Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. CANTY moved that the House recur to the morning hour, which was agreed to.
Rep. R. SMITH, from the Aiken Delegation, submitted a favorable report, on:
S. 535 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3677 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-120 SO AS TO AUTHORIZE A PERSON TO FILE AN ALLEGATION OF A CODE VIOLATION WITH THE CHIEF ADMINISTRATIVE OFFICER OF A MUNICIPALITY OR COUNTY, PROVIDE THAT IF THE MATTER IS NOT RESOLVED WITHIN FIFTEEN DAYS THE SOUTH CAROLINA BUILDING CODE COUNCIL MAY INVESTIGATE THE ALLEGATION AND TAKE ACTION IT DEEMS NECESSARY, INCLUDING THE AUTHORITY TO LEVY A FINE OR REVOKE A LICENSE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3678 -- Reps. Cotty and Cromer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM
Referred to Committee on Judiciary.
H. 3679 -- Reps. Cotty and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL NOMINATING COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL NOMINATING COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THEY BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO
Referred to Committee on Judiciary.
The following was introduced:
H. 3680 -- Reps. Canty, Inabinett and Stuart: A CONCURRENT RESOLUTION SALUTING ROBERT W. DWYER OF SUMTER FOR HIS DEVOTION TO HIS NATION, STATE, AND COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3681 -- Rep. Keyserling: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE EFFORTS OF MAIN STREET BEAUFORT, USA AND CELEBRATING ITS TENTH ANNIVERSARY BY NOTING ITS MANY SUCCESSES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3682 -- Rep. Law: A CONCURRENT RESOLUTION TO CONGRATULATE THE BERKELEY HIGH SCHOOL FOOTBALL TEAM, HEAD COACH JERRY BROWN AND HIS STAFF, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP, AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. LANFORD, with unanimous consent, the following Bill was recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Spartanburg Delegation.
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
The SPEAKER granted Rep. BAILEY a leave of absence to attend a meeting with the Fire Marshal.
The following Concurrent Resolution was taken up.
H. 3646 -- Reps. Hodges and McElveen: A CONCURRENT RESOLUTION TO REQUEST CANDIDATES FOR JUDICIAL OFFICES TO BE FILLED BY ELECTION OF THE GENERAL ASSEMBLY DURING ITS 1995 SESSION TO REFRAIN FROM VISITING THE STATE HOUSE, BLATT BUILDING, GRESSETTE BUILDING, OR ANY OTHER BUILDINGS OF THE STATE CAPITOL COMPLEX FOR THE PURPOSE OF MEETING MEMBERS AND CAMPAIGNING FOR OFFICE UNTIL SUCH TIME AS THE
Rep. HODGES explained the Concurrent Resolution and moved to adjourn debate upon the Concurrent Resolution until Tuesday, February 28, which was adopted.
Rep. HUFF moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3683 -- Reps. Seithel, Cain, G. Brown, Herdklotz, J. Young, Haskins, Simrill, Hallman, Keegan, Sandifer, Jaskwhich, Harrell, Vaughn, Moody-Lawrence, Trotter, Rice, Phillips, Whatley, Easterday, Wells, Marchbanks, Davenport, S. Whipper and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".
Referred to Committee on Judiciary.
H. 3684 -- Reps. Stille, Herdklotz, Bailey, Phillips, McCraw, Simrill, Tripp, Cooper and H. Brown: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1995"; TO PROVIDE PROCEDURES WHICH GRANT TO PERSONS WHO HAVE SUED TO RECOVER CERTAIN DEBTS OR HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, AND OTHER PERSONAL PROPERTY OF THE DEBTOR.
Referred to Committee on Judiciary.
Referred to Committee on Education and Public Works.
H. 3686 -- Reps. Baxley, Walker, Fleming, Neilson, Hines, Davenport, Spearman, Littlejohn, Chamblee, Allison, Clyburn, Trotter, Wells, Beatty, Townsend, Lanford and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 39 SO AS TO ENACT THE "ASSISTIVE TECHNOLOGY WARRANTY ACT"; TO DEFINE TERMS; TO PROVIDE FOR EXPRESS WARRANTIES; TO PROVIDE FOR THE DURATION OF THE WARRANTIES; TO PROVIDE FOR REPAIR OF NONCONFORMITIES; TO PROVIDE FOR RETURN AND REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR PROCEDURES FOR RETURN OF NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR CALCULATION OF REFUNDS OWING TO CONSUMERS AND SECURITY INTEREST HOLDERS; TO PROVIDE PROCEDURES AND REQUIREMENTS FOR TRANSFERRING REAL AND LEGAL POSSESSION OF A NONCONFORMING ASSISTIVE TECHNOLOGY DEVICE FROM THE CONSUMER TO THE MANUFACTURER; TO PROHIBIT RESALE OF RETURNED NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES WITHOUT FULL DISCLOSURE; TO PROVIDE FOR THE RETURN OR REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES RECOMMENDED BY THE ASSISTIVE TECHNOLOGY DEVICE MANUFACTURER OR DEALER IF THE DEVICE DOES NOT MEET THE NEEDS OF THE PERSON WITH A DISABILITY; TO PROVIDE THAT THIS CHAPTER DOES NOT LIMIT ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE CONSUMER; TO PROVIDE THAT ANY WAIVER OF A CONSUMER'S RIGHTS UNDER THIS
Referred to Committee on Labor, Commerce and Industry.
H. 3687 -- Reps. Keyserling, L. Whipper, Cobb-Hunter, Bailey, Inabinett, Richardson, Neal, Jennings, Lloyd, Breeland and Davenport: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3688 -- Rep. Harvin: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO ENACT PROVISIONS FOR HEALTH CARE PURCHASING ALLIANCES, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3689 -- Reps. Byrd, Scott, Inabinett and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995" BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR AN INCOME TAX CHECKOFF FOR THE GIFT OF LIFE TRUST FUND; BY ADDING SECTION 44-43-720 SO AS TO REQUIRE CONSENT WHEN AN ORGAN REMOVED DURING AN AUTOPSY IS USED FOR ORGAN DONATION; BY ADDING SECTION
Referred to Committee on Ways and Means.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3612 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 1, 1995.
H. 3655 -- Reps. J. Brown, Clyburn, Anderson, Williams and Breeland: A CONCURRENT RESOLUTION COMMENDING ALLEN UNIVERSITY FOR ONE HUNDRED TWENTY-FIVE YEARS OF PROGRESS, COMMITMENT, AND DEDICATION IN THE SHAPING OF PRODUCTIVE LIVES, PLEDGING SUPPORT TO THE POSITIVE ASPIRATIONS OF ALLEN UNIVERSITY AND EXTENDING TO THE