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, we turn from the pressures of many things and the demands of varied duties to hear "You will keep in perfect peace him whose mind is stayed on You." Take our imperfect judgments and our limited horizons and transform them that Your ways may adorn what we do in this place. Make us equal to the times in which we live that we may face with clear consciences the gaze of our contemporaries and the judgement of posterity, make us patient under questioning, composed under criticism, helpful to the weak, sympathetic to the downtrodden, and courteous to all, always despising evil and coveting nothing more that a good name.
God bless us all. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of Coach Frank Howard of Clemson, which was agreed to.
The following was received.
January 26, 1996
Honorable David H. Wilkins
Speaker, State House of Representatives
Post Office Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
This is to advise that Dwight Loftis (R) was elected to the House of Representatives, District 19 at a special election held in Greenville County on January 23, 1996.
Sincerely,
James F. Hendrix
Executive Director
Received as information.
The following was received.
January 26, 1996
Mrs. Sandra McKinney
Clerk of the House of Representatives
Post Office Box 11867
Columbia, S.C. 29211
Dear Mrs. McKinney:
Under date of January 26, 1996, the State Election Commission certified to this office the results of the election in House District 19, held in South Carolina on January 23, 1996. The Certification shows that Dwight Loftis (R) has been elected to the South Carolina House of Representatives, District 19.
I, therefore, certify that Dwight Loftis (R) has been elected as a Member of the South Carolina House of Representatives from District 19, for term as prescribed by law.
Yours very truly,
Jim Miles
Secretary of State
Received as information.
Mr. Dwight Loftis, Member-elect from District No. 19, presented his credentials and the oath of office was administered to him by the SPEAKER.
TO: Representative Dwight Loftis
FROM: David H. Wilkins, Speaker
DATE: January 26, 1996
RE: Committee Appointment
Welcome to the South Carolina House of Representatives. It is with pleasure that I appoint you to the South Carolina House Medical, Military, Public & Municipal Affairs Committee. I know that you will serve with great distinction. I look forward to working with you.
If you have any questions, please do not hesitate to contact me.
The following were received and referred to the appropriate committee for consideration.
Document No. 1875
Promulgated By Department of Health and Human Services
Article 3. Medicaid: Fair Hearings
Received By Speaker January 25, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 25, 1996
Document No. 1881
Promulgated By Department of Health and Human Services
Medicaid: Medical Institution Vendor Payments
Received By Speaker January 25, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 25, 1996
The following was received.
Columbia, S.C., January 25, 1996
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. 654:
S. 654 -- Senator Greg Smith: 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Pest Control Association for a reception, February 6, 1996, 6:30 P.M. - 8:00 P.M. at the Sheraton.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Congress of Parents and Teachers for breakfast, February 7, 1996, 7:00 A.M. - 8:30 A.M. in Room 208 Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Town House Associates, Inc. for an oyster roast, February 7, 1996, 6:00 P.M. - 8:00 P.M. at the Clarion Town House Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Organization on Mental Retardation for a drop-in, February 8, 1996, 8:30 A.M. - 10:00 A.M. in Room 208 Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau Federation for a Legislative Banquet, February 13, 1996, 6:00 P.M. in the Moore Building, State Fairgrounds.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Justice Fellowship for breakfast, February 14, 1996, 7:30 A.M. at the Capital City Club.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Counties for a reception, February 14, 1996, 6:00 P.M. - 7:30 P.M. at the Embassy Suites Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Vocational Association and S.C. Vocational Directors Association for brunch, February 15, 1996, 9:00 A.M. - 10:00 A.M in Room 208 Blatt Building and for a seminar, at 12:00 Noon - 2:00 P.M. in Room 201 Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Electric Cooperatives for a reception, February 20, 1996, 6:00 P.M. - 7:30 P.M. at the Adam's Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. School for the Deaf and the Blind for a luncheon, February 21, 1996, upon adjournment until 2:00 P.M. in Room 221 Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Manufacturing Housing Institute of S.C. for a reception, February 21, 1996, 6:00 P.M. - 8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Palmetto Coalition for a drop-in, February 22, 1996, 9:00 A.M. - 10:00 A.M. in Room 208 Blatt Building.
The invitation was accepted.
The Senate sent to the House the following:
S. 1068 -- Senators Wilson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RAYMOND SAMUEL YOUNGINER OF IRMO IN LEXINGTON COUNTY ON BECOMING A CENTENARIAN ON FEBRUARY 7, 1996, AND FURTHER EXPRESSING APPRECIATION FOR HIS LONG LIFE OF SERVICE TO HIS COUNTRY, STATE, AND COMMUNITY AS A VETERAN OF THE FIRST WORLD WAR, A LONG AND DISTINGUISHED CAREER WITH THE UNITED STATES POST OFFICE, AND NUMEROUS COMMUNITY ACTIVITIES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4508 -- Reps. Howard, L. Whipper, R. Smith, J. Hines, M. Hines, Stoddard, Cobb-Hunter, Wilder, Neal, Moody-Lawrence, Govan, Cave, Lee, Williams, Clyburn, Breeland and Scott: A JOINT RESOLUTION TO ESTABLISH AN AFRICAN AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
Referred to Committee on Education and Public Works.
H. 4509 -- Reps. Hodges, Rogers, Cobb-Hunter, Keyserling and Cromer: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT BEGINNING JULY 1, 1996, VACANCIES ON THE COMMISSION MUST BE FILLED BY ELECTION BY THE GENERAL ASSEMBLY UPON NOMINATION OF THE EMPLOYMENT SECURITY COMMISSION SELECTION PANEL HEREINAFTER ESTABLISHED AND TO PROVIDE THAT EACH SEAT ON THE COMMISSION SHALL BE SPECIFICALLY NUMBERED; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 41-29-11 THROUGH 41-29-17 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY COMMISSION SELECTION PANEL TO MAKE NOMINATIONS TO THE GENERAL ASSEMBLY OF CANDIDATES FOR ELECTION TO THE COMMISSION, AND TO PROVIDE THE PROCEDURES FOR THE MAKING OF SUCH NOMINATIONS, INCLUDING PROVISIONS THAT A SITTING MEMBER OF THE GENERAL ASSEMBLY FIRST MUST RESIGN HIS OFFICE BEFORE HE MAY SUBMIT AN APPLICATION WITH THE PANEL FOR NOMINATION BY THE PANEL AS A CANDIDATE FOR ELECTION TO THE COMMISSION.
Referred to Committee on Judiciary.
H. 4510 -- Rep. Townsend: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE INSURANCE PLANS, SO AS TO AUTHORIZE PARTICIPATION BY A FORMER MEMBER OF THE GENERAL ASSEMBLY WITH AT LEAST EIGHT YEARS CREDITED SERVICE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM UPON PAYMENT OF THE CONTRIBUTION REQUIRED OF CURRENT EMPLOYEES RATHER THAN THE FULL PREMIUM COST.
Referred to Committee on Ways and Means.
H. 4513 -- Reps. Witherspoon, Hallman, Keyserling, J. Hines, Mason, Koon, Cain, Sandifer, Haskins, G. Brown, Meacham, Seithel, Simrill, Thomas, Wells, McCraw, Wright, Kelley, Hutson, Fulmer, Askins, J. Young, Keegan, Boan, Moody-Lawrence, Robinson, Rhoad, Riser, Trotter, J. Brown, Kirsh, H. Brown, Whatley, Spearman, Martin, Kennedy, Baxley, Hodges, Vaughn, Wilder, Tripp, Richardson, Phillips, Marchbanks, Elliott, Harvin and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE OR BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.
Referred to Committee on Ways and Means.
H. 4514 -- Rep. Harrison: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO CHANGE THE PERIOD FOR DESERTION FROM ONE YEAR TO FOUR MONTHS.
Referred to Committee on Judiciary.
H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.
On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4516 -- Reps. Dantzler, Mason, Littlejohn, Chamblee, Stille and Koon: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.
Referred to Committee on Labor, Commerce and Industry.
S. 656 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT, IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.
Referred to Committee on Ways and Means.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 4511 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY, HEAD COACH DAVID BERRY, AND THE COACHING STAFF ON WEDNESDAY, FEBRUARY 28, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Blackville-Hilda Hawks Football Team of Barnwell County, Head Coach David Berry, and coaching staff on Wednesday, February 28, 1996, at a time to be determined by the Speaker, for the purpose of being presented a Concurrent Resolution on winning the 1995 State Class A Boys Football Championship.
The Resolution was adopted.
The following was introduced:
H. 4512 -- Rep. Stuart: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART AND TO PROVIDE THAT REPRESENTATIVES OF THE SOUTH CAROLINA TREE FARM PROGRAM SHALL BE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, APRIL 11, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR CONTRIBUTIONS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
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. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Elliott Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, January 30.
Michael F. Jaskwhich Ronald N. Fleming Olin R. Phillips Alma W. Byrd Michael E. Easterday Timothy F. Rogers William F. Cotty Doug Smith Theodore A. Brown F.G. Delleney, Jr. L. Hunter Limbaugh Ralph W. Canty Joseph H. Neal Eugene C. Stoddard Harold G. Worley
LEAVE OF ABSENCE
The SPEAKER granted Rep. DAVENPORT a leave of absence for the day.
Announcement was made that Dr. Steve Imbeau of Florence is the Doctor of the Day for the General Assembly.
Rep. HARRISON moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
Rep. SHEHEEN moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.
S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.
The following Bill was taken up.
H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 25, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE explained the amendment.
Rep. ROBINSON moved to commit the Bill to the Committee on Judiciary, which was agreed to.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
The following Bill was taken up.
H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 25, by the Committee on Judiciary.
Rep. SIMRILL moved to adjourn debate upon the Bill until Wednesday, January 31, which was rejected.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. HARRISON moved to adjourn debate upon the Bill until Wednesday, January 31, which was adopted.
The following Bill was taken up.
S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 25, by the Committee on Judiciary.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. CROMER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 25, by the Committee on Judiciary.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. MARTIN explained the Bill.
Rep. R. SMITH moved to adjourn debate upon the Bill until Wednesday, January 31, which was adopted.
The following Bill was taken up.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
Rep. COOPER moved to adjourn debate upon the Bill until Wednesday, February 21.
Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 57 to 29.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3468DW.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 40, Chapter 41 of the 1976 Code is amended by adding:
Section 40-41-710. (A) For purposes of this section, 'retailer' means a retailer of a 'transient business' or a 'temporary business' as defined in Section 12-36-510.
(B) A retailer shall keep a record of the source of new merchandise the retailer offers for sale. The record may be a receipt or an invoice from the person who sold the merchandise to the retailer or any other documentation that establishes the source of the merchandise.
(1) The record or documentation must include:
(a) the physical address of the source;
(b) the date the merchandise was purchased by the retailer;
(c) the price paid for the merchandise;
(d) the quantity; and
(e) the name of source.
(2) The retailer shall keep the record at the same location as the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold.
(B) Upon the request of a law enforcement officer, after forming a reasonable suspicion that the merchandise possessed by the retailer may have been stolen, the retailer shall produce the record of the source of new merchandise the retailer offers for sale.
(C) If the retailer fails to produce the requested record the officer may seize the merchandise and hold it in custody as evidence and the retailer may be punished as follows:
(1) Upon conviction for a first offense, the retailer is guilty of a misdemeanor and must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(2) Upon conviction of a second offense, the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
(3) Upon conviction of a third offense, the retailer's Sales and Use Tax License must be revoked and the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
(D) Merchandise confiscated pursuant to the provisions of this section may be disposed of in accordance with the provisions of Chapter 21, Title 27.
(E) The provisions of this section do not apply to a charitable organization offering merchandise for sale."
SECTION 2. This act takes effect January 1, 1997./
Amend further by striking all before the enacting words and inserting:
/TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Reps. COOPER, TROTTER, CHAMBLEE, MARCHBANKS, TOWNSEND, P. HARRIS, WILLIAMS, McMAHAND, SEITHEL, HARRISON, JENNINGS, FLEMING, NEAL, KENNEDY, ELLIOTT and J. HINES objected to the Bill.
The following Bill was taken up.
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
Rep. CATO explained the Bill.
Reps. S. WHIPPER, COBB-HUNTER, ANDERSON, McMAHAND, SCOTT, NEAL, CATO, LAW, YOUNG-BRICKELL, MASON, WALKER, R. SMITH and WILLIAMS objected to the Bill.
Rep. COOPER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.
At 12:55 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Coach Frank Howard of Clemson, to meet at 10:00 A.M. tomorrow.
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