natural gas or propane when dispensed or sold as a motor vehicle fuel/.
Amend 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.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 797 be read the third time tomorrow.
The following Bill was taken up.
H. 4049 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE REAL ESTATE INSPECTION COMPANIES TO BE REGISTERED WITH THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION AND TO PROVIDE TO THE COMMISSION CERTAIN BONDING AND LIABILITY INSURANCE CERTIFICATION.
Rep. G. BAILEY moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 849 -- Senators Greg Smith, Rankin and Washington: A BILL TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO PROVIDE THAT VEHICLES OWNED BY NONRESIDENTS MAY BE OPERATED FOR A MAXIMUM OF ONE HUNDRED EIGHTY-THREE DAYS WITHIN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER SUCH VEHICLE.
Rep. PHILLIPS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7941BDW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 56-5-4070 of the 1976 Code, as last amended by Section 1430, Act 181 of 1993, is further amended to read:
"Section 56-5-4070. (1)(A) Two or three unit vehicle combinations may be operated on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075. The department may require warning devices which may be necessary to protect public safety. When in use on the National System of Interstate and Defense Highways and 'other qualifying highways':
(a)(1) a No trailer or semitrailer may be operated in a two unit truck tractor-trailer or truck tractor-semitrailer combination in excess of a length of forty-eight feet but no longer than fifty-three feet, inclusive of the load carried on it. A fifty-three foot long trailer must be equipped with a rear underride guard, and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles must may be no greater than forty-one feet;.
(b)(2) A trailer or semitrailer, operating in a three unit combination, may not exceed a length of twenty-eight and one-half feet, inclusive of the load carried on it;.
(c)(3) Auto and boat transporters may not have an overall length in excess of seventy-five feet, exclusive of front and rear overhang;. However, front overhang must may not exceed three feet, and rear overhang must may not exceed four feet;.
(d)(4) Saddle mounts and full mounts may not have an overall length in excess of seventy-five feet.
(2)(B) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, and a motor vehicle, other than a motor home, in excess of thirty-five feet may have not less than three axles, except buses with two axles approved by the Department of Public Safety.
(3)(C) A combination of vehicles coupled together or especially constructed to transport motor vehicles in a truckaway or driveaway service may tow up to three saddle mounts. No other combination of vehicles coupled together may consist of more than two units, except as permitted by subsection (1) of this section (A).
(4)(D) Except as permitted by subsection (1) of this section (A), trailers or semitrailers used within combinations may not exceed a length of forty-eight fifty-three feet, and auto transporters are excluded from trailer length limitations. A fifty-three foot long trailer must be equipped with a rear underride guard, and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles may be no greater than forty-one feet. Auto transporters may be allowed an upper level overhang not to exceed three feet on the front and four feet on the rear.
(5)(E) Except where specifically prohibited in this article, there is no overall length limit on combination vehicles.
(6)(F) Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers may must not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."/
Renumber sections to conform.
Amend title to conform.
Rep. PHILLIPS explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the Bill dealt with nonresidents keeping a car in the State for a certain amount of time and the amendment dealt with federal aid to highways.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. SIMRILL objected to the Bill.
Rep. KELLEY explained the Bill.
The Bill was read the second time and ordered to third reading.
Rep. KELLEY asked unanimous consent that S. 849 be read a third time tomorrow.
Rep. G. BROWN objected.
Rep. CORNING moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
Rep. QUINN, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1342DW.94), which was adopted.
Amend the bill, as and if amended, Page 1, Line 34, by inserting after /1984./ /However, the two seats of those members of the Trustees of School District Number 5, whose terms expire in 1994, and the seat of the trustee most recently filled for an unexpired term by the Lexington County Board of Education, which expires in 1996, must be elected from the district at-large./
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bill was taken up.
S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
Rep. HOUCK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16196AC.94).
Amend the bill, as and if amended, by deleting Section 40-15-177(C) and inserting:
/(C) A dentist with a restricted volunteer license under this section only may practice dentistry and perform dental procedures if a dentist with an unrestricted license is on the premises, if available. However, if a dentist with an unrestricted license is not available, the dentist with a restricted volunteer license must review with a local licensed dentist in good standing every fifty dental patients seen./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. RICHARDSON having the floor.
Rep. LITTLEJOHN moved that the House recur to the Morning Hour, which was agreed to.
The Senate returned to the House with amendments the following:
H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
The Senate amendments were agreed to, and the Joint Resolution 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.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. RICHARDSON having the floor.
S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
Debate was resumed on Amendment No. 1 by Rep. HOUCK.
Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, May 31, which was adopted.
Rep. J. BAILEY moved that the House do now adjourn.
Rep. LITTLEJOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Elliott Kennedy Martin McElveen Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Baxley Beatty Brown, G. Brown, H. Canty Carnell Cato Chamblee Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Harrell Harrelson Harris, J. Harrison Haskins Holt Hutson Jennings Keegan Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn McCraw McLeod McMahand Meacham Moody-Lawrence Neal Neilson Quinn Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilkes Wilkins Wofford Worley
So, the House refused to adjourn.
Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
The following Bill was taken up.
S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.
Rep. LITTLEJOHN moved to adjourn debate upon the Bill.
Rep. STILLE moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, May 31, which was agreed to.
The following Bill was taken up.
H. 5210 -- Reps. Lanford, Walker, Littlejohn, Davenport, Vaughn, D. Wilder and Beatty: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.
Rep. WALKER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9260JM.94), which was adopted.
Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 and inserting:
/SECTION 1. All powers and duties of the County Board of Education of Spartanburg County are devolved upon the seven boards of trustees of the local school districts of Spartanburg County, and the County Board of Education of Spartanburg County is abolished.
There is established an oversight committee, known as the Spartanburg County Education Oversight Committee, comprised of the chairperson of the board of trustees of each of the seven school districts of Spartanburg County, ex officio. The chairman of the oversight committee shall serve on a one-year rotational basis in accordance with rules as determined by the oversight committee. The superintendents of the seven school districts of the county also shall serve on the oversight committee, ex officio; provided, however, that the superintendent members of the oversight committee shall have no voting authority or power as members of the committee.
The primary function of the Spartanburg County Education Oversight Committee is to ensure that minimum foundation money is distributed on a fair and equitable basis, based on the prevailing funding formula utilized during the 1993-94 school year as stated in the rules of the County Board of Education of Spartanburg County.
The oversight committee shall ensure a common teacher salary schedule throughout the seven school districts of the county and shall establish procedures to ensure that the integrity and uniqueness of the seven school districts shall be maintained.
Each of the seven boards of trustees of Spartanburg County shall have total fiscal autonomy. Funding derived from the minimum foundation monies must be distributed annually to each of the seven school districts by the Spartanburg County Treasurer's Office in accordance with the payment procedures as directed by the oversight committee.
All assets of the County Board of Education of Spartanburg County must be sold and the proceeds from the sale must be distributed equally based on average daily membership in each of the seven school districts in Spartanburg County./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 5210 be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 732 -- Senator Holland: A BILL TO AMEND SECTION 23-45-30(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SPRINKLER CONTRACTOR'S LICENSE, SO AS TO REQUIRE THAT THE CERTIFICATE HOLDER BE A FULL-TIME EMPLOYEE IN A RESPONSIBLE MANAGEMENT POSITION; TO AMEND SECTION 23-45-140, RELATING TO FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, SO AS TO UPDATE CODES AND STANDARDS TO THE LATEST EDITIONS, TO ADD CODES AND STANDARDS, AND TO DELETE LANGUAGE AUTHORIZING THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND THE CODE BY ADDING SECTIONS 23-45-145 AND 23-45-147, SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM.
Rep. G. BAILEY explained the Bill.
H. 4010 -- Rep. Shissias: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR THE ENFORCEMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "ORDER FOR SUPPORT"; TO REVISE THE THRESHOLD FOR INITIATING INCOME WITHHOLDING; AND TO REVISE OTHER PROCEDURAL AND NOTICE REQUIREMENTS FOR INCOME WITHHOLDING, INCLUDING THE REQUIREMENT THAT EMPLOYERS AND PARENTS PAYING CHILD SUPPORT MUST NOTIFY THE CLERK OF COURT IF HEALTH INSURANCE IS AVAILABLE FOR CHILDREN ON WHOSE BEHALF THE CHILD SUPPORT IS PAID.
Rep. HODGES explained the Bill.
S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.
Rep. G. BAILEY asked unanimous consent that S. 732 be read a third time tomorrow.
Rep. DAVENPORT objected.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 4010 be read the third time tomorrow.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 398 be read the third time tomorrow.
Rep. R. SMITH moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
Rep. DAVENPORT moved to adjourn debate upon the following Joint Resolution until Wednesday, June 1, which was adopted.
S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.
The following Bill was taken up.
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20974SD.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Section 14-25-95 of the 1976 Code is amended to read:
"Section 14-25-95. Any party shall have the right to appeal from the sentence or judgment of the municipal court to the Court of General Sessions Common Pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, shall must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend such the appeal at the next term of the Court of General Sessions Common Pleas or shall pay the fine assessed."
SECTION ____. Section 14-25-105 of the 1976 Code is amended to read:
"Section 14-25-105. In the event of an appeal, the municipal judge shall make a return to the Court of General Sessions Common Pleas, and the appeal shall must be heard by the presiding judge upon such the return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided herein, the return shall include the reporter's transcript of the testimony. The return shall must be filed with the Clerk of the Court of General Sessions Common Pleas of the county in which the trial was held and the cause shall must be docketed for trial in the same manner as is now provided for appeals from magistrate's courts placed on the motion calendar for the Court of Common Pleas. There shall be no trial de novo on any appeal from a municipal court."
SECTION ____. Section 18-3-10 of the 1976 Code is amended to read:
"Section 18-3-10. Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the next term of the court of general sessions Court of Common Pleas for the county;. provided, that in any county in which there is a county court, appeals in such cases shall be to the county court for the county."
SECTION _____. Section 18-3-60 of the 1976 Code is amended to read:
"Section 18-3-60. The clerk of court, upon receipt of the case, shall place it upon the proper docket of the court of general sessions for trial or other disposition at the next ensuing term of court the motion calendar of the court of common pleas."
SECTION ____. Section 18-3-70 of the 1976 Code is amended to read:
"Section 18-3-70. The appeal shall must be heard by the court of common pleas general sessions upon the grounds of exceptions made and upon the papers required under this chapter, without the examination of witnesses in such that court. And the court may either confirm the sentence appealed from, reverse or modify it, or grant a new trial, as to the court may seem meet and conformable to law."
SECTION ____. Section 22-3-760 of the 1976 Code is amended to read:
"Section 22-3-760. After such the service the magistrate shall proceed with the trial as in criminal cases and if such the defendant corporation shall be is found guilty of the offense charged, whether by a verdict of a jury or by the findings of the magistrate in case a trial by jury be waived by the defendant, the magistrate shall pronounce sentence in conformity with the law in such the case and such the sentence may be enforced by an execution against the property of such the defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts; provided, that nothing herein shall may be construed to prevent the right of appeal by either party to the court of general sessions common pleas, as is now provided by law in criminal cases within the jurisdiction of magistrates."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 506 be read the third time tomorrow.
The following Bill was taken up.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20910SD.94), which was adopted.
Amend the bill, as and if amended, in Section 24-21-520 of the 1976 Code, as contained in SECTION 1, on line 34, page 1, by inserting immediately after /record/ /using the waiver of presentence investigation form developed by the Supreme Court/
When amended Section 24-21-520 of the 1976 Code shall read:
"Section 24-21-520. The department shall prepare a presentence investigation on all offenders who are convicted of a crime with a maximum penalty of not less than three years nor more than fifteen years or a class D, E, or F felony or a class A misdemeanor. In all other cases, the judge or the solicitor may require a presentence investigation before sentencing. The presentence investigation must be submitted to the court before sentencing. In cases in which the defendant pleads guilty or nolo contendere, the defendant may waive the presentence investigation. This waiver must be made freely, voluntarily, and on the record using the waiver of presentence investigation form developed by the Supreme Court. Every presentence investigation must contain the following:
(1) a recommendation about the suitability of the offender for community supervision under any probation program and any of the sentencing options set forth in Chapter 21 of Title 24;
(2) input received from victims and witnesses;
(3) input received from law enforcement;
(4) a social history for the offender; and
(5) other pertinent information about the offender."
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES explained the Bill and moved to adjourn debate upon the Bill until Tuesday, May 31, which was adopted.
The following Bill was taken up.
S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.
Rep. HODGES explained the Bill.
Rep. COBB-HUNTER moved to adjourn debate upon the Bill until Tuesday, May 31, which was adopted.
Rep. HUFF moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.
The following Bill was taken up.
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20940SD.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:
"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."
SECTION 2. Section 2-15-20 of the 1976 Code is amended to read:
"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the Governor, President of the South Carolina Senate and two elected three of whom must be appointed by the South Carolina Senate, two elected by the Speaker of the South Carolina House of Representatives and one appointed by the South Carolina Board of Accountancy. The nominating committee shall present at least one nominee and not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Reps. KIRSH, SIMRILL and MOODY-LAWRENCE objected to the Bill.
Rep. HODGES continued speaking.
The amendment was then adopted.
Rep. TOWNSEND moved that the House do now adjourn.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, J. Baxley Boan Breeland Brown, J. Carnell Cobb-Hunter Cooper Delleney Hallman Harrelson Harvin Hines Kennedy Koon Martin McElveen McLeod Neal Phillips Rogers Scott Snow Stille Sturkie Thomas Townsend Trotter Whipper Williams Witherspoon Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Beatty Brown, H. Cato Chamblee Clyborne Corning Cromer Davenport Fair Farr Felder Fulmer Gamble Gonzales Graham Harrell Harris, J. Harrison Hodges Huff Hutson Keegan Keyserling Kinon Kirsh Klauber Law McCraw McMahand McTeer Meacham Rhoad Riser Robinson Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Tucker Vaughn Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wofford Wright
So, the House refused to adjourn.
The SPEAKER granted Reps. KENNEDY and WILLIAMS a leave of absence for the remainder of the day.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1305DW.94), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, page 1040-2, line 20, by inserting after /Assembly./ /If the General Assembly is not in session and a vacancy exists in the non ex officio members of the council, the Speaker and President of the Senate, acting jointly, shall fill the vacancy until an election can be held./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1302DW.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/SECTION ____. Section 1-27-10 of the 1976 Code is amended to read:
"Section 1-27-10. There is created the South Carolina Advisory Commission on Intergovernmental Relations (commission) as part of the Office of the Executive Director, State Budget and Control Board."/
/SECTION ____. Section 1-27-60 of the 1976 Code is amended to read:
"Section 1-27-60. The commission shall receive funding as may be provided by the General Assembly and the commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities. The Commission shall recommend an annual budget and appropriation request to the Budget and Control Board."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 1040 be read the third time tomorrow.
Rep. CROMER moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20975SD.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Section 23-31-120 of the 1976 Code is amended to read:
"Section 23-31-120. (a) (A) The State Law Enforcement Division may issue permits to a qualified persons person when the nature of their his business or employment requires that they are he is regularly exposed regularly to dangerous circumstances what are as determined by the division to be dangerous circumstances. Any A permit issued pursuant to item (12) of Section 16-23-20(12) shall must specify the conditions under which possession of the weapon is authorized.
(b) (B) The division shall conduct an investigation of the applicant as it considers necessary to determine his qualifications to obtain a permit. All applicants shall An applicant successfully must demonstrate to the chief of the division or his designee their his proficiency in both the use of pistols and the state laws pertaining thereto to pistols or complete a training course conducted by the division to insure ensure that the applicant is competent in the use, safety techniques, and legal responsibilities related to the carrying and use of weapons prior to before the issuance of a permit. The applicant shall must submit to the division, on a form provided by it, a complete set of fingerprints. If the applicant is found at that time not to be qualified for a permit and requests training, a fee of fifty dollars must be charged by the division for the training and must be paid to the division to be used to defray the cost of training. Any A person determined by the chief of the division to have had who has sufficient training from other sources as determined by the chief of the division or, upon examination by the chief of the division or his designee, to be is proficient in both the use of pistols and the state laws relating thereto to them, is not required to complete the training course. Fees and renewals for permits are thirty dollars payable to the division to defray the cost of issuing the permits and renewals. The permits are valid for two years. The chief of the division shall establish procedures for application for permits, the testing of applicants, and the issuance of permits and shall promulgate regulations therefor for them.
(c) All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of such permit, a bond in the amount of two thousand dollars for the purpose of guaranteeing payment up to such amount of any judgment obtained against such person arising out of the negligent or unlawful use of any pistol possessed and used by such person, whether such cause of action arises out of such person's official duties or otherwise. Such bond shall be issued by a commercial bonding company licensed by the State and it shall be issued for a period of time coterminous with the life of the permit. In the event any permit is cancelled, suspended or revoked by the division, such bond shall not be effective as to covered acts committed during such times as the permit is not in effect. Any person whose application has been denied may appeal such denial to the circuit court for the county of his residence and shall be heard as on certiorari."
SECTION ____. Section 23-1-70 of the 1976 Code is repealed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 492 be read the third time tomorrow.
The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Stilwell and Washington of the Committee of Free Conference on the part of the Senate on H. 4070 and has granted Free Conference Powers:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4070:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. DAVENPORT moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20893SD.94), which was tabled.
Amend the Resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. There is hereby created a committee to study the consumer finance laws in this State as they relate to sales finance contracts. The committee shall consist of three members of the House of Representatives, to be appointed by the Speaker; three members of the Senate, to be appointed by the President Pro Tempore; the State Consumer Advocate, or his designee; and the Director of the Consumer Finance Division of the State Board of Financial Institutions, or his designee. In addition, there shall be six nonvoting members of the committee. Three shall represent consumer interests, one each to be designated by chief executive officers of the South Carolina Legal Services Association, South Carolina Fair Share, and the South Carolina Conference of Branches of the National Association for the Advancement of Colored People, and three shall represent industry interests, one each to be designated by the presidents of the South Carolina Associations representing supervised lenders, restricted lenders, and used car dealers before the South Carolina General Assembly. The committee shall utilize the existing staff of the Senate Banking and Insurance Committee or the Senate Judiciary Committee, or both.
The committee shall make the following findings relative to consumer lending and sales finance contracts: (1) whether an appropriate maximum finance charge, if any, shall be set; (2) to what extent other charges shall continue to be authorized; (3) to what extent refinancing and consolidation shall continue to be authorized; (4) to what extent credit insurance shall continue to be authorized; and (5) such other findings that the committee, in the course of its deliberations, shall consider necessary.
The committee shall make a report, with recommendations, to the General Assembly by January 24, 1995, at which time the committee shall be dissolved./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.C. ALEXANDER moved to table the amendment, which was agreed to.
Rep. T.C. ALEXANDER explained the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. WHIPPER, with unanimous consent, it was ordered that S. 1328 be read the third time tomorrow.
Rep. WILKES moved that the House recur to the Morning Hour.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, J. Barber Beatty Cato Davenport Farr Harrell Harris, J. Hines Hodges Huff Hutson Keegan Keyserling Martin Neal Neilson Phillips Robinson Rogers Rudnick Sharpe Smith, R. Stone Vaughn Waites Waldrop Walker Wilder, D. Wilkes Witherspoon Worley Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Baxley Brown, H. Carnell Chamblee Cromer Delleney Fair Felder Fulmer Gamble Graham Hallman Harrelson Harrison Harvin Haskins Holt Jennings Kinon Kirsh Klauber Koon Lanford Law McAbee McCraw McTeer Meacham Quinn Rhoad Richardson Riser Sheheen Shissias Simrill Smith, D. Spearman Stille Stoddard Stuart Sturkie Tucker Wells White Wilder, J. Wright
So, the House refused to recur to the Morning Hour.
Rep. WITHERSPOON moved that the House do now adjourn.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, J. Boan Byrd Carnell Chamblee Harris, J. Hines Hodges Martin McAbee McLeod Neal Rogers Stille Thomas Townsend Wilder, J. Witherspoon Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Barber Baxley Beatty Brown, H. Canty Cato Cromer Davenport Delleney Fair Farr Felder Fulmer Gonzales Hallman Harrell Harrelson Harvin Haskins Huff Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law McCraw McTeer Meacham Neilson Phillips Quinn Richardson Robinson Rudnick Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Sturkie Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilkes Wofford Wright
So, the House refused to adjourn.
Rep. SIMRILL withdrew his objection to the following Bill.
H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.
Rep. TROTTER withdrew his objection to the following Bill.
H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 3, Rep. J. BAILEY having the floor.
H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.
Rep. FELDER moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Baxley Beatty Boan Byrd Carnell Chamblee Davenport Delleney Farr Felder Fulmer Gamble Gonzales Govan Harrelson Harris, J. Harvin Hines Hodges Holt Huff Jennings Keegan Kelley Keyserling Kirsh Klauber Koon Lanford Mattos McAbee McCraw McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Thomas Trotter Tucker Waldrop Walker White Wilder, D. Wilder, J. Wilkes Witherspoon Young, A.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baker Barber Brown, H. Cato Clyborne Cooper Corning Fair Hallman Harrell Harrison Hutson Law Riser Robinson Rogers Stuart Sturkie Vaughn Waites Wells Wofford Wright
So, the Bill was continued.
I was temporarily out of the Chamber when the vote was taken to continue H. 4497. Had I been present, I would have voted to continue.
Rep. MARION H. KINON
Rep. JOHN J. SNOW, JR.
Rep. SCOTT moved that the House do now adjourn.
Rep. McTEER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The Senate amendments to the following Bill were taken up for consideration.
S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HUFF moved that the House recur to the Morning Hour, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.
S. 1325 -- Senators Moore, Short and Jackson: 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.
S. 1378 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1379 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5218 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM S33-266 IN McCORMICK COUNTY.
On motion of Rep. THOMAS, with unanimous consent, it was ordered that S. 1046 be read the third time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1378 be read the third time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1379 be read the third time tomorrow.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 5218 be read the third time tomorrow.
Rep. McTEER moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
The following Bill was taken up.
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.
Reps. WILKES and KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5911HTC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5, and inserting:
/SECTION 3. Upon approval by the Governor, this act is effective for taxable years beginning after 1993./
Renumber sections to conform.
Amend title to conform.
Rep. WILKES 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. WILKES, with unanimous consent, it was ordered that S. 699 be read the third time tomorrow.
The following was received from the Senate.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4691:
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4911:
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.
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 706:
S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 778:
S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4811:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WALKER moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.
Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7928BDW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 32, Title 59 of the 1976 Code is amended by adding:
"Section 59-32-1. The purpose of this chapter is to promote general good health practices and to reduce the incidence of sexual activity among school age youth."
SECTION __. Section 59-32-60 of the 1976 Code is amended to read:
"Section 59-32-60. The department shall assure district compliance with this chapter. In addition to the duties prescribed by this chapter, the State Board of Education also shall assure district compliance. Each local school board shall consider the programs addressed in this chapter in developing its annual district report."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. STILLE raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
On motion of Rep. STILLE, with unanimous consent, it was ordered that S. 624 be read the third time tomorrow.
Rep. FARR moved to reconsider the vote whereby debate was adjourned on the following Bill, which was rejected.
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
Rep. ROBINSON moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".
Rep. FAIR moved that the House do now adjourn.
Rep. HARRISON demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 47 to 36.
The Senate returned to the House with concurrence the following:
H. 5232 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR., ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.
H. 5235 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY RAIDERS ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION'S CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.
H. 5236 -- Reps. J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. JOHN R. STEVENSON OF COLUMBIA FOR HIS EXCELLENT AND DEDICATED SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT ONE, AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.
H. 5239 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA YELLOW JACKETS ON WINNING THE SOUTH CAROLINA CLASS AAA HIGH SCHOOL STATE GOLF CHAMPIONSHIP.
H. 5240 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LAURA JAN JONES WATSON OF SPARTANBURG UPON HER UNTIMELY DEATH.
H. 5241 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS TRACK TEAM OF T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING ITS SECOND CONSECUTIVE STATE TITLE IN CLASS AAA.
H. 5242 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE CLASS AAA BOYS STATE TRACK CHAMPIONSHIP FOR 1994.
H. 5243 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING JOYCE PEEBLES OF PENDLETON HIGH SCHOOL ON HER PHENOMENAL SUCCESS AND CHAMPIONSHIP HONORS AT THE 1994 CLASS AA GIRLS TRACK MEET IN COLUMBIA.
H. 5244 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES TO DR. SALLIE CARTER UPON RECEIVING THE SUSAN B. McWHORTER OUTSTANDING WOMAN PROFESSIONAL AWARD FROM THE ASSOCIATION OF WOMEN PROFESSIONALS.
H. 5245 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. JOSEPH E. SUMMEROUR, JR., FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.
H. 5246 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. RAYMOND REICH FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.
H. 5247 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. PEGGY CAIN FOR HER OUTSTANDING SERVICE AND COMMITMENT TO PUBLIC EDUCATION.
H. 5248 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MAJOR PATTY J. GARRET FOR DEDICATED AND OUTSTANDING SERVICE TO LAW ENFORCEMENT IN THIS STATE.
H. 5249 -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING LAKE CITY PRIMARY SCHOOL OF FLORENCE COUNTY ON BEING CHOSEN AS A WINNER OF THE NATIONAL BLUE RIBBON SCHOOLS AWARD.
H. 5250 -- Rep. Askins: A CONCURRENT RESOLUTION COMMENDING RICHARD T. MINCEY FOR HIS OUTSTANDING SERVICE AS LEGISLATIVE AGENT FOR THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
At 12:45 P.M. the House in accordance with the motion of Rep. KENNEDY adjourned in memory of Johnny Demeary of Kingstree, to meet at 10:00 A.M. tomorrow.
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