Printed Page 2780, Feb. 24
| Printed Page 2800, Feb. 24
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Printed Page 2780, Feb. 24
| Printed Page 2800, Feb. 24
| Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 48-5-170 of the 1976 Code is amended to read:
"Section 48-5-170.If at any time a project sponsor fails to effect the punctual payment of an amount payable by the project sponsor to the authority pursuant to a loan agreement or other agreement between the project sponsor and the authority, the State Treasurer shall, upon notification by the authority of the failure by the project sponsor to make the payment, and subject to the withholding of amounts pursuant to Article X, Section 14, Paragraph (5) of the Constitution of this State, withhold from the project sponsor sufficient monies from a state appropriation to the project sponsor and apply so much as necessary to the payment of the amount. All appropriations for project sponsors are subject to the provisions of this section.
This section shall not apply to a county which, prior to july 15, 1992, has adopted a referendum pursuant to Article VIII, Section 16 of the Constitution, that contains specific restrictions which would prevent the county from receiving a loan from the fund due soley to the foregoing provisions of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FARR moved that the House recur to the morning hour.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Breeland Brown, J. Carnell
Cobb-Hunter Farr Govan Harvin Hodges Kennedy Kirsh Klauber McAbee McElveen McTeer Moody-Lawrence Rudnick Scott Shissias Stille Stuart Tucker Whipper White Wilder, D. Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Chamblee Cooper Corning Cromer Davenport Delleney Felder Gamble Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Koon Lanford Law Littlejohn Marchbanks McCraw McKay McMahand Meacham Phillips Rhoad Riser Robinson Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stone Thomas Trotter Vaughn Waites Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to recur to the morning hour.
Reps. FELDER and SHARPE withdrew their objections to the following Bill.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Rep. SIMRILL withdrew his objection to S. 540 however, other objections remained upon the Bill.
Rep. BREELAND withdrew his objection to the following Bill.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Rep. HOUCK, with unanimous consent, made a short statement relative to misrepresentation of H. 4374 by Blue Cross/Blue Shield.
The following was received. Columbia, S.C., February 24, 1994 Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:25 A.M. today for the purpose of Ratifying Acts.
Very respectfully, President
The following Concurrent Resolution was taken up.
H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Rep. RUDNICK moved to adjourn debate upon the Concurrent Resolution until Tuesday, March 1, which was adopted.
Rep. J. BROWN moved that the House do now adjourn.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Brown, G. Brown, J. Elliott Houck McLeod Sharpe Shissias Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Baxley Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling
Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw Meacham Moody-Lawrence Neilson Phillips Rhoad Riser Robinson Rudnick Simrill Snow Spearman Stille Stone Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The following Concurrent Resolution was taken up.
H. 4762 -- Reps. Gonzales, Stone, G. Brown, Simrill, Littlejohn, Corning, Shissias, Harrison, Fulmer, Harrell, Harrelson, Holt, Canty, J. Bailey, Waites, Stuart, Quinn, Whipper, Law, Keegan, Wright, Gamble, Klauber, R. Smith, D. Smith, A. Young, Cato and Meacham: A CONCURRENT RESOLUTION TO DECLARE THE INTENT OF THE GENERAL ASSEMBLY THAT ALL STATE AGENCIES AND DEPARTMENTS SHALL PROVIDE COPIES OF DOCUMENTS OR RECORDS REQUESTED BY A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE, OR ANY AGENCY OR DEPARTMENT THEREOF, PROMPTLY AND WITHOUT CHARGE IF THE REQUESTING ENTITY CERTIFIES THAT THE COPIES ARE NEEDED FOR NATURAL DISASTER RELIEF PURPOSES TO INCLUDE DOCUMENTATION TO A FEDERAL RELIEF AGENCY OF EXPENSES INCURRED OR ACTIONS TAKEN.
Whereas, it has come to the attention of the members of the General Assembly that some delay has occurred in the furnishing of documents and information to the Federal Emergency Management Agency as a result of Hurricane Hugo because of disputes between state and local agencies as
Whereas, the members of the General Assembly, by this resolution, declare that obtaining federal reimbursement of losses from this terrible natural disaster is vital to the economic recovery and well-being of those areas of our State devastated by Hurricane Hugo and that bureaucratic disagreements that delay these reimbursements do not serve the public interest. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly hereby declares its intent that all state agencies and departments shall provide copies of documents or records requested by a county, municipality, or other political subdivision of this State, or any agency or department thereof, promptly and without charge if the requesting entity certifies that the copies are needed for natural disaster relief purposes to include documentation to a federal relief agency of expenses incurred or actions taken.
Be it further resolved that the above provisions also apply to Freedom of Information Act requests.
Rep. GONZALES explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The SPEAKER granted Rep. GONZALES a temporary leave of absence.
Further proceedings were interrupted by the Ratification of Acts.
At 11:25 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R288) S. 1066 -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL
(R289) S. 1072 -- Senators Moore, Setzler and Ryberg: AN ACT TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.
(R290) S. 274 -- Senator Rose: AN ACT TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES MAY NOT REVIEW THE CASE OF A PRISONER CONVICTED OF A CAPITAL OFFENSE TO DETERMINE ELIGIBILITY FOR BENEFITS DURING THE MONTH OF DECEMBER.
(R291) S. 122 -- Senator McConnell: AN ACT TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
(R292) S. 532 -- Senators Wilson, Bryan, Giese and Thomas: AN ACT TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.
(R293) S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
(R294) S. 435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: AN ACT TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SMOKING IN PUBLIC INDOOR AREAS EXCEPT WHERE A SMOKING AREA IS DESIGNATED, SO AS TO INCLUDE IN THE PROHIBITION LICENSED CHILD DAY CARE FACILITIES.
(R295) S. 938 -- Senators Bryan, Washington, Giese and Hayes: AN ACT TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES, LOCAL GOVERNING BODIES, AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM FOR NONVIOLENT PERSONS REQUIRING MENTAL HEALTH TREATMENT.
(R296) H. 3984 -- Rep. McAbee: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.
(R297) H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: AN ACT TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.
(R299) H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY, THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY, THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY, THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY, TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350, THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994, AND NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY, TO PROVIDE THAT CERTIFICATION OF NAMES OF ALL CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE BY THE POLITICAL PARTY CHAIRMAN, VICE CHAIRMAN, OR SECRETARY TO THE STATE ELECTION COMMISSION OR THE COUNTY ELECTION COMMISSION, WHICHEVER IS RESPONSIBLE UNDER LAW FOR PREPARING THE BALLOT, NOT LATER THAN TWELVE O'CLOCK NOON ON JUNE SEVENTEENTH.
(R301) H. 4567 -- Reps. Townsend, P. Harris, Cooper, Stille, Chamblee and Tucker: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
(R302) H. 4570 -- Reps. Baker and McMahand: AN ACT TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.
(R303) H. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: AN ACT TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY AND ADMISSIBILITY OF EVIDENCE, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY, AND TO DEFINE AGGRAVATED FORCE TO INCLUDE THE USE OR THREAT OF USE OF A
Printed Page 2780, Feb. 24
| Printed Page 2800, Feb. 24
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