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:
Lord, there are times when we fail to make Your way a reality in our lives.
Forgive us for not believing that You can do all that You say. "Lord,
increase our faith," and help us to put our faith into action.
And as we near the end of a work week here, help us to be encouraged by Your support to our effort. Take our words and deeds as humble offerings that seek daily to show Your Lordship. Keep our ears attuned to Your voice, give to us an ever increasing desire to rely upon You in challenges and opportunities which are continually before us. Enable us to hear clearly the words of the Psalmist: "The fear of the Lord is the beginning of wisdom." (Psalm 111:10a) 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. KEEGAN moved that when the House adjourns, it adjourn in memory of John M. Gleason of Charleston, which was agreed to.
The Annual Report of the Joint Insurance Study Committee was received and will
be printed in the Senate Journal on Friday, January 20.
The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the
veto by the Governor on R628, H. 5146 by a vote of 45 to 0.
(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY
SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO
AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL
DISTRICT SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE
FILLED.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the
veto by the Governor on R537, S. 1040 by a vote of 45 to 0.
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE
LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF
THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE
MUST
BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO
AMEND
SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE
CHOSEN
TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM
SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN,
AND
PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING
TO SOUTH CAROLINA
Rep. SHEHEEN moved to adjourn debate upon the veto message until Tuesday,
January 24, which was adopted.
The following was introduced:
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.
The Resolution was ordered referred to the Committee on Rules.
On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:
H. 3316 -- Rep. Kirsh: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA
JAYCEES TO USE THE BLATT BUILDING AND UNDERGROUND PARKING FACILITY OF THE
CAPITOL COMPLEX ON SATURDAY AND SUNDAY, JANUARY 28 AND 29, 1995, TO REQUEST
THE
DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE
UNDERGROUND
PARKING FACILITY AND THE BLATT BUILDING, AND TO ARRANGE FOR ASSISTANCE AND
ACCESS BY THE STATE HOUSE SECURITY FORCES.
Be it resolved by the House of Representatives:
That the South Carolina Jaycees are authorized to use the Blatt Building and underground parking facility of the Capitol Complex on Saturday and Sunday, January 28 and 29, 1995, if the House is not in statewide session
Be it further resolved that the Division of General Services is requested to provide for the underground parking facility and the Blatt Building to be made available for reasonable use by the Jaycees and that the State House security forces provide assistance and access necessary for this meeting in accordance with previous procedures.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young:
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL
ASSEMBLY
PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED
REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND
AUTHORIZE
THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
Referred to Committee on Ways and Means.
H. 3318 -- Reps. Thomas, Martin, Rogers, Quinn, Felder, J. Young, Law and
Dantzler: A BILL TO AMEND SECTION 61-5-20, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF
ALCOHOLIC LIQUOR, SO AS TO DELETE THE PROVISIONS FOR ALCOHOLIC LIQUORS IN
SEALED
CONTAINERS OF TWO OUNCES OR LESS AND PROVIDE FOR ALCOHOLIC LIQUOR BY THE
DRINK;
AND TO AMEND SECTION 61-5-130, AS AMENDED, RELATING TO THE TAX ON ALCOHOLIC
LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO DELETE THE TAX ON
THE CONTAINERS AND RELATED REQUIREMENTS AND PROVIDE FOR A TAX ON EACH
LITER.
Referred to Committee on Ways and Means.
Referred to Committee on Judiciary.
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.
Referred to Committee on Judiciary.
H. 3321 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF
COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO
CONTRACT
OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR
ARRANGE
INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER
WHERE
THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A
CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A
PERCENTAGE OF THE CLAIM PAID BY THE INSURER.
Referred to Committee on Labor, Commerce and Industry.
H. 3322 -- Reps. McAbee, Kelley, Inabinett, Hutson, Shissias, J. Harris, Scott,
Byrd and McCraw: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING ARTICLE 32 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF
SPECIAL LICENSE PLATES FOR REGIONAL TOURISM COMMISSIONERS.
Referred to Committee on Education and Public Works.
Referred to Committee on Education and Public Works.
H. 3324 -- Rep. Davenport: A JOINT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF
EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS
WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE
FINDINGS
OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JULY 1, 1995,
AND
MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR
UNNECESSARY
REGULATIONS IMPOSED ON SCHOOLS.
Referred to Committee on Education and Public Works.
H. 3325 -- Reps. Knotts, Haskins, Lanford, Cain, Wright, Riser, S. Whipper,
Herdklotz, Townsend, Elliott, Kelley, Stille, Meacham, H. Brown, Keegan, Bailey,
Quinn, Hallman, Keyserling, Wofford, Wilder, Sandifer, Vaughn, Littlejohn,
Kennedy, Gamble, Simrill, Seithel, Shissias, Hutson, Chamblee, R. Smith,
Richardson, Harrell, Marchbanks, Cato, Allison, Wells, Davenport, Stoddard,
Wilder, Whatley, Thomas, A. Young, Witherspoon, Klauber, Baxley, McCraw, Cooper,
Phillips, Cotty, Tucker, J. Harris, Kirsh and J. Young: A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA,
1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO
PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO PLEADS GUILTY OR NOLO
CONTENDERE TO OR IS CONVICTED OF A CRIME IN STATE OR FEDERAL COURT THE
PENALTY
FOR WHICH INCLUDES A TERM OF IMPRISONMENT
Referred to Committee on Judiciary.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and
Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL
MEDICAL
ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS
A
TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE
EXPENSES
OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO
PROVIDE A
TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF
FUNDS.
Referred to Committee on Ways and Means.
H. 3327 -- Reps. J. Brown, Hines, Breeland, L. Whipper, Byrd, Clyburn, Lloyd,
Anderson, Inabinett and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL
REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO
PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3328 -- Reps. Richardson, Haskins, Keyserling, Hines, Fulmer, Byrd, Breeland,
Tripp, J. Brown, Kelley, Lloyd, Cato, Robinson, Harvin, Inabinett, Koon,
Littlejohn, Jaskwhich and Herdklotz: A BILL TO AMEND SECTION 56-1-50, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION,
ISSUANCE, RENEWAL, AND FEE FOR A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE
AGE TO OBTAIN A PERMIT AND TO REVISE THE AGE OF THE LICENSED DRIVER WHO
ACCOMPANIES A PERSON HOLDING A PERMIT.
Referred to Committee on Education and Public Works.
H. 3329 -- Reps. Richardson, Sharpe, Simrill, Keyserling, Byrd, Robinson,
Herdklotz, Littlejohn, Fulmer, Jaskwhich, Lloyd, Koon and
Referred to Committee on Labor, Commerce and Industry.
H. 3330 -- Reps. Tucker, Chamblee, Hallman, Wilder, Seithel, Fulmer, Simrill,
Elliott, Fleming, Herdklotz, Harvin, Jaskwhich, Cooper, Wofford, Law, Robinson,
Tripp, J. Brown, Whatley, Lloyd, Rhoad, P. Harris, Cato, Haskins, Koon, Baxley
and S. Whipper: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT
BOATS
AND MOTORS NOT USED IN A TRADE OR BUSINESS.
Referred to Committee on Ways and Means.
H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA
REAL ESTATE APPRAISERS BOARD.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3332 -- Reps. Keyserling, Cave, Cain, Martin, Sandifer, Cotty, Stuart,
Baxley, Moody-Lawrence, Canty, Chamblee, Lloyd, Scott, Tucker and Richardson: A
BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR
PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO EXTEND THE FIVE DOLLAR
A
DAY SUBSISTENCE ALLOWANCE DEDUCTION
Referred to Committee on Ways and Means.
H. 3333 -- Reps. Keyserling, Hines, Sharpe, Inabinett, Cobb-Hunter, Spearman,
Lloyd, Richardson, Shissias, Baxley, McCraw, Moody-Lawrence, Byrd, Scott, Neal,
Phillips, J. Brown, Cave, J. Harris, Hutson and Jennings: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17, TITLE 37 SO AS TO
PROVIDE FOR THE REGULATION AND LICENSING BY THE SOUTH CAROLINA DEPARTMENT
OF
CONSUMER AFFAIRS OF BUSINESSES SELLING CHECKS AND MONEY ORDERS AND CASHING
CHECKS FOR CONSIDERATION; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE
LICENSE FEES; TO REQUIRE FINANCIAL SURETY, INCLUDING BONDS; TO PERMIT
EXAMINATION OF RECORDS AND BOOKS; TO PROVIDE RESTRICTIONS ON FEES CHARGED FOR
SERVICES; TO PROVIDE GROUNDS FOR REVOCATION AND SUSPENSION; AND TO PROVIDE
PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3334 -- Reps. Keyserling, Phillips, Inabinett, Meacham, Bailey, Limbaugh,
Neal, Hines, Lloyd, Richardson, Klauber, Hutson, Vaughn, Clyburn, Neilson,
Scott, Rhoad, Law, J. Harris, McCraw, Haskins, Cave, Moody-Lawrence, Keegan and
Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING
AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN
OBTAINED; TO AMEND SECTION 17-5-260, RELATING TO AUTOPSIES PERFORMED ON PERSONS
DYING AS A RESULT OF VIOLENCE OR IN ANY UNUSUAL OR SUSPICIOUS CIRCUMSTANCES,
SO
AS TO REQUIRE NOTICE TO THE FAMILY OF THE DECEDENT IF ORGANS OR TISSUE ARE
REMOVED PERMANENTLY; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS
AMENDED,
AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE
THAT COUNSELING BE PROVIDED AND WITNESSED AND A STATEMENT SIGNED THAT
COUNSELING
WAS RECEIVED AND TO REQUIRE THE FORM BE WRITTEN SO AS TO BE UNDERSTANDABLE
TO A
LAY PERSON; AND TO AMEND
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3335 -- Reps. Cato, Tripp, Hallman, Fulmer, Trotter, Cooper, Law, Meacham,
Mason, A. Young, Stuart and S. Whipper: A BILL TO AMEND SECTION 38-77-280, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE
INSURANCE LAW AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE
CERTAIN
PROVISIONS, PERMIT, RATHER THAN REQUIRE, COLLISION COVERAGE AND EITHER
COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE TO BE MADE
AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT, AND PROVIDE, AMONG OTHER
THINGS,
THAT INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN
APPLICANT FOR THE INSURANCE AT THE TIME OF HIS APPLICATION A CERTAIN NOTICE
SEPARATE AND APART FROM ANY OTHER FORM USED IN THE APPLICATION AND THAT, IF
THE
DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FINDS THAT AN INSURER
IS
PARTICIPATING IN DISCRIMINATORY PRACTICES, THE DIRECTOR OR HIS DESIGNEE MAY
IMPOSE A FINE ON THE INSURER OF UP TO TWO HUNDRED THOUSAND DOLLARS; AND TO
REQUIRE ALL INSURERS SUBJECT TO THE PROVISIONS OF 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, WHICH FILINGS MUST REFLECT THE RATE
DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 3336 -- Reps. Cato, Tripp, Kelley, Fulmer, Hallman, Meacham, Trotter, Cooper,
Cromer, A. Young, Rhoad, Neal, Easterday, Stuart, Law, Knotts, Hutson,
Herdklotz, Kirsh and S. Whipper: A JOINT RESOLUTION TO REQUIRE THAT RECOUPMENT
FEES FOR PRIVATE PASSENGER AUTOMOBILE LIABILITY INSURANCE POLICIES REMAIN AT
FISCAL YEAR 1994-95 LEVELS AND
Referred to Committee on Labor, Commerce and Industry.