Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, may these moments of prayer lift us into the light of Your presence. Teach us that even in life's uncertainty, bewilderment and perplexity that You are the same yesterday, today and always. Keep us steadfast in things that are changeless: such as the moral law of the Ten Commandments and the eternal truths of the Sermon on the Mount. Banish from us all that is unworthy, overrule all mistakes, confirm and multiply all that is right. Help us to turn difficulties into dividends, tragedy into triumph.
And now as we go to our waiting tasks, remain with us enabling us to hear the words of the Psalmist: "The Lord is high above all Nations, and His glory above the heavens." (Psalm 113:4) 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. CARNELL moved that when the House adjourns, it adjourn in memory of Mrs. Teresa Gamble and her children, Kristina and Nicholas of Ware Shoals, which was agreed to.
The following was received.
Columbia, S.C., February 6, 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. 189:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4556 -- Reps. Spearman and Koon: A HOUSE RESOLUTION CONGRATULATING THE BATESBURG-LEESVILLE HIGH SCHOOL FOOTBALL TEAM ON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 22, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the House of Representatives are very pleased to learn that the Batesburg-Leesville High School "Panthers" Football Team captured the 1995 Class AA State Championship; and
Whereas, the Batesburg-Leesville Panthers defeated Lamar High School 42-8 for the Upper State Conference Game; and
Whereas, the Panthers rallied over Barnwell High School 35-0 to clinch the State Championship; and
Whereas, led by Head Coach Phil Strickland the team earned this state title as the undefeated conference champions;
Whereas, Batesburg-Leesville High's Athletic Director Gary Phillips, students, teachers, and parents have demonstrated their unity by providing support and dedication to the Panthers; and
Whereas, the team members' hard work, persistence, and talent has clearly paid dividends for the Panthers by winning this prestigious championship. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, congratulate the Batesburg-Leesville High School Football Team upon winning the 1995 Class AA State Championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives for the purposes of being recognized and congratulated on Thursday, February 22, 1996, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Phil Strickland, Head Coach of Batesburg-Leesville High School's Football Team and to Dr. Beth P. Reynolds, Principal of Batesburg-Leesville High School.
The Resolution was adopted.
On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
S. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 1996.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 14, 1996, at 12:30 p.m. to elect a successor to the Honorable Jean H. Toal, Associate Justice of the Supreme Court, and whose term expires July 31, 1996; to fill the office of Judge of the Court of Appeals, Seat 7, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to fill the office of Judge of the Court of Appeals, Seat 8, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2000; to fill the office of Judge of the Court of Appeals, Seat 9, created in the 1995-96 Appropriations Act, and whose term expires June 30, 1998; to elect a successor to the Honorable David F. McInnis, Judge of the Third Judicial Circuit whose unexpired term expires June 30, 2000; to fill the office of Judge of the Circuit Court At-Large, Seat 11, which was created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to fill the office of Judge of the Circuit Court At-Large, Seat 12, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to fill the office of Judge of the Circuit Court At-Large, Seat 13, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to elect a successor to the Honorable James A. Spruill, III, Judge of the Family Court for the Fourth Judicial Circuit, Seat 3, whose term expires June 30, 1996; to elect a successor to the Honorable Walter B. Brown, Jr., Judge of the Family Court for the Sixth Judicial Circuit, Seat 2, whose term expires June 30, 1996; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 5, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to elect a successor to the Honorable Joseph W. Board, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose unexpired term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 5, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to fill the office of Judge of the Family Court of the Fifteenth Judicial Circuit, Seat 3, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to elect a successor to the Honorable Ralph King Anderson, III, Judge of the Administrative Law Judge Division, Seat 6, whose term expires June 30, 1996.
Be it further resolved that all nominations shall be made by the Chairman of the Joint Legislative Committee for Judicial Screening and that no further nominating or seconding speeches be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1107 -- Senator Matthews: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THE STATE'S MOST PROMINENT COLLEGE PRESIDENTS, DR. LEONARD E. DAWSON, UPON TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP AT VOORHEES COLLEGE.
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. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
Referred to Committee on Ways and Means.
H. 4558 -- Reps. Whatley, Limehouse, Seithel, Hallman, Hutson and Fulmer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE, A SPECIFIED DISTRICT OF THE STATE, OR A POLITICAL SUBDIVISION THEREOF IN THE EXECUTIVE, JUDICIAL, AND LEGISLATIVE BRANCHES OF GOVERNMENT.
Referred to Committee on Judiciary.
H. 4559 -- Reps. Sharpe and McKay: A BILL TO AMEND SECTION 12-28-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE TAX ON MOTOR FUEL, SO AS TO EXEMPT GASOLINE FOR USE IN A RACING MOTOR VEHICLE NOT LICENSED FOR OPERATION ON PUBLIC HIGHWAYS.
Referred to Committee on Ways and Means.
H. 4560 -- Reps. Kelley, Keegan and Witherspoon: A BILL TO AMEND SECTION 4-20-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABOLITION OR BOUNDARY CHANGES OF A COMMUNITY RECREATION SPECIAL TAX DISTRICT, SO AS TO PROHIBIT ACTION BY THE GOVERNING BODY OF A COUNTY TO INCREASE THE AREA OF A DISTRICT EXCEPT UPON A PETITION SO REQUESTING FILED WITH THE GOVERNING BODY SIGNED BY AT LEAST FIFTEEN PERCENT OF THE QUALIFIED ELECTORS RESIDING IN THE PROPOSED AREA TO BE ADDED TO THE DISTRICT AND TO REQUIRE THE PROPOSED AREA TO BE CONTIGUOUS TO THE DISTRICT.
Referred to Committee on Judiciary.
H. 4561 -- Reps. Townsend, H. Brown, Herdklotz, Sharpe, Allison, Jaskwhich, Wilkins, Cooper, Cato, Harrison, P. Harris, Rhoad, Vaughn, Wright, Walker, Young-Brickell and Haskins: A BILL TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION ENDOWMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO PROVIDE FOR A SOUTH CAROLINA NEED-BASED GRANTS PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR PRIVATE INSTITUTION OF HIGHER LEARNING IN THIS STATE MAY RECEIVE STATE NEED-BASED GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE GRANTS; TO AMEND CHAPTER 143, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S EDUCATION ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND, AND TO REQUIRE THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST BE DISTRIBUTED QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES; TO AMEND SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED SHALL PROVIDE ONE-HALF OF THE SCHOLARSHIP, TO PROVIDE FOR THE AMOUNT OF FUNDING WHICH SHALL BE PROVIDED FOR STUDENTS AT PRIVATE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE UNDER THE NEED-BASED GRANTS PROGRAM ESTABLISHED BY CHAPTER 142 ABOVE AND UNDER THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM ESTABLISHED BY SECTION 59-104-20 ABOVE; AND TO AMEND ACT 145 OF 1995, RELATING TO THE 1995-96 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96.
Referred to Committee on Education and Public Works.
H. 4562 -- Reps. Keegan, Herdklotz and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO CREATE A BOARD OF BOILER AND PRESSURE VESSEL RULES TO SERVE WITHOUT SALARY AND TO FORMULATE AND PROMULGATE RULES AND REGULATIONS FOR THE SAFE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND PROCESS PIPING SYSTEMS; TO PROVIDE FOR THE ENFORCEMENT OF THE RULES AND REGULATIONS PROMULGATED BY THE BOARD; TO PROVIDE FOR THE EXAMINATION AND APPOINTMENT OF BOILER AND PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES TO BE CHARGED, AND REPORTS TO BE MADE; TO PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry.
H. 4563 -- Reps. McKay, Neilson, J. Hines, G. Brown and Baxley: A BILL TO AMEND SECTION 58-5-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "THE SOUTH CAROLINA GAS SAFETY ACT OF 1970" AND DEFINITIONS, SO AS TO DELETE CERTAIN LANGUAGE FROM THE DEFINITION OF "PIPELINE SYSTEM" OR "PIPELINE FACILITIES"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-33-180 SO AS TO REQUIRE A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY FOR THE SITING OF GAS PIPELINES.
Referred to Committee on Judiciary.
H. 4564 -- Reps. R. Smith, Mason, Sharpe and Clyburn: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, BY ADDING SECTION 40-75-95 SO AS TO EXEMPT FROM CHAPTER 75 CERTAIN PROFESSIONALS PERFORMING SERVICES SIMILAR TO PSYCHOLOGY SERVICES IF THE PERSON DOES NOT REPRESENT HIMSELF AS A PROFESSIONAL COUNSELOR; TO ADD SECTION 40-75-165 SO AS TO DIRECT THE BOARD TO PUBLICIZE THE MEANS BY WHICH COMPLAINTS MAY BE MADE; TO AMEND SECTION 40-55-70, RELATING TO THE UNAUTHORIZED USE OF THE TITLE "PSYCHOLOGIST", SO AS TO ALSO PROHIBIT AN UNLICENSED PERSON FROM PRACTICING AS A PSYCHOLOGIST; TO AMEND SECTION 40-75-40, AS AMENDED, RELATING TO INVESTIGATIONS OF COMPLAINTS, SO AS TO DELETE PROVISIONS RELATING TO PROCEDURES FOR INVESTIGATIONS AND HEARINGS; TO AMEND SECTION 40-75-70, RELATING TO THE UNAUTHORIZED REPRESENTATION AS A COUNSELOR, SO AS TO ALSO PROHIBIT THE USE OF CERTAIN TITLES, PRACTICING COUNSELING WITHOUT A LICENSE, AND UNLAWFULLY OBTAINING A LICENSE; TO AMEND SECTION 40-75-140, RELATING TO PRIVILEGES OF A LICENSEE AND DISPLAY OF LICENSES, SO AS TO REQUIRE DISPLAY AT EACH LOCATION WHERE THE LICENSEE PRACTICES; TO AMEND SECTION 40-75-160, RELATING TO COMPLAINTS, INVESTIGATIONS, AND HEARINGS, SO AS TO SET FORTH PROCEDURES AND TO REQUIRE NOTICE TO EMPLOYERS AND PROFESSIONAL ORGANIZATIONS WHEN A PERSON HAS VIOLATED THIS CHAPTER; AND TO AMEND SECTION 40-75-200, RELATING TO A CLIENT'S RIGHT TO DISCLOSURE OF A COUNSELOR'S QUALIFICATIONS, SO AS TO REQUIRE WRITTEN DISCLOSURE BEFORE A PERSON MAY CHARGE A FEE OR RECEIVE PAYMENT FOR COUNSELING SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4565 -- Reps. R. Smith, Mason, Sharpe and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-125 SO AS TO PROVIDE THAT THE TIME A MANAGER OF ELECTION SPENDS CONDUCTING AN ELECTION MUST BE CONSIDERED THE SAME AS JURY DUTY FOR PURPOSES OF LEAVE FROM THE MANAGER'S EMPLOYMENT.
Referred to Committee on Judiciary.
S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, ALCOHOL, AND ALCOHOLIC LIQUORS, SO AS TO MAKE CERTAIN TECHNICAL CHANGES.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cromer Dantzler Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 7.
Timothy C. Wilkes William Clyburn Charles R. Sharpe Leon Howard G. Ralph Davenport, Jr. William F. Cotty Kenneth Kennedy Scott H. Richardson Ralph W. Canty Michael F. Jaskwhich C. Alex Harvin III Jean L. Harris Jerry N. Govan, Jr. F.G. Delleney, Jr. Grady A. Brown Timothy F. Rogers James H. Harrison
LEAVES OF ABSENCE
The SPEAKER granted Rep. J. HARRIS a temporary leave of absence for the day.
The SPEAKER granted Rep. INABINETT a leave of absence for the day, due to destruction of his home by fire.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.
H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1088 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Rep. COBB-HUNTER explained the Joint Resolution.
H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
Rep. BOAN explained the Bill.
The following Bill was taken up.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
Reps. ROGERS, NEAL and LLOYD objected to the Bill.
Rep. CARNELL moved to adjourn debate upon the Bill until Tuesday, February 13.
Rep. CROMER moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, February 13, which was agreed to.
The following Bill was taken up.
H. 4433 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10532CM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been suspended or revoked for a continuous period of five or more years, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, then the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court shall consider each condition in this section and may issue an order reinstating the petitioner's privilege to drive. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) If the suspension occurred for a violation of a provision contained in Sections 56-1-745, 56-1-746, or 56-5-2930, or for the violation of another provision of this State, another state, or a foreign jurisdiction related to alcohol or drugs then:
(a) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;
(b) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(c) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(2) If the suspension occurred for a reason other than a violation contained in subsection (A)(1) then:
(a) the person must not have been convicted of a traffic or other violation during the previous five-year period; and
(b) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation."/
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3511CM.96), which was adopted.
Amend the report of the Judiciary Committee, as and if amended, Section 56-1-385, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) Before a person may have his driver's license reinstated under this section he must:
(1) pay a fifty dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article./
Reletter subsections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. SIMRILL objected to the Bill.
Rep. MARTIN continued speaking.
Rep. KIRSH spoke in favor of the amendment.
The amendment was then adopted.
Rep. MARTIN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.
Rep. HALLMAN explained the Bill.
Reps. CAVE, KENNEDY, LLOYD, HERDKLOTZ, McCRAW, PHILLIPS, HALLMAN, FELDER, RICHARDSON and KEYSERLING objected to the Bill.
On motion of Rep. RICE, with unanimous consent, the following Resolution was ordered recalled from the Committee on Education and Public Works.
H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 123 IN GREENVILLE COUNTY FROM WHITE HORSE ROAD TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.
On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry.
H. 3623 -- Reps. Richardson, S. Whipper, Herdklotz, Simrill, Cotty, Kennedy, Jaskwhich, Haskins, Canty, Moody-Lawrence, Stuart, J. Harris, Cave, Wells, Witherspoon, Riser, Hines, Fleming, Easterday, Littlejohn, L. Whipper and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3325 SO AS TO REQUIRE THAT A MINIMUM OF TWENTY-FIVE PERCENT OF THE GROSS PROCEEDS FROM THE SALE OF BINGO CARDS AND ENTRANCE FEES BE EXPENDED FOR CHARITABLE PURPOSES.
The following Bill was taken up.
H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.
Rep. McTEER moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Hallman Harris, P. Harrison Harvin Hines, J. Hines, M. Hodges Howard Jennings Kennedy Keyserling Kinon Knotts Koon Lee Lloyd Mason McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Quinn Rhoad Riser Rogers Scott Seithel Sharpe Shissias Smith, R. Spearman Stoddard Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright Young
Those who voted in the negative are:
Allison Askins Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fleming Fulmer Gamble Harrell Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Klauber Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin McKay Meacham Phillips Rice Richardson Robinson Sandifer Simrill Smith, D. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young-Brickell
So, the Bill was continued.
The following Concurrent Resolution was taken up.
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON PINEWOOD ROAD AT ITS INTERSECTION WITH McCRAY'S MILL ROAD IN SUMTER IN HONOR OF R. J. CHIC MATHIS HIGHWAY.
Whereas, R. J. Chic Mathis of Sumter served as a member of the South Carolina State Highways and Public Transportation Commission from 1983 to 1987. He was elected vice chairman of the commission in 1985 and chairman in 1986. On the commission, he represented District 3 (Clarendon, Lee, Sumter, and Williamsburg counties); and
Whereas, Mr. Mathis exemplified drive, determination, and leadership during his years as a commissioner and particularly during his year as chairman; and
Whereas, during his year as chairman, the department presented an economic development plan for highway expansion and improvement, known as SHIMS, and a group of forty-seven prominent business leaders formed an advocacy group for improving the state's transportation network and unveiled a campaign called "The Drive for Tomorrow". The General Assembly responded to these efforts by approving a two cents a gallon fuel tax increase effective in July, 1987 and an additional one cent effective January, 1989. Mr. Mathis' active leadership was instrumental to the success of these endeavors; and
Whereas, at the time he served on the commission, Chic Mathis was president of four businesses: Mathis Investment Co., Inc., Mathis Realty Co., Chicirene, Inc., and Central Distributing Co., Inc. Additionally, he was chairman of the Sumter Board of Directors of Citizens and Southern National Bank. He is a Mason, Shriner, a member of American Legion Post 15, and a charter member and past president of the Sumter-Palmetto Rotary Club; and
Whereas, the members of the General Assembly believe it will be a fitting honor and tribute to this outstanding man who has done so much for his community and State if the portion of Highway 76/378 described in this resolution in Sumter County were named for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to designate and name the portion of State Highway 76/378 from the Sumter County line to Highway 261 in the western part of Sumter County as the R. J. Chic Mathis Highway.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Mr. Mathis.
Rep. McELVEEN proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22278SD.96), which was adopted.
Amend the resolution, as and if amended, by striking all after the title and inserting:
/Whereas, R. J. "Chic" Mathis of Sumter served as a member of the South Carolina State Highways and Public Transportation Commission from 1983 to 1987. He was elected vice chairman of the commission in 1985 and chairman in 1986. On the commission, he represented District 3 (Clarendon, Lee, Sumter, and Williamsburg counties); and
Whereas, Mr. Mathis exemplified drive, determination, and leadership during his years as a commissioner and particularly during his year as chairman; and
Whereas, during his year as chairman, the department presented an economic development plan for highway expansion and improvement, known as SHIMS, and a group of forty-seven prominent business leaders formed an advocacy group for improving the state's transportation network and unveiled a campaign called "The Drive for Tomorrow". The General Assembly responded to these efforts by approving a two cents a gallon fuel tax increase effective in July, 1987 and an additional one cent effective January, 1989. Mr. Mathis' active leadership was instrumental to the success of these endeavors; and
Whereas, at the time he served on the commission, Chic Mathis was president of four businesses: Mathis Investment Co., Inc., Mathis Realty Co., Chicirene, Inc., and Central Distributing Co., Inc. Additionally, he was chairman of the Sumter Board of Directors of Citizens and Southern National Bank. He is a Mason, Shriner, a member of American Legion Post 15, and a charter member and past president of the Sumter-Palmetto Rotary Club; and
Whereas, the members of the General Assembly believe it will be a fitting honor and tribute to this outstanding man who has done so much for his community and State if the bridge on Pinewood Road at its intersection with McCray's Mill Road in Sumter were named for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to designate and name the bridge on Pinewood Road at its intersection with McCray's Mill Road in Sumter in honor of R. J. "Chic" Mathis.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Mr. Mathis./
Amend the resolution further, by amending the title to read:
/TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON PINEWOOD ROAD AT ITS INTERSECTION WITH McCRAY'S MILL ROAD IN SUMTER IN HONOR OF R. J. CHIC MATHIS HIGHWAY./
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3468DW.96), which was adopted.
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.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Clyburn Cotty Cromer Dantzler Davenport Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harrison Harvin Haskins Hines, J. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilkes Wilkins Williams Worley Wright Young Young-Brickell
Those who voted in the negative are:
Brown, T. Chamblee Cooper Harris, P. Kennedy Marchbanks Martin McAbee Rhoad Sharpe Trotter Tucker Wofford
So, the Bill, as amended, was read the second time and ordered to third reading.
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.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Easterday Felder Fleming Gamble Govan Hallman Harris, P. Harvin Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. SHARPE explained the Bill.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Brown, G. Brown, J. Carnell Cato Clyburn Cotty Cromer Dantzler Fulmer Gamble Hallman Harrell Harris, P. Harrison Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jennings Keegan Kelley Keyserling Kinon Knotts Koon Lanford Lee Limehouse Lloyd McAbee McCraw McKay McTeer Neilson Phillips Quinn Rhoad Richardson Riser Robinson Seithel Sharpe Shissias Smith, D. Smith, R. Stuart Tripp Tucker Vaughn White Wilkes Wilkins Witherspoon Worley Wright Young
Those who voted in the negative are:
Allison Brown, T. Cain Canty Davenport Easterday Fleming Harvin Haskins Jaskwhich Kennedy Kirsh Klauber Littlejohn Marchbanks Mason McElveen Meacham Moody-Lawrence Neal Rice Sandifer Simrill Spearman Stille Stoddard Thomas Trotter Waldrop Walker Wilder Williams Young-Brickell
So, the Bill was read the second time and ordered to third reading.
Rep. J. BROWN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4566 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR C. NORZ OF GREENVILLE COUNTY FOR HIS LEADERSHIP IN IMPROVING THE LIVES OF THE PEOPLE OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4567 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO RECOGNIZE THE TOWN OF PORT ROYAL FOR HOSTING THE 1996 PORT ROYAL GOLD CHALLENGE MISTRAL CLASS FOR WINDSURFING AND TO ENCOURAGE THE TOWN TO HAVE ATHLETIC EVENTS SIMILAR TO THE GOLD CHALLENGE IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4569 -- Reps. Gamble, Koon, Hallman, Lanford, Vaughn, Keegan, Boan, H. Brown and R. Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT IN THE SOUTH CAROLINA RETIREMENT SYSTEM FOR MATERNITY LEAVE, SO AS TO DELETE THE REQUIREMENT THAT TO BE ELIGIBLE TO ESTABLISH SUCH CREDIT AN EMPLOYEE MUST NOT BE ABSENT FROM WORK FOR A PERIOD GREATER THAN TWO YEARS FOR EACH PREGNANCY.
Referred to Committee on Ways and Means.
H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4571 -- Reps. Fleming, Sharpe, Bailey, Cain, Phillips, McCraw, Stoddard, Cooper, R. Smith and Sandifer: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
Referred to Committee on Ways and Means.
H. 4572 -- Reps. Fleming and Bailey: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX, BY ADDING ARTICLE 10 SO AS TO ENACT THE PROPERTY TAX RELIEF SALES TAX ACT WHICH IMPOSES AN ADDITIONAL FOUR PERCENT SALES TAX BEGINNING JULY 1, 1996, TO BE USED TO RETIRE BONDED INDEBTEDNESS AND LEASE-PURCHASE OBLIGATIONS AND FOR CERTAIN AD VALOREM PROPERTY TAX RELIEF; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES TAX ON ANY TRANSACTION, SO AS TO REVISE THIS MAXIMUM TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE CERTAIN EXEMPTIONS, REVISE OTHER EXEMPTIONS, AND ADD EXEMPTIONS INCLUDING AN EXEMPTION FOR FOOD PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS; AND TO REPEAL SECTIONS 11-11-330 AND 12-37-251 RELATING TO THE STATE PROPERTY TAX RELIEF FUND AND CHAPTER 10 OF TITLE 4 RELATING TO THE LOCAL OPTION SALES TAX.
Referred to Committee on Ways and Means.
H. 4573 -- Rep. Vaughn: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.
Referred to Committee on Ways and Means.
H. 4574 -- Reps. Wright, Cato, Stuart, Kirsh, Meacham, Richardson, Simrill, Riser and Robinson: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4575 -- Reps. Tucker, Shissias, Stuart, Allison, R. Smith, Robinson, Riser and Vaughn: A BILL TO AMEND SECTION 44-23-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EXAMINER'S REPORT CONCERNING A PERSON'S FITNESS TO STAND TRIAL, SO AS TO NOT PRECLUDE THE COURT FROM ORDERING AN EXAMINATION ON THE QUESTION OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.
Referred to Committee on Judiciary.
H. 4576 -- Reps. Tucker, Sharpe, Simrill, Shissias, Meacham, Limehouse, Stuart, Richardson, Vaughn, R. Smith, Robinson, Keyserling, Witherspoon, J. Young, Wells, Koon and Riser: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ENTERING A DWELLING WITHOUT CONSENT AND WITH INTENT TO COMMIT A CRIME AS DEFINED IN SECTION 16-11-312(A) IS A VIOLENT CRIME.
Referred to Committee on Judiciary.
H. 4577 -- Reps. Tucker, R. Smith, Shissias, Stuart, Robinson and J. Young: A BILL TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF A PERSON'S CAPACITY TO STAND TRIAL, SO AS TO PROVIDE THAT THE PROSECUTING OFFICER MAY DESIGNATE A THIRD EXAMINER TO BE INVOLVED IN CERTAIN EXAMINATIONS.
Referred to Committee on Judiciary.
H. 4578 -- Reps. McAbee and Carnell: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE PROVISION DENYING ACCESS TO THE CONTINGENCY REVOLVING FUND MAINTAINED BY THE STATE BUDGET AND CONTROL BOARD TO INSTITUTIONS OF HIGHER EDUCATION.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4579 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND LEVON KIRKLAND OF THE TOWN OF LAMAR IN DARLINGTON COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS A HIGH SCHOOL AND COLLEGE FOOTBALL PLAYER, ON BECOMING A PROFESSIONAL FOOTBALL PLAYER FOR THE NATIONAL FOOTBALL LEAGUE'S PITTSBURGH STEELERS, AND FOR HIS PERFORMANCE IN SUPER BOWL XXX.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
At 3:15 P.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Mrs. Teresa Gamble and her children, Kristina and Nicholas of Ware Shoals, to meet at 10:00 A.M. tomorrow.
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