Renumber Sections to conform.
Amend title to conform.
Make all necessary technical corrections.
/s/Senator Thomas L. Moore/s/Rep. Larry L. Koon
/s/Senator James A. Lander/s/Rep. Molly M. Spearman
/s/Senator Robert L. Waldrep/s/Rep. William D. Witherspoon
On Part of the Senate.On Part of the House.
Rep. SPEARMAN explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. PHILLIPS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was not agreed to.
Rep. KIRSH moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 50 to 13.
The Senate returned to the House with concurrence the following:
H. 4248 -- Reps. Stuart, Riser, Koon, Knotts, Gamble and Wright: A CONCURRENT RESOLUTION COMMENDING CHARLES A. WHITEHEAD, DIRECTOR OF PUBLIC SAFETY FOR LEXINGTON COUNTY, FOR HIS EXEMPLARY PUBLIC SERVICE, EXTENDING BEST WISHES FOR MUCH HAPPINESS FOLLOWING HIS RETIREMENT FROM THIS POSITION AND DESIGNATING HIM A "SOUTH CAROLINA STAR".
H. 4257 -- Reps. Seithel, Whatley, Inabinett, Hallman, Fulmer, Harrell,
Limehouse, L. Whipper, Breeland, S. Whipper, Hutson and Dantzler: A CONCURRENT
RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE DERWOOD L. (WOODY)
AYDLETTE,
JR., OF CHARLESTON COUNTY FOR HIS DISTINGUISHED PREVIOUS SERVICE AS A MEMBER
OF
THE HOUSE OF REPRESENTATIVES AND FOR HIS CONTINUING EXEMPLARY PUBLIC
SERVICE.
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:
Give to each one here, O Lord, a steadfast mind that no unworthy thought can drag down, an unconquered determination for the best that no tribulation can wear out, an upright aim that no unworthy purpose can pull aside. Bestow upon us understanding to know You, wisdom to find You, and a faithfulness to remain steadfast in following You. Help us to use the precious hours of this Session in such a manner that You can hallow them with Your blessings.
Give us the radiant joy which is the reward of those who are workers together with You. 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. McCRAW moved that when the House adjourns, it adjourn in memory of Waite C. Hamrick, Jr. of Gaffney, which was agreed to.
The following was received.
Columbia, S.C., May 30, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the
amendments proposed by the House to S. 847:
S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE
ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL
DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the
amendments proposed by the House to H. 4146:
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING
CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING
AN
EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20,
39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120,
39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS,
SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260,
12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340,
12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550,
12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710,
12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780,
12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110,
12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250,
12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS
12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130,
12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360,
12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430,
12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR
FUELS OTHER THAN
Very respectfully,
President
Received as information.
The following was received from the Senate.
The Senate respectfully informs your Honorable Body that it nonconcurs in the
amendments proposed by the House to S. 90:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION
16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE
OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A
REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY
REASONABLY
BELIEVE TO BE A DEADLY WEAPON.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRISON, LIMBAUGH and MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 30, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted free
conference powers and appointed Senators Holland, Moore and Courson of the
Committee of Free Conference on the part of the Senate on H. 3096:
Received as information.
The Senate returned to the House with amendments the following:
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION
Rep. CATO explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF
Rep. WALKER explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. RICHARDSON, the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
The following was introduced:
H. 4275 -- Rep. R. Smith: A HOUSE RESOLUTION TO CONGRATULATE BURR T. BARNES, JR., OF AIKEN COUNTY UPON BEING SELECTED OUTSTANDING STATE RETIREE EMPLOYEE OF THE YEAR AND TO EXPRESS APPRECIATION FOR HIS CONTINUED LOYALTY AND SERVICE TO THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4276 -- Reps. P. Harris, Chamblee, Cooper, Stille, Tucker and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 878 -- Senator Setzler: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF NOVEMBER 12-18, 1995, AMERICAN EDUCATION WEEK, AND WEDNESDAY, NOVEMBER 15, 1995, AS EDUCATIONAL SUPPORT DAY.
Whereas, throughout American history, public schools have helped democratize our nation, strengthen our communities, and widen our opportunities; and
Whereas, by integrating different groups into a common educational setting, public schools prepare this state's and nation's diverse population to live harmoniously in a free, democratic society; and
Whereas, the future of America in the next century depends on the students who are in our schools today; and
Whereas, all citizens have an important mutual interest in educating future citizens; and
Whereas, strong, effective public schools are a springboard to a better tomorrow; and
Whereas, American Education Week was established in 1921 to recognize the importance of public education; and
Whereas, the theme for 1995, "Good Schools are a Great Investment", is particularly critical for South Carolina; and
Whereas, teachers play a critical role in the delivery and improvement of public education; and
Whereas, education support personnel, including secretaries and clerical assistants, lunchroom workers, bus drivers, teacher aides and assistants, custodians and maintenance workers, also make important contributions to public education in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly proclaim the week of November 12-18, 1995, American Education Week, and Wednesday, November 15, 1995, as Educational Support Day.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4279 -- Rep. Anderson: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT
Referred to Committee on Judiciary.