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:
Almighty God our Heavenly Father Who feeds the birds and clothes the flowers, we thank You for the awakening beauty of the earth around. With clear vision and grateful hearts, may we behold Your power in the beauty of the Springtime. Forbid that we should walk in the gardens of loveliness with eyes that do not see and with hearts that do not sing. As the miracle of life is wrought anew in the tiniest bloom, in every green blade of grass, and in budding branches against the bending sky, may the wonder of it rebuke our cold cynicism, the joy of it restore our tired hope, and the charm of it enrich our understanding of Your promises which are sure.
We pray to our God Who never fails us. 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. WOFFORD moved that when the House adjourns, it adjourn in memory of Ruby Mitchell of Goose Creek, which was agreed to.
The following was received.
Dear Mr. Speaker:
This is to inform you that I am tendering my resignation to the S.C. House of Representatives, District #59 effective June 5th, 1995.
I shall always remember, treasure, and be grateful for the opportunity I have had to serve with you and the Members of the S.C. General Assembly.
Respectfully,
Rep. B. HICKS HARWELL
Received as information.
The following were received and referred to the appropriate committees for consideration.
Document No. 1818
Promulgated By LLR - Board of Accountancy
Experience while obtaining required education; Reinstatement of license after revocation; form of organization and name.
Received By Speaker March 24, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date February 28, 1996
Document No. 1848
Promulgated By Department of Health and Environmental Control
Emergency Medical Services
Received By Speaker March 27, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 2, 1996
The following was received.
Document No. 1811
Promulgated By Department of Health and Environmental Control
Public Swimming Pools
Received By Speaker January 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 24, 1995
Withdrawal requested by House Medical, Military, Public and Municipal Affairs Committee March 24, 1995
Withdrawn and Resubmitted March 24, 1995
The Senate sent to the House the following:
S. 657 -- Judiciary Committee: A CONCURRENT RESOLUTION DIRECTING STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS TO PRINT CERTAIN INFORMATION UPON ALL COMMUNICATIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 663 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST RESPECTED CITIZENS, GEORGE ANDERSON DOUGLAS SR. OF ROCK HILL, WHO PASSED AWAY FRIDAY, MARCH 3, 1995.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 665 -- Senators J. Verne Smith, Martin and Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, MS. ELIZABETH SMITH, THE RECIPIENT OF THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) DISTINGUISHED SERVICE AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 666 -- Senators J. Verne Smith, Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. MARGARET JOHNSON, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL HIGHER EDUCATION DIVISION ART EDUCATOR OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 664 -- Senators J. Verne Smith, Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. CHRISTINE DAVIS, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL SECONDARY ART EDUCATOR OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3868 -- Rep. Limbaugh: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATUTES OF LIMITATIONS IN CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TWO YEARS FOR CAUSES OF ACTION BROUGHT UNDER TITLE 42, UNITED STATES CODE SECTION 1983, OR TITLE 42 UNITED STATES CODE SECTION 1985.
Referred to Committee on Judiciary.
H. 3869 -- Reps. Thomas, Martin and Kelley: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Referred to Committee on Labor, Commerce and Industry.
H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
Referred to Committee on Labor, Commerce and Industry.
H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.
Referred to Committee on Labor, Commerce and Industry.
H. 3872 -- Reps. Witherspoon and Worley: A BILL TO AMEND SECTION 51-17-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACQUISITION OF PROPERTY UNDER THE HERITAGE TRUST PROGRAM, SO AS TO LIMIT THE TOTAL PROPERTY WHICH MAY BE ACQUIRED IN ANY ONE COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3873 -- Rep. McElveen: A BILL TO AMEND SECTION 42-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE LIABILITY OF AN OWNER TO WORKMEN OF A SUBCONTRACTOR, SO AS TO PROVIDE THAT THE OWNER SHALL NOT BE LIABLE TO THE SUBCONTRACTOR WHO HAS OPTED OUT OF TITLE 42, WORKERS' COMPENSATION, OR FAILED TO INCLUDE HIMSELF AS COVERED BY WORKERS' COMPENSATION INSURANCE ON HIS WORKMEN.
Referred to Committee on Labor, Commerce and Industry.
H. 3874 -- Reps. Cobb-Hunter and Shissias: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.
Rep. COBB-HUNTER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. D. SMITH objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3875 -- Reps. Fleming, Richardson, McElveen, Huff, Wells, McCraw, Walker, Haskins, Harrell, Cato, Easterday, Robinson, Phillips and Harrison: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO CREATE AND PROVIDE PROCEDURES FOR A LIEN ON BEHALF OF A HEALTH CARE FACILITY FOR HEALTH SERVICES RENDERED TO A PERSON ON ALL CAUSES OF ACTION ACCRUING TO THE PERSON ON ACCOUNT OF INJURIES GIVING RISE TO THE CAUSE OF ACTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3876 -- Reps. Fleming and Phillips: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO MAKE A VIOLATION OF THIS PROVISION A FELONY AND TO REVISE THE PENALTIES.
Referred to Committee on Judiciary.
H. 3877 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO PROVIDE THAT A MOTOR VEHICLE OPERATOR WHO FAILS TO STOP HIS MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE AND IS APPREHENDED AFTER A LAW ENFORCEMENT OFFICER PURSUES HIM MORE THAN ONE-HALF MILE AT A SPEED IN EXCESS OF SIXTY MILES AN HOUR IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3878 -- Reps. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3880 -- Reps. Townsend, Cooper, Stille and P. Harris: A BILL TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND THE DEPARTMENT OF REVENUE AND TAXATION'S AUTHORITY TO ADJUST DEPRECIATION ALLOWANCES, SO AS TO PROVIDE A PROCEDURE TO ESTABLISH THE FAIR MARKET VALUE OF A MOTOR VEHICLE LICENSED BY THE DEPARTMENT.
Referred to Committee on Ways and Means.
H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means.
H. 3882 -- Rep. Richardson: A BILL TO AMEND SECTIONS 38-77-175 AND 56-7-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT THE COMPLETED AND VERIFIED FORM MUST BE RETURNED BY THE VEHICLE OPERATOR OR OWNER TO THE COURT ADJUDICATING THE TRAFFIC TICKET FOR A MOVING VIOLATION WHEN HE TENDERS PAYMENT OF ANY FINE OR BOND, OR APPEARS IN COURT, REGARDING THE MOVING VIOLATION OFFENSE, OR AT THE TIME OF ANY OTHER DISPOSITION OF THE TICKETED OFFENSE; AND TO AMEND SECTION 56-10-45, AS AMENDED, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE CONFISCATION OF REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT FINES COLLECTED PURSUANT TO SECTION 56-10-240, REFERRING TO THE MONETARY PENALTY OF A PERSON WHO IS GUILTY OF A MISDEMEANOR FOR WILFUL FAILURE TO RETURN HIS MOTOR VEHICLE LICENSE PLATES AND REGISTRATION, AND COLLECTED PURSUANT TO SECTION 38-77-175 AND SECTION 56-7-12, REFERRING ONLY TO THE TWO HUNDRED FIFTY DOLLARS FINE, MUST BE PAID TO THE GOVERNING BODY OF THE LOCAL LAW ENFORCEMENT AGENCY CONFISCATING THE TAGS AND DEPOSITED IN THE GENERAL FUND OF THE LOCAL GOVERNING BODY.
Referred to Committee on Labor, Commerce and Industry.
H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.
Referred to Committee on Education and Public Works.
S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Referred to Committee on Education and Public Works.
S. 154 -- Senators McConnell, Rose, Courson, Reese and Elliott: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER, THE CHARGE FOR WHICH MUST BE THE RENEWAL FEE CHARGED FOR A REGULAR PLATE.
Referred to Committee on Education and Public Works.
S. 179 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 184 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD BY REGULATION TO PRESCRIBE THE USE OF PHONICS IN TEACHING READING AND TO PROVIDE IN-SERVICE TRAINING IN PHONICS.
Referred to Committee on Education and Public Works.
S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
Referred to Committee on Education and Public Works.
S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE NINE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 482 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.
Referred to Committee on Education and Public Works.
S. 503 -- Senator Stilwell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.
Referred to Committee on Judiciary.
S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.
Referred to Committee on Education and Public Works.
S. 524 -- Senator Leventis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES COAST GUARD AUXILIARY.
Referred to Committee on Education and Public Works.
S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
Referred to Committee on Ways and Means.
S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 653 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: 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 JOHN DE LA HOWE SCHOOL.
Rep. H. BROWN raised the Point of Order that S. 653 was out of order in compliance with Rule 5.3 which states that any bill or resolution considered by the House of Representatives that raises revenue must conform to the provisions of Article III, Section 15 of the Constitution.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate.
On motion of Rep. KEEGAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3884 -- Rep. Keegan: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 10, 1995, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives on Wednesday, May 10, 1995, from 5:30 p.m. to 7:00 p.m. for the presentation of the commission's annual Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House Chamber on that date and time.
Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Wednesday, May 10, 1995, beyond the hour of 5:30 p.m.
The Resolution was adopted.
On motion of Rep. KNOTTS, with unanimous consent, the following was taken up for immediate consideration:
H. 3885 -- Reps. Knotts, Wright, Riser, Koon, Gamble, Stuart and Spearman: A CONCURRENT RESOLUTION TO COMMEND THE IRMO-CHAPIN SENIOR BASKETBALL TEAM FOR WINNING THE GOLD MEDAL AT THE UNITED STATES NATIONAL SENIOR OLYMPICS IN BATON ROUGE, LOUISIANA, AND TO EXTEND TO THE TEAM AND ITS COACH THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR TRULY OUTSTANDING ACCOMPLISHMENTS.
Whereas, the members of the General Assembly are very proud of the accomplishments of the Irmo-Chapin Senior Basketball team which won the gold medal at the 1993 United States National Senior Olympics held in Baton Rouge, Louisiana; and
Whereas, the team members included Carl Adams, age 77; Cy Havird, age 71; Ivory Hoskins, age 68; Matt Moore, age 67; Jack Moran, age 65; Bill Naylor, age 67; and John Yancy, age 65; and
Whereas, under the able leadership of Coach Carl M. Hust, they defeated an outstanding Colorado team in the finals to win the gold medal which is the highest honor of senior basketball in the United States; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate each of these amazing athletes and their fine coach upon this truly outstanding accomplishment, and extend to them the very best of luck as they compete for the gold medal at the 1995 United States National Senior Olympics to be held in San Antonio, Texas. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Irmo-Chapin basketball team for winning the gold medal at the United States National Senior Olympics held in Baton Rouge, Louisiana, and extend to the team and its coach the privilege of the House floor at a time to be determined by the Speaker for the purpose of being recognized for their truly outstanding accomplishments.
Be it further resolved that a copy of this resolution be forwarded to Coach Carl M. Hust.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. WRIGHT, with unanimous consent, the following was taken up for immediate consideration:
H. 3887 -- Reps. Wright and Riser: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL BOYS BASKETBALL TEAM AND THEIR COACHES UPON WINNING THE 1994-95 STATE CLASS AAAA BASKETBALL CHAMPIONSHIP AND TO EXTEND TO THEM THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR OUTSTANDING ACCOMPLISHMENT.
Whereas, the members of the General Assembly are pleased to learn that the Irmo High School Boys Basketball Team won the 1994-95 State Class AAAA Championship capping a truly outstanding season where they finished with a 28-1 won-loss record; and
Whereas, in addition to the state championship, the Irmo boys also won the prestigious Beach Ball Classic and were runners-up in the Columbia Tip-Off Tournament; and
Whereas, the success of the team this season was due in a large part to the leadership and efforts of six outstanding seniors, including Most Valuable Player, BJ McKie, and Most Improved Player, Andre' Settles; and
Whereas, Irmo is coached by Tim Whipple who has completed his thirteenth season as head basketball coach at Irmo High School. He is one of South Carolina's most talented and respected coaches who has won three state championships, has been named Coach of the Year by many organizations, and has served as president of the South Carolina Basketball Coaches Association; and
Whereas, the accomplishments of this fine group of athletes this year has brought deserved credit not only upon themselves, but upon their school, county, and State as well; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate the Irmo High School Boys Basketball Team upon winning this well-deserved championship. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby congratulate the Irmo High School Boys Basketball Team and their coaches upon winning the 1994-95 State Class AAAA Basketball Championship and extend to them the privilege of the House floor at a time to be determined by the Speaker for the purpose of being recognized for their outstanding accomplishment.
Be it further resolved that a copy of this resolution be forwarded to Coach Tim Whipple and Dr. Anna T. Hicks, Principal of Irmo High School.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3888 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL GIRLS' BASKETBALL TEAM, THEIR HEAD COACH, AMANDA HOLDER, THE COACHING STAFF, AND SCHOOL OFFICIALS FOR SENECA'S AAA STATE BASKETBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASKETBALL PLAYERS AND THEIR COACHES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SANDIFER, with unanimous consent, the following was taken up for immediate consideration:
H. 3889 -- Rep. Sandifer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GIRLS' BASKETBALL TEAM OF SENECA HIGH SCHOOL, THEIR COACHING STAFF, AND SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the girls' basketball team of Seneca High School, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the AAA State Championship.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn 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 Witherspoon Wofford Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, March 28.
Thomas N. Rhoad Larry L. Elliott Walter P. Lloyd Donald W. Beatty Ralph W. Canty
LEAVES OF ABSENCE
The SPEAKER granted Rep. WORLEY a leave of absence to attend a meeting in Washington on beach renourishment.
The SPEAKER granted Rep. RHOAD a leave of absence to attend a funeral.
Announcement was made that Dr. Julius Leary of Greenwood is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
H. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: A BILL TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.
S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Rep. HARRISON explained the Bill.
S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Rep. JENNINGS explained the Bill.
H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.
Rep. GAMBLE explained the Bill.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 29, which was adopted.
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.
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.
The following Bill was taken up.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Reps. SIMRILL, WHATLEY, HALLMAN, HARRELL, FULMER, A. YOUNG, KNOTTS and LIMEHOUSE objected to the Bill.
The following Bill was taken up.
H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7274BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-120 of the 1976 Code, as last amended by Act 495 of 1994, is further amended to read:
"Section 50-11-120. (A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1.
(1) Game Zone 1:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(2) Game Zone 2:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(3) Game Zone 3:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(4) Game Zone 4:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used February fifteenth through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(5) Game Zone 5:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(6) Game Zone 6:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used January second through August fifteenth. There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: Monday before Thanksgiving Day through the first Saturday in March with weapons; October first through the Sunday before Thanksgiving Day without weapons;
(7) Game Zone 7:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(8) Game Zone 8:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(9) Game Zone 9:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) quail: Thanksgiving Day through the first Saturday in March;
(d) fox: year round without weapons; with weapons September first through January first;
(e) raccoon and opossum: September first through October fourteenth; March second through March thirty-first without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;
(f) mink: November first through March first;
(g) muskrat: November first through March first;
(h) otter: November first through March first;
(i) skunk: November first through March first;
(j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(10) Game Zone 10:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but without weapons January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(11) Game Zone 11:
(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but without weapons January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.
(e) quail: Monday before Thanksgiving Day through March first with weapons; October first through the Sunday before Thanksgiving Day without weapons;
(B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department.
(C) The season dates in this section are inclusive, except as otherwise provided. It is unlawful to hunt a game animal except during the seasons provided and as specified in this section. Unless otherwise specified during a small game season when weapons are allowed, dogs also may be used.
(D) As used in this section where night hunting is authorized, `night' means the time between one hour after official sundown of a day and one hour before official sunrise the following day."
SECTION 2. This act takes place upon approval by the Governor./
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. STILLE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7342BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-120 of the 1976 Code, as last amended by Act 495 of 1994, is further amended to read:
"Section 50-11-120. (A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1.
(1) Game Zone 1:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(2) Game Zone 2:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(3) Game Zone 3:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(4) Game Zone 4:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used February fifteenth through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(5) Game Zone 5:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(6) Game Zone 6:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used January second through August fifteenth. There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: Monday before Thanksgiving Day through the first Saturday in March with weapons; October first through the Sunday before Thanksgiving Day without weapons;
(7) Game Zone 7:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(8) Game Zone 8:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(9) Game Zone 9:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) quail: Thanksgiving Day through the first Saturday in March;
(d) fox: year round without weapons; with weapons September first through January first;
(e) raccoon and opossum: September first through October fourteenth; March second through March thirty-first without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;
(f) mink: November first through March first;
(g) muskrat: November first through March first;
(h) otter: November first through March first;
(i) skunk: November first through March first;
(j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(10) Game Zone 10:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but without weapons January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(11) Game Zone 11:
(a) rabbit: September first through the fifteenth day before Thanksgiving Day without weapons on public land; February sixteenth through the fifteenth day before Thanksgiving Day without weapons day and night on private land only; the fourteenth day before Thanksgiving Day through March first February fifteenth with weapons;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but without weapons January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.
(e) quail: Monday before Thanksgiving Day through March first with weapons; October first through the Sunday before Thanksgiving Day without weapons;
(B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department.
(C) The season dates in this section are inclusive, except as otherwise provided. It is unlawful to hunt a game animal except during the seasons provided and as specified in this section. Unless otherwise specified during a small game season when weapons are allowed, dogs also may be used.
(D) As used in this section where night hunting is authorized, `night' means the time between one hour after official sundown of a day and one hour before official sunrise the following day."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. STILLE 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. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Reps. SHEHEEN, CROMER, NEAL, ROGERS, DELLENEY, BAXLEY, McELVEEN, WILKES, HINES, HARVIN and DAVENPORT objected to the Bill.
The following Bill was taken up.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 23, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. DAVENPORT 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. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7326BDW.95).
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 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain unless protected from flooding.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least one hundred feet from a watercourse of the State;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.
(7) when zoning restrictions apply, on property zoned for agricultural uses."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
(B) No proposed agricultural facility or operation may be deemed to be a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation on property unzoned or zoned for agricultural uses."
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RISER explained the amendment.
Rep. HASKINS moved to waive Rule 6.1, which was agreed to by a division vote of 66 to 31.
Rep. RISER continued speaking.
Rep. RISER moved to adjourn debate upon the Bill until Wednesday, March 29, which was adopted.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
The following Bill was taken up.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Rep. HUFF objected to the Bill.
Rep. A. YOUNG explained the Bill.
Reps. BAXLEY, S. WHIPPER, L. WHIPPER, PHILLIPS, BREELAND, CATO, CLYBURN, A. YOUNG, LIMEHOUSE, RICHARDSON and JENNINGS objected to the Bill.
The following Bill was taken up.
H. 3045 -- Reps. Kirsh, Stille and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO REQUIRE A RETAIL DEALER TO AFFIX A LEGIBLE STATEMENT OF THE PERCENTAGE OF ETHANOL, METHANOL, OR A COMBINATION OF THEM TO THE DISPENSER OF ALL MOTOR FUEL KEPT, OFFERED, OR EXPOSED FOR SALE OR SOLD AT RETAIL CONTAINING AT LEAST TWO PERCENT BY VOLUME OF ETHANOL, METHANOL, OR A COMBINATION OF THEM, AND TO PROVIDE FOR THE PLACEMENT AND SIZE OF THE STATEMENT ON THE PUMP WHICH DISPENSES THE FUEL AND DEFINE "RETAIL DEALER".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1745SD.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 39-41-185 of the 1976 Code, as added by Act 469 of 1994, is amended to read:
"Section 39-41-185. (A) A motor fuel retail dealer may not transfer, sell, dispense, or offer petroleum products for sale in South Carolina unless every dispenser is posted clearly with the complete registered brand name for the petroleum products being dispensed including the amount of alcohol, ethanol, and methanol, if any, and the octane number. If the petroleum product contains ten percent or more of ethanol or five percent or more of methanol, or a combination of them, the labeling must include the following worded statement disclosing the percentage and the type of alcohol included: `Contains ten percent (10%) of ethyl/methyl/alcohol'. The dispenser labeling must be in the same size and type lettering for all parts of the brand name including that portion of the brand name disclosing alcohol content and amount. For alcohol, ethanol, methanol, or a combination of them, the dispenser label must be in at least a type of one-half inch in height, one-sixteenth inch stroke (width or type), and be in a color that is in clear contrast with the background. Furthermore, that portion of the label disclosing alcohol content must be in a color that is in clear contrast with the background. The motor fuel supplier is required to inform the motor fuel retailer of the percentages of ethanol or methanol that is present in the petroleum product supplied.
(B) The labeling must be conspicuous and legible to a customer when viewed from the driver's position of a motor vehicle positioned in front of the dispenser.
(C) Kerosene dispensers must be labeled as either 1-K or 2-K. 2-K dispensers must display the following in lettering at least one inch in height: `Not suitable for use in nonflue-connected heaters'.
(D) This section does not prohibit the voluntary inclusion of additional alcohol or additive information.
(E) The Department of Agriculture has authority to inspect, sample, and test products subject to the labeling requirements of this section and may promulgate regulations to carry out those duties."
SECTION 2. This act takes effect upon approval by the Governor, except that no motor fuel retailers shall be required to comply with the labeling provisions of Section 39-41-185(A) sooner than January 1, 1996./
Amend title to conform.
Rep. A. YOUNG 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. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Reps. BAXLEY, DELLENEY, HUFF, CLYBURN, HOWARD, CATO, WHITE, RICHARDSON, JENNINGS, SHARPE, S. WHIPPER, ELLIOTT, MASON, R. SMITH and RICE objected to the Bill.
The following Bill was taken up.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Reps. HUFF, L. WHIPPER, PHILLIPS, S. WHIPPER, CLYBURN, MASON, RICE, CATO, R. SMITH, HOWARD, DELLENEY, RICHARDSON, COOPER and COBB-HUNTER objected to the Bill.
The following Bill was taken up.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Reps. CATO, RICHARDSON, A. YOUNG, CLYBURN, DAVENPORT, L. WHIPPER, ANDERSON, S. WHIPPER, SEITHEL, HUFF, RICE, MASON, R. SMITH, HOWARD, GOVAN, CAVE, NEAL and DELLENEY objected to the Bill.
The following Bill was taken up.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Reps. CATO, CLYBURN, ANDERSON, DAVENPORT, L. WHIPPER, A. YOUNG, COOPER, MASON, HUFF, NEILSON, HOWARD, GOVAN, COBB-HUNTER, HARVIN, McELVEEN and DELLENEY objected to the Bill.
The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Rep. CATO explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. CATO having the floor.
Reps. HALLMAN, CAIN, SEITHEL, LAW, FULMER and DANTZLER withdrew their objections to the following Bill.
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Rep. CAIN withdrew his objection to H. 3301 however, other objections remained upon the Bill.
The motion period was dispensed with on motion of Rep. HUFF.
Rep. SCOTT moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Byrd Cobb-Hunter Howard Neal Scott Waldrop
Those who voted in the negative are:
Allison Askins Baxley Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Phillips Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
The following Bill was taken up.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Rep. WILKES spoke against the Bill.
The SPEAKER granted Rep. HASKINS a leave of absence.
Rep. WILKES continued speaking.
Rep. WILKES moved to table the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Byrd Canty Carnell Cave Cobb-Hunter Govan Howard Inabinett Keyserling Lloyd McMahand Neal Scott Sheheen Whipper, L. Whipper, S. White Wilkes Williams
Those who voted in the negative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Brown, T. Cain Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Herdklotz Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to table the Bill.
Rep. SIMRILL spoke in favor of the Bill.
The Bill was read the third time and ordered sent to the Senate.
Rep. FLEMING moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3851 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE SCHWENDIMANN OF INMAN FOR BEING SELECTED AS A FINALIST IN THE 1995-96 CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM AND TO WISH FOR HER A VERY REWARDING AND CHALLENGING SCHOOL YEAR IN GERMANY.
At 1:30 P.M. the House in accordance with the motion of Rep. WOFFORD adjourned in memory of Ruby Mitchell of Goose Creek, to meet at 10:00 A.M. tomorrow.
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