Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Look down, O Lord of mercy and understanding, upon Your children who are in special need of Your blessings: be the Great Physician to those who are sick, the sure Hope of those who are discouraged, the Comforter of those in sorrow, the Father of the orphans, the Friend to the friendless, and indeed the God of us all. And experiencing Your blessings that inevitably come to us all in keeping with Your unmistakable knowledge of the needs of each of us, may we in return, as stewards of Your Divine care and compassion, faithfully render to You our unending praise and thanks.
Grant us Your peace, Heavenly Father: that peace which the world can neither give or take away. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of Kyle James of Clemson, which was agreed to.
The following was received.
Columbia, S.C., February 9, 1995
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. 381:
S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Dept. of Archives and History for a reception, February 22, 1995, 8:30 A.M. - 10:00 A.M. in 208 Blatt Building.
The invitation was accepted.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
February 7, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
We would like to invite the members of the House to a breakfast meeting with Dr. Ralph Reed, Jr., Executive Director of Christian Coalition.
DATE: Wednesday, March 1, 1995
TIME: 8:00 - 9:00 A.M.
PLACE: Blatt Building, Room 208
Would you please put it on their Calendar? Colette has already penciled us in for that date, and very kindly said she would distribute invitations for us. I will get those to her in the next day or two.
If you have any questions, please call me, or Karen Thompson at 863-8426. Thank you very much.
Sincerely,
Roberta Combs
June 14, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I am writing to request that the South Carolina Chapter of the National Association of Social Workers' Annual Legislative Reception be placed on the House of Representatives Calendar. The reception is scheduled for Wednesday, March 1, 1995, from 6:30 - 8:30 P.M. at the Adam's Mark Hotel located at the corner of Main and Hampton Streets.
We are looking forward to hearing from you.
Sincerely,
Marvin M. Bryant
Symposium Chair
November 15, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Federation of Older Americans, I would like to invite the members of the House of Representatives to the 1995 Seniors' Legislative Day Luncheon which will be held on Tuesday, March 7, 1995. The luncheon will begin at 12:45 P.M. at the Adam's Mark Hotel, which is at the corner of Main and Hampton Streets. It should end at 2:15 P.M.
Currently there are 540,000 senior citizens for which we advocate for in South Carolina. Each year, we appreciate the opportunity to meet with each of you so that we can recognize and pay tribute to you for your help and dedication towards senior citizen issues.
I hope that you will be able to take part in this activity on this very special day.
With warmest regards, I am,
Sincerely yours,
Dr. James I. Califf
President
December 8, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Optometric Association wishes to host a Legislative Appreciation Reception March 7, 1995, at the Embassy Suites hotel in Columbia, S.C. Beginning at 6:30 P.M. and ending at 9:00 P.M., the reception will feature food, beverages and live entertainment for the members of the South Carolina General Assembly and other Officers of State Government.
Should there be a conflict with this date, do not hesitate to contact me at the SCOA office, 799-6721. If not, I hope to see you in March!
Sincerely,
Claire L. Haltiwanger
Executive Director
January 30, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Roundtable cordially invites you to its Annual Legislative Breakfast on Wednesday, March 8, from 8:00 - 9:00 A.M. It will be held in the Solomon Blatt Building, Room 208. As you know, the main interest of the Roundtable is childrens' issues and we look forward to the opportunity of talking to you about this. We also request that you, as Chairman of the Invitations Committee, put this on the Legislative Calendar so other legislators will be aware of it. Individual invitations will be sent to all of you later in February.
Our sincere thanks for your assistance. We look forward to seeing you on March 8th.
Yours truly,
Louise McFarland
Secretary
July 20, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I am writing as we discussed to say that SCSBA would like to be put on the House Calendar for March 8, 1995, for a Day at the Capitol. School board members, superintendents, and others will be visiting the Capitol in the morning, and the legislators are invited to return with them to the Capital City Club for lunch.
Please send confirmation.
Sincerely,
Ora Lee Davidson
Secretary to General Counsel
February 1, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the members of the South Carolina Summary Court Judges Association it is my pleasure to cordially invite all members of the South Carolina House of Representatives and its Officers to a reception honoring the members of the South Carolina General Assembly's One Hundred and Eleventh Session. The pleasure of their company is requested at Seawell's Restaurant, inside the South Carolina State Fairgrounds, in Columbia, South Carolina, on March 8, 1995, commencing at 6:00 P.M.
Sincerely,
William H. Womble, Jr.
President
August 9, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Carolinas AGC would like to reschedule its 1995 Legislative Reception for March 14 from 6:00 until 8:00 P.M. at the Adam's Mark Hotel in Columbia. We are making this request in order to allow the Municipal Association to have their reception on February 15th in conjunction with their annual Winter Meeting.
Thank you for your kind consideration of this request.
Sincerely,
Stephen P. Gennett
Executive Vice-President
January 4, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please put Wednesday, March 15, 1995, on the House Calendar for legislators to join Public Library Trustees, Friends, and Library Administrators from throughout South Carolina for a luncheon at the Ramada Town House (1615 Gervais Street) beginning at 12:30 P.M. We will provide transportation for the legislators from the State House to the Town House.
Thank you for all your help with this matter. Please let me know if you need any other information or have any questions.
Sincerely yours,
Faith A. Line, President
South Carolina Association of
Public Library Administrators
February 6, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
We would like to formally invite you, all members of the House of Representatives and their spouses as well as House staff members to attend the annual reception given by DuPont. The reception will be at the Capital City Club from 6:00 P.M. until 8:00 P.M. on March 15, 1995. We anticipate favorable action from the Invitations Committee.
We look forward every year to this reception which is sponsored by the DuPont manufacturing sites in Berkeley, Florence and Kershaw Counties as well as the Conoco gas station outlets in the State. This year's reception will give our newly re-assigned site managers an opportunity to meet the governmental leaders of South Carolina.
We will also be inviting members of the Senate, all Constitutional Officers and selected Boards and Commissions that we work with on a routine basis. In addition, several trade associations to which we belong will be attending.
We look forward to seeing you and other members of the House of Representatives at the reception on March 15, 1995, at the Capital City Club. If you have any questions about the reception, please contact Ms. Jean Hopkins at the May Plant at 425-2212.
Sincerely,
John D. Strait
Site Manager-Camden
Francine P. Cheeseman
Site Manager-Florence
Murray D. Brockman
Site Manager - Cooper River
January 23, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina AFL-CIO would like to invite the members of the House of Representatives to a reception on Tuesday, March 21, 1995.
The reception will be held at The Ramada Town House Hotel, 1615 Gervais Street, Columbia, S.C. from 6:00 P.M. - 8:00 P.M.
Thank you and we look forward to hearing from you.
Sincerely,
Jerry McDaniel
Secretary-Treasurer
September 6, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please allow this letter to serve as a confirmation of the conversation with Ms. Colette Murray of your office. The South Carolina Association of Counties has issued an invitation to the members of the South Carolina House of Representatives and attaches to attend a Legislative Reception on Wednesday, March 22, 1995, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This reception is in conjunction with the Association's Eighth Annual Mid-Year Conference for County Officials.
We would request that this event be placed on the House of Representatives Calendar for 1995. We look forward to having the members of the House with us on the evening of March 22.
Thanking you for your assistance and with best wishes, I am
Very truly yours,
Raymond C. Eubanks, Jr.
President
January 25, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
For thirty-six consecutive years a group of men from the Columbia area have sponsored the South Carolina State Prayer Breakfast. The purpose of this breakfast is to meet and pray for state and national leaders. This year it will be held on March 29, 1995, at 7:30 A.M. at the Embassy Suites Hotel in Columbia.
We respectfully request that this event be placed on the Calendar for the House of Representatives. Each Representative will receive a personal invitation at a later date.
Your cooperation with, and participation in this event is much appreciated.
Sincerely,
C. Tommy Young, Chairman
South Carolina Prayer Breakfast Committee
February 9, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina School for the Deaf and the Blind will host a luncheon for all members of the Senate and all members of the House of Representatives as well as other friends of the agency on Wednesday, March 29, 1995.
The luncheon will be held in Room 221 of the Blatt Building beginning upon adjournment and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.
We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.
Sincerely yours,
Joseph P. Finnegan, Jr.
President
The following were received and referred to the appropriate committees for consideration.
Document No. 1831
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Used Oil
Received By Speaker February 10, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date January 17, 1996
Document No. 1786
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Construction Demolition and Land-Clearing Debris Landfills
Received By Speaker February 10, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date January 17, 1996
Document No. 1842
Promulgated By Workers' Compensation Commission
Self-Insurance, Application; Financial Analysis and Reports
Received By Speaker February 10, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 17, 1996
Document No. 1827
Promulgated By Department of Revenue
Video Game Machines
Received By Speaker February 14, 1995
Referred to House Committee on Ways and Means
120 Day Review Expiration Date January 21, 1996
The following was received.
Document No. 1763
Promulgated By Board of Pharmacy, Department of Labor, Licensing and Regulation
Annual License Renewal Fee
Received By Speaker May 13, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date April 19, 1995
Request to Withdraw January 2, 1995
Withdrawn February 8, 1995
The following was received.
Document No. 1747
Promulgated By Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received By Speaker March 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 27, 1995
Request to Withdraw January 24, 1995
Withdrawn and Resubmitted February 13, 1995
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
Referred to Committee on Judiciary.
H. 3579 -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-100 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY IS DEEMED TO HAVE RESIGNED HIS SEAT WHEN HE FILES AS A CANDIDATE FOR AN OFFICE OF HONOR OR PROFIT FILLED BY A VOTE OF THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 3580 -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 16 SO AS TO PROVIDE FOR THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND TO PROVIDE DEFINITIONS, PENALTIES, AND SEIZURE PROCEDURES.
Referred to Committee on Judiciary.
H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.
Referred to Committee on Judiciary.
H. 3582 -- Reps. Sharpe, Bailey, Meacham, Law, A. Young, Phillips, McCraw, Fulmer, Herdklotz, Rice, Davenport, Littlejohn, Vaughn, Mason, Riser and D. Smith: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO REVISE THE REQUIREMENTS FOR PERSONS, PROPRIETORS, OWNERS, AND OPERATORS OF STORAGE PLACES, GARAGES, TOWING SERVICES, AND REPAIR SHOPS; TO AMEND SECTION 56-5-5640, RELATING TO THE SALE OF UNCLAIMED VEHICLES, SO AS TO ALLOW FOR THE SALE BY A MAGISTRATE PURSUANT TO SECTION 29-15-10 AND REVISE THE SALE REQUIREMENTS; TO AMEND SECTION 56-5-5900, RELATING TO LIABILITY OF LIENHOLDERS OF STOLEN VEHICLES, SO AS TO PROVIDE THAT OWNERS OR LIENHOLDERS OF STOLEN VEHICLES ARE NOT EXEMPT FROM TOWING AND STORAGE COSTS WHEN A VEHICLE IS RECOVERED; AND TO AMEND SECTION 56-19-840, RELATING TO THE REPORTING OF UNCLAIMED VEHICLES IN CERTAIN BUSINESSES, SO AS TO INCLUDE LAW ENFORCEMENT VEHICLES AND REVISE THE REPORTING REQUIREMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 3583 -- Reps. Fair, Jaskwhich, Tripp, Easterday, Haskins, McMahand, Herdklotz, Vaughn, Rice, Cato and Anderson: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 10 SO AS TO ENACT THE HOSPITAL FAIR PRICING ACT, TO DEFINE TERMS, TO ALLOW ACUTE CARE HOSPITALS TO PURCHASE SERVICES FROM SOLE PROVIDER HOSPITALS AT A CERTAIN RATE, AND TO PROVIDE A CAUSE OF ACTION AND INJUNCTIVE RELIEF FOR VIOLATIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE HEALTH PLAN FOR USE IN THE ADMINISTRATION OF THE CERTIFICATE OF NEED PROGRAM, SO AS TO PROVIDE THAT THE PLAN MUST CONTAIN A POLICY STATEMENT REQUIRING ACCESS TO HEALTH CARE SERVICES BY A PROVIDER SO THAT THE PROVIDER MAY OFFER THESE SERVICES ON A COMPETITIVE BASIS, WHERE COMPETITION IS PERMITTED; AND TO REQUIRE IN THE PLAN STANDARDS TO ENFORCE THIS POLICY AND STANDARDS FOR PREVENTING EXERCISE OF OR DAMAGES FROM A MARKET POWER RESULTING FROM THE EXISTENCE OF THE CERTIFICATE OF NEED PROGRAM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Referred to Committee on Education and Public Works.
H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
Referred to Committee on Education and Public Works.
H. 3590 -- Reps. Harrell, Dantzler, Fulmer, Hallman, Hutson, Limehouse, Seithel, Whatley, L. Whipper, Inabinett and Breeland: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3591 -- Rep. Harrison: A BILL TO REPEAL ACT 69 OF 1963, RELATING TO THE CREATION OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS DUTIES, POWERS, AND RESPONSIBILITIES ON THE GOVERNING BODIES OF RICHLAND COUNTY AND THE CITY OF COLUMBIA, AND AUTHORIZE THE COMMISSION TO CONVEY PROPERTY TO THE COUNTY AND CITY BY RESOLUTION.
Referred to Richland Delegation.
H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.
On motion of Rep. McMAHAND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The Senate sent to the House the following:
S. 492 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE WILLIAM JENNINGS BRYAN DORN OF GREENWOOD COUNTY UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
Whereas, the Honorable William Jennings Bryan Dorn of Greenwood County is a living legend in South Carolina; and
Whereas, he is chairman emeritus of the South Carolina Democratic Party; and
Whereas, he began his political career in 1939, when he became the youngest man ever elected to the General Assembly; and
Whereas, in 1947, after serving in World War II, Bryan Dorn was elected to the first of thirteen terms in the United States House of Representatives, where he was known for his support of national defense, education, revenue sharing, economic development, social security, and agriculture; and
Whereas, he was the Democratic nominee for Governor in 1974, and in 1980, he was elected chairman of the South Carolina Democratic Party and served two terms in that post; and
Whereas, Bryan Dorn has been hailed as a true statesman and, during his many years in office, he was a dedicated public servant; and
Whereas, his contributions to good government and public service have enriched South Carolina's modern history, and he is a gentleman who is widely respected and admired. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the Honorable William Jennings Bryan Dorn of Greenwood County upon his induction into the South Carolina Hall of Fame.
Be it further resolved that a copy of this resolution be forwarded to the Honorable William Jennings Bryan Dorn.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3585 -- Reps. Cobb-Hunter, Felder and Govan: A CONCURRENT RESOLUTION TO COMMEND JAMES R. MCGEE OF ORANGEBURG COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE ON THE ORANGEBURG COUNTY COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3586 -- Reps. Cobb-Hunter, Felder and Govan: A CONCURRENT RESOLUTION TO COMMEND VERNON OTT, JR., OF ORANGEBURG COUNTY FOR HIS SEVENTEEN YEARS OF DEDICATED SERVICE TO THE CITIZENS OF ORANGEBURG COUNTY WHILE SERVING ON THE ORANGEBURG COUNTY COUNCIL AND WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3587 -- Reps. Allison, Cromer and Chamblee: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT MISS SOUTH CAROLINA, KRISTIE GREENE, OF ANDERSON COUNTY ON APRIL 19, 1995, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3588 -- Reps. Allison, Cromer and Chamblee: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", KRISTIE GREENE, OF ANDERSON COUNTY AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1995 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON WEDNESDAY, APRIL 19, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That our current "Miss South Carolina", Kristie Greene, of Anderson County and all of the contestants competing in the 1995 Miss South Carolina Pageant are extended the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on the special occasion of "Miss South Carolina Appreciation Day" on Wednesday, April 19, 1995, at a time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 3592 -- Reps. Wilkins, Limehouse, Hallman, Sandifer, Littlejohn, Walker, Harrison, Robinson, Rice, Simrill, Wilder, Easterday, Marchbanks, Jaskwhich, Harrell, Herdklotz, McCraw, Vaughn, Lanford, Wells, A. Young, Waldrop, Cain, Mason, Elliott, Tripp and Whatley: A CONCURRENT RESOLUTION TO CALL FOR A CONFERENCE OF THE STATES TO BE PROMOTED AND CONVENED BY THE COUNCIL OF STATE GOVERNMENTS FOR THE PURPOSE OF RESTORING BALANCE IN THE FEDERAL SYSTEM AND FOR RELATED MATTERS, AND TO PROVIDE FOR THE APPOINTMENT OF FIVE DELEGATES TO REPRESENT THE STATE OF SOUTH CAROLINA AT THIS CONFERENCE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, February 14.
Merita A. Allison William D. Witherspoon G. Ralph Davenport, Jr. C. Alex Harvin, III L. Morgan Martin
DOCTOR OF THE DAY
Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.
The following Joint Resolution was taken up.
S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.
Rep. WILDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5394HTC.95), which was adopted.
Amend the joint resolution, as and if amended, page 1, by striking SECTION 2 and inserting:
/SECTION 2. This joint resolution takes effect upon approval by the Governor and applies with respect to salary paid after December 31, 1989./
Renumber sections to conform.
Amend totals and title to conform.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3020 -- Reps. Vaughn, Meacham and Wells: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.
Rep. HARRISON explained the Bill.
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Rep. NEAL explained the Bill.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 15, which was adopted.
H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.
The following Bill was taken up.
H. 3061 -- Reps. Vaughn, Cato, Witherspoon, Simrill, Walker, Allison, Meacham, Elliott, Moody-Lawrence, Baxley, Lloyd and Richardson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO PROVIDE THAT THE FREE USE OF FACILITIES INCLUDES NO ADMISSION CHARGES.
Rep. DAVENPORT moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. CATO moved to table the motion, which was agreed to by a division vote of 34 to 15.
Rep. SHARPE explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995 AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3667CM.95), which was adopted.
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. For purposes of this joint resolution, the Department of Revenue and Taxation is required to register and collect the biennial fee required by Section 12-31-250, and the department is not required to issue identification markers or registration cards pursuant to Section 12-31-250./
Amend further, SECTION 2, page 1, line 41, by striking /December 31, 1995/ and inserting /September 3, 1996/
When amended SECTION 2 reads:
/SECTION 2. The Department of Revenue and Taxation and the Department of Public Safety shall not penalize a motor carrier or vehicle which has a faded, expired, or missing marker while operating in this State during the period from April 1, 1995 through September 30, 1996./
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 9, by the Committee on Judiciary.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. McELVEEN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21409AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 1-3-245. (A) A member of a state board or commission who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board or commission is considered removed from the board or commission and a vacancy is created. The chair of the board or commission immediately shall notify the Governor or appropriate appointment authority of the member's three consecutive unexcused absences and of the resulting vacancy. An unexcused absence is an absence for which there is no reasonable excuse. What constitutes an unexcused absence must be defined by the Governor or appropriate appointing authority.
(B) This section does not apply to an ex officio member of a state board or commission or to a designee of an ex officio member."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 15, which was adopted.
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
The following Bill was taken up.
H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Rep. CROMER explained the Bill.
Rep. ANDERSON moved to adjourn debate upon the Bill until Thursday, February 16.
Rep. JENNINGS moved to table the motion, which was agreed to.
Rep. CROMER explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3189 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7143AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 43-21-180 of the 1976 Code, as last amended by Section 1029, Act 181 of 1993, is further amended to read:
"Section 43-21-180. (A) Until the assets of Funds deposited in the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus and all earnings from the investment of monies of the trust fund credited during the previous fiscal year these funds, after allowances for operating expenses, is are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division."
(B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the division.
SECTION 2. Assets in the Eldercare Trust Fund, which have been held pursuant to Section 43-21-180 of the 1976 Code, before amendment by Section 1 of this act, must be released for disbursement pursuant to Section 43-21-180 of the 1976 Code, as amended by Section 1 of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CANTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18154AC.95), which was adopted.
Amend the bill, as and if amended, by striking Sections 1 and 3 of the bill and inserting:
/SECTION 1. Section 43-21-10 of the 1976 Code, as last amended by Section 1016, Act 181 of 1993, is further amended to read:
"Section 43-21-10. There is created, in the Office of the Governor, the Division on Aging. The division must be supported by an Advisory Commission Council on Aging consisting of one member from each congressional district of the State, to be appointed by the Governor of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Governor shall appoint the members of the council, upon the advice and consent of the Senate and one member from the State at large to be appointed by the Governor. The members must be citizens of the State who have an interest in and a knowledge of the problems of the an aging population. In making appointments to the advisory commission council, consideration must be given to mature citizens who are currently providing leadership or are interested in programs for the elderly in the State and also to the diverse problems of aging assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chairman chair must be elected by the members of the advisory commission council from its appointive members for a term of two years and until his a successor is elected. Members of the commission council shall serve without compensation but shall receive such per diem, mileage, and subsistence authorized by law for members of boards, commissions, and committees. The advisory commission council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council for the governance of its operations and activities."
SECTION 3. Of the initial appointments to the Advisory Council on Aging, as provided for in Section 43-21-10 of the 1976 Code, the five appointees for the State at large shall serve a four-year term, the five appointees from the even-numbered planning and service areas under the Division on Aging shall serve a three-year term, and the five appointees from the odd-numbered planning and service areas under the Division on Aging shall serve a two-year term. After the initial appointments members of the council shall serve terms as provided for in Section 43-21-20 of the 1976 Code./
Renumber sections to conform.
Amend title to conform.
Rep. CANTY explained the amendment.
The amendment was then adopted.
Rep. CANTY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18160AC.95), which was adopted.
Amend the joint resolution, as and if amended, page 1, by deleting lines 20-26 and inserting:
/Whereas, President Clinton and the Administration on Aging have called for a White House Conference on Aging to occur May 2-5, 1995, in Washington, D.C.; and
Whereas, the State of South Carolina and the Governor's Office Division on Aging are convening the Governor's Conference on Aging on March 2-3, 1995, in Myrtle Beach, South Carolina; and/.
Amend further by deleting Section 1 and inserting:
/SECTION 1. (A) The Division on Aging, Office of the Governor, shall provide information to members of the General Assembly on resource development activities and corporate efforts in the members' districts which are generating financial support for the Governor's Conference on Aging activities and scholarships for elderly delegates in need of financial assistance. Where possible, members shall encourage and promote the development of these activities and efforts.
(B) The Division on Aging, Office of the Governor, shall distribute information and recommendations generated from the White House Conference on Aging and from the Governor's Conference on Aging to members of the General Assembly for their use and consideration when developing future aging policy and legislation./
Renumber sections to conform.
Amend title to conform.
Rep. CANTY explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. KLAUBER asked unanimous consent to recall H. 3573 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. S. WHIPPER objected.
Rep. HASKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.
At 12:59 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Kyle James of Clemson, to meet at 2:00 P.M. tomorrow.
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