Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this day, Lord, when we recall "the 100th Celebration of Women in the Legislature," we salute these women, past and present, as they have become partners with each other and with others, in moving this Nation forward. We thank You for the hidden powers of womanhood, the invisible strength, the spiritual stamina, the motivation for public service which has flowed into the lives of others and made the world richer by their influence.
We thank You, Lord God, for Your providence that has watched over us from generation to generation. And may all of us - men and women alike - continue to play in concert our part that this our beloved Country may remain "one Nation under God." Spare us from fear of the future.
"Even from everlasting to everlasting You are God." (Psalm 90:2b)
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RICE moved that when the House adjourns, it adjourn in memory of Mary G. Sandzen of Greenville, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3782 -- Rep. Wells: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOSEPH P. FINNEGAN, JR., PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, AND A GROUP OF OUTSTANDING STUDENTS FROM THE SCHOOL ON WEDNESDAY, APRIL 26, 1995, FOR THE PURPOSE OF BEING RECOGNIZED.
On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.
H. 3782 -- Rep. Wells: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOSEPH P. FINNEGAN, JR., PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, AND A GROUP OF OUTSTANDING STUDENTS FROM THE SCHOOL ON WEDNESDAY, APRIL 26, 1995, FOR THE PURPOSE OF BEING RECOGNIZED.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to Mr. Joseph P. Finnegan, Jr., President of the South Carolina School for the Deaf and the Blind, and a group of outstanding students from the school on Wednesday, April 26, 1995, in recognition of the school's contributions to young people with disabilities and in recognition of the accomplishments of these outstanding students.
Be it further resolved that a copy of this resolution be forwarded to Mr. Joseph P. Finnegan, Jr.
The Resolution was adopted.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.
Rep. FELDER raised the Point of Order that H. 3827 was out of order in compliance with Rule 4.4 which states that no bill, except a committee bill, shall be considered by the House until one week after the date of its first reference to a committee.
The SPEAKER stated that reading it across the desk did not violate the Rule.
Rep. FELDER stated that last week the Bill had been placed on the desk and he was going to raise a Point of Order.
The SPEAKER stated that the Bill had been withdrawn last week but if it had been a committee report last week, then it would have been out of order in compliance with Rule 4.4.
Rep. FELDER stated that the Bill returned to the committee but no further action was taken on it. He further stated that the Bill should have been returned to the subcommittee and not the full committee.
The SPEAKER stated he could control the committee's action and the Point of Order should have been raised in committee.
Rep. FELDER stated that the committee did not take any further action on the Bill yesterday. He further stated that Rule 4.4 also stated that notice of writing of all committee action taken on a bill or resolution shall be given to the principal author.
The SPEAKER stated that the committee had taken up the Bill and passed it out of committee and that the committee chairman had held the Bill out last week since it had not been in committee a full week and that it was in compliance with Rule 4.4 and he overruled the Point of Order.
Order for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3241 -- Rep. McElveen: A BILL TO AMEND SECTION 20-7-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION OF CONSENTS AND RELINQUISHMENTS FOR THE PURPOSE OF ADOPTION, SO AS TO ADD A JUDGE ADVOCATE AS A PERSON AUTHORIZED TO WITNESS THE CONSENT OR RELINQUISHMENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3426 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE RECORD WHICH MUST BE KEPT REGARDING THE CASES AND HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Simrill, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. TUCKER, for the minority, submitted an unfavorable report, on:
H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3890 -- Rep. Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA'S INTERNATIONAL BUSINESS PROGRAM ON BEING RANKED THE NATION'S BEST BUSINESS PROGRAM FOR THE PAST SIX YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3891 -- Reps. Vaughn, Jaskwhich, Huff, Quinn, Marchbanks, Herdklotz, Carnell, Cato, Klauber, A. Young, Tripp, Fulmer, Fleming, Kelley, Witherspoon, Stoddard, Harrison, Wofford and Fair: A CONCURRENT RESOLUTION ESTABLISHING A JOINT LEGISLATIVE AD HOC COMMITTEE TO STUDY AND DEVELOP A PLAN FOR THE IMPLEMENTATION OF A VOUCHER SYSTEM FOR THE FINANCING OF PUBLIC EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 3892 -- Rep. Rogers: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE RADIO STATION WUSC ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE STATION FOR THE MANY CONTRIBUTIONS IT HAS MADE TO THE UNIVERSITY OF SOUTH CAROLINA AND TO THE COLUMBIA AREA.
The Resolution was adopted.
The following was introduced:
H. 3893 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE RADIO STATION WUSC ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE STATION FOR THE MANY CONTRIBUTIONS IT HAS MADE TO THE UNIVERSITY OF SOUTH CAROLINA AND TO THE COLUMBIA AREA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3894 -- Reps. McCraw, Meacham, Kirsh, Simrill and Delleney: A BILL TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY AND THE ANNUAL DEPRECIATION ALLOWED FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE AN ANNUAL DEPRECIATION ALLOWANCE OF THIRTY PERCENT FOR ELECTRONIC INTERCONNECTION COMPONENT ASSEMBLY DEVICES FOR COMPUTERS AND COMPUTER PERIPHERALS AND TO ALLOW ORIGINAL COST OF THE CUSTOM MOLDS AND DIES USED TO MANUFACTURE SUCH DEVICES TO BE REDUCED BY NINETY PERCENT AND TO PROVIDE DEFINITIONS.
Referred to Committee on Ways and Means.
H. 3895 -- Reps. Meacham, Quinn, A. Young, Cromer, Cotty, Mason, Cain, Carnell, Bailey, Wright, Hutson, Whatley, Seithel, Herdklotz, McAbee, Littlejohn, Easterday, Simrill, Kirsh, Jaskwhich, Limehouse, Kelley, Waldrop, Fleming, Trotter, Kinon, McCraw, Robinson, Koon, Walker, Stuart, Phillips, Haskins, Knotts, Davenport, Vaughn, Witherspoon, Dantzler, Marchbanks, Townsend, Rogers, Wofford, Harvin, Klauber, Harrison and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-132 SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO ESTABLISH AND OPERATE AN INMATE HIGHWAY MAINTENANCE ROAD CREW PROGRAM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3899 -- Rep. Tucker: A BILL TO AMEND SECTION 56-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO PROVIDE THAT INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT MOTOR VEHICLE OR MOTORCYCLE MUST BE INVESTIGATED BY ANOTHER AGENCY WHEN INJURY OR DEATH OCCURS OR INVOLVES A PRIVATELY-OWNED MOTOR VEHICLE OR MOTORCYCLE.
Referred to Committee on Education and Public Works.
H. 3900 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.
Referred to Committee on Judiciary.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Referred to Committee on Ways and Means.
H. 3904 -- Reps. Hallman, Cobb-Hunter, Herdklotz, Seithel, A. Young, Whatley, Vaughn, Haskins, Simrill, Cato, Wilkins, Mason, Wright, Fulmer, Sheheen, McCraw, Limehouse, Knotts, Quinn, D. Smith, Huff, Harrison, Phillips, Kinon, Delleney, Easterday, Fair, Marchbanks, Keyserling, Harrell and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Referred to Committee on Ways and Means.
S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.
Referred to Committee on Judiciary.
S. 288 -- Senators Greg Smith and Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.
Referred to Committee on Education and Public Works.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
Referred to Committee on Ways and Means.
S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.
Referred to Committee on Education and Public Works.
S. 600 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.
Referred to Committee on Judiciary.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3902 -- Reps. Spearman, Clyburn and McAbee: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SALUDA HIGH MARCHING TIGER BAND, AA STATE CHAMPIONS FOR 1994, AND THE BAND'S DIRECTORS AND PRINCIPAL ON THURSDAY, APRIL 6, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE AA STATE MARCHING BAND CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the Saluda High Marching Tiger Band and the band's directors and principal be extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, April 6, 1995, for the purpose of being recognized on winning the 1994 AA State Marching Band Championship.
The Resolution was adopted.
The following was introduced:
H. 3903 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SALUDA HIGH MARCHING TIGER BAND UPON WINNING THE 1994 AA STATE MARCHING BAND CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Marchbanks Mason McAbee McCraw 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 Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 29.
Mark S. Kelley Daniel T. Cooper Bradley D. Cain Grady A. Brown Ronald P. Townsend Marion P. Carnell Timothy C. Wilkes Lanny F. Littlejohn Harold G. Worley C. Alex Harvin, III
SILENT PRAYER
On motion of Rep. ROGERS, the House stood in silent prayer for the recovery of The Honorable Bill Campbell, former House member.
SPEAKER DAVID WILKINS and Rep. ALLISON recognized the women serving, or formerly serving, in the General Assembly of the State of South Carolina, for the purpose of the "One Hundredth Celebration of Women in the Legislature."
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
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.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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".
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.
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.
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.
The SPEAKER granted Rep. G. BROWN a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. CATO having the floor.
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 continued speaking.
Reps. SCOTT, NEAL, INABINETT, LLOYD, HINES and ANDERSON objected to the Bill.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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. HARRISON explained the Bill.
H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.
H. 3862 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HEALTH CARE COOPERATIVE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Resolution.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 28, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. RISER explained the amendment.
Reps. SCOTT, NEAL, CANTY, ROGERS, HOWARD, LLOYD, SHISSIAS, McMAHAND and ANDERSON objected to the Bill.
The following Bill was taken up.
H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5692HTC.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 12-54-240(B) of the 1976 Code, as last amended by Act 516 of 1994, is further amended by adding an appropriately numbered item at the end to read:
"( ) disclosure of information pursuant to Section 31-3-50. The public housing authority making this request is responsible for reimbursing the South Carolina Department of Revenue and Taxation for actual costs incurred in supplying such information."/
Renumber items to conform.
Amend title to conform.
Rep. ELLIOTT 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.
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.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
On motion of Rep. R. SMITH, with unanimous consent, the House stood in silent prayer for the recovery of the students from L.B.C. Middle School of Bath, S.C. and Leavelle McCampbell Middle School of Graniteville, S.C., who were injured in a school bus accident.
On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.
H. 3085 -- Reps. Cromer, Stuart, Marchbanks, Simrill, Allison, Meacham, Bailey, A. Young, Cotty, Inabinett, Stille, Baxley, Cato, Jennings, Witherspoon, Walker, Vaughn, Fulmer, Kelley, Richardson, Cain, Sandifer, Mason, Robinson, Lloyd and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE FOR THE IMMEDIATE IMPOUNDMENT OF A MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE WHICH IS BEING OPERATED WITHOUT INSURANCE, PROVIDE FOR PAYMENT OF THE COSTS OF THE IMPOUNDMENT AND OTHER FINES AND FEES, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.
Rep. SCOTT asked unanimous consent to recall H. 3043 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Rep. HALLMAN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following House Resolution was taken up.
H. 3315 -- Reps. L. Whipper, Phillips, S. Whipper, Breeland, Anderson and Moody-Lawrence: A HOUSE RESOLUTION TO DECLARE THE LADIES LOUNGE LOCATED INSIDE THE HOUSE OF REPRESENTATIVES CHAMBER A NO SMOKING AREA.
Be it resolved by the House of Representatives:
That the ladies lounge located inside the House of Representatives chamber is designated a no smoking area.
The question then recurred to the adoption of the Resolution.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Byrd Cobb-Hunter Fulmer Gamble Harrison Haskins Herdklotz Inabinett Jaskwhich Limehouse Marchbanks McMahand Moody-Lawrence Neal Phillips Quinn Shissias Simrill Spearman Stuart Thomas Tripp Wells Whipper, L. Whipper, S.
Those who voted in the negative are:
Askins Cato Cooper Hallman Harris, J. Law Limbaugh Meacham Rhoad Trotter Wofford Young, A.
So, the Resolution was adopted.
The following Concurrent Resolution was taken up.
S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.
Whereas, Amtrak is energy efficient and environmentally beneficial, consuming about half as much energy per passenger mile as airlines and causing less air pollution; and
Whereas, Amtrak provides mobility to citizens of many smaller communities poorly served by air and bus services, as well as to those senior citizens, disabled people, students, and persons with medical conditions preventing them from flying who need trains as a travel option; and
Whereas, Amtrak is nine times safer than driving on a passenger-mile basis and operates even in severe weather conditions; and
Whereas, Amtrak travel rose forty-eight percent from 1982 to 1993 and Amtrak dramatically improved coverage of its operating costs from revenues; and
Whereas, expansion of Amtrak service by using existing rail rights-of-way would cost less and use less land than new highways and airports and would further increase Amtrak's energy-efficiency advantage; and
Whereas, federal investment in Amtrak has fallen in the last decade while it has risen for airports and highways; and
Whereas, states may use highway trust fund money as an eighty percent federal match for a variety of nonhighway programs, but they are prohibited from using such monies for Amtrak projects; and
Whereas, Amtrak pays a fuel tax that airlines do not pay; and
Whereas, Amtrak workers and vendors pay more in taxes than the federal government invests in Amtrak. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Congress is urged not to reduce federal funding of Amtrak.
Be it further resolved that Amtrak be excused from paying fuel taxes that airlines do not pay.
Be it further resolved that states be given the flexibility to use federal highway trust fund monies on Amtrak projects if they so choose.
Be it further resolved that federal officials include a strong Amtrak system in any plans for a national transportation system.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of South Carolina's Congressional Delegation, all at Washington, D.C.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.
Whereas, it has come to the attention of the members of the General Assembly that vast quantities of cheaply produced velvet are being imported into the United States from overseas including such countries as South Korea; and
Whereas, while it is true that velvet can be produced in these countries at competitive prices, it is an unfair trade practice for foreign producers to sell velvet in this country far below its market price and possibly its production price in an attempt to force United States manufacturers out of business; and
Whereas, in recent years United States velvet manufacturers, with the assistance of federal and state officials, have been partially successful in limiting the amount of imported velvet which may be shipped into this country; and
Whereas, domestic velvet producers can compete with foreign producers provided that foreign producers adhere to the laws of this country which prohibit the practice of "dumping"; and
Whereas, there is also presently an imported velvet duty tax which is scheduled to expire at the end of 1996, and an extension of this tax would substantially help in bringing balance to the United States velvet market; and
Whereas, if steps are not taken to immediately deal with this problem, all competition in the velvet industry could be eliminated to the detriment of American consumers as American manufacturers are forced out of the marketplace. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, hereby memorialize the Congress of the United States to take immediate action to stop the dumping into the American market of velvet imported from other countries and request the Congress to extend the imported velvet duty tax which is to expire at the end of 1996.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; and all members of the South Carolina Congressional Delegation in Washington, D.C.
Rep. KOON explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. KIRSH.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to the appropriate committee:
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
Referred to Committee on Education and Public Works.
The motion period was dispensed with on motion of Rep. HASKINS.
Rep. COOPER moved that the House do now adjourn, which was adopted.
At 11:40 A.M. the House in accordance with the motion of Rep. RICE adjourned in memory of Mary G. Sandzen of Greenville, to meet at 10:00 A.M. tomorrow.
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