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:
Eternal Father, we thank You for these daily moments of prayer when the veil is lifted and the barriers let down as we especially feel Your nearness. And we thank You as well for the hours of daily duties that lie ahead. May the time of prayer and the time of work be woven into an indistinguishable fabric. And as the welfare of many rests upon the shoulders of the few here, make all who serve here equal to their privileges. Keep us aware that beyond the appraisals of men every thought, word and deed falls under the searching eye of Almighty God.
So may we hear and heed Your Word: "Only fear the Lord and serve Him in truth with all your heart; consider what great things He has done for you." (I Samuel 12:24) 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. WILDER moved that when the House adjourns, it adjourn in memory of Beatrice A. Ferguson Hayes of Clinton, which was agreed to.
The following was received.
Columbia, S.C., March 19, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Fair and Boan of the Committee of Conference on the part of the Senate on H. 4471:
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Very respectfully,
President
Received as information.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
March 15, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
In January, the South Carolina Association of Municipal Power Systems extended an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, April 17, 1996. The location listed in the January letter is the Sterling Garden Center. Due to an anticipated growth in numbers, the event has been moved to the Swine Barn on the State Fairgrounds. We look forward to seeing House members there in 1996. (6:00 P.M. - 8:00 P.M.)
Thanks for your help. If you have any questions, please call Betsy McDonald at the Municipal Association of South Carolina (799-9574 ext. 1205).
Best wishes.
Sincerely,
Bob Calhoun
Greenwood CPW, President
August 9, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, their spouses, staff and attachés, an invitation to a reception on Tuesday, April 2, 1996, from 6:00 until 8:00 P.M. The reception will be held at the Capital City Club located in the AT&T Building in Columbia. Please call us if you have any questions.
Sincerely,
W.B. McCown, III
IBSC President
September 13, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Confirming Colette Murray Swann's telephone conversation with Jan Gerhart of this office, the House of Representatives has reserved Wednesday, April 17, 1996, for The Electric Cooperatives of South Carolina's "Co-op Day." All members and staff of the House are invited to attend.
Our "Co-op Day" luncheon is scheduled to be held at the Carolina Coliseum in Columbia beginning at 1:00 P.M.
We appreciate Colette's assistance in scheduling this event.
Sincerely,
Fred A. Cole
President and Chief Executive Officer
December 20, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
We respectfully request that you place on the House Calendar of Events the following to which all legislators will be invited:
Second Annual Legislative Breakfast, April 17, 1996, 8:00 - 9:00 A.M.
Sponsored by the Transportation Association of South Carolina-Clarion Townhouse Hotel
Thank you very much.
Sincerely,
Lynnda C. Bassham
Secretary
January 22, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
We would like to formally invite you, all members of the House of Representatives and their spouses as well as House staff members to attend the annual Governmental Affairs reception given by DuPont. The reception will be held at the Capital City Club from 6:00 until 8:00 P.M. on April 24, 1996. We anticipate favorable action from the Invitations Committee.
We look forward every year to this reception which is sponsored by the DuPont manufacturing sites in Berkeley, Florence and Kershaw Counties as well as the Conoco gas station outlets in the State. This year's reception will give us an opportunity to meet the governmental leaders of South Carolina.
We will also be inviting members of the Senate, all Constitutional Officers and selected Boards and Commissions that we work with on a routine basis. In addition, several trade associations to which we belong and our key customers in the State will be attending.
We look forward to seeing you and other members of the House of Representatives at the reception on April 24, 1996, at the Capital City Club. If you have any questions about the reception, please contact Ms. Jean Hopkins at the May Plant at 425-2212.
Sincerely,
John D. Strait Francine P. Cheeseman Murray D. Brockman
Site Manager Site Manager Site Manager
Camden Florence Cooper River
January 22, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Clemson University Division of Agriculture and Natural Resources will sponsor an appreciation social and catfish dinner from 6:00 to 8:30 P.M. on Wednesday, April 10, 1996, for all members of the South Carolina House of Representatives and their staff.
The event will be held at the Columbia Woman's Club, located at 1703 Blossom Street.
If you need further information, please call Louise Newell at 656-3642.
Sincerely,
Byron K. Webb, Interim Vice President
Agriculture, Natural Resources & Research
March 15, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Pursuant to our conversation of March 14, 1996, this is to follow up on the change of dates for the Legislative Reception to be hosted by the South Carolina Horsemen's Council. This reception had been scheduled for April 30, 1996, however, due to a major conflict, we are requesting that the date be changed to April 16, 1996. The reception will still be held at 300 Senate Street - Riverfront Building - from 6:00 P.M. until 8:00 P.M.
Thanking you in advance for your assistance with this matter and with kindest regards, I am
Yours very truly,
Mary Ellen T. Tobias
Equine Marketing Specialist
S.C. Department of Agriculture
March 19, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The American Diabetes Association, South Carolina Affiliate cordially invites the members of the House and your staff to a legislative reception on Tuesday, April 23rd at the Adam's Mark Hotel from the hours of 6:00 P.M. to 8:00 P.M.
I would appreciate your reserving the date on the House Calendar and notifying me upon confirmation of the date. Should you need additional information, please contact me at 803/799-4246 ext. 12.
Sincerely,
Leslie C. Cronin
Executive Vice President
American Diabetes Association
South Carolina Affiliate
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4608 -- Reps. Sharpe, Cobb-Hunter, Cave, Felder, Clyburn, Rhoad, Stuart, R. Smith, Spearman, McAbee and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4586 -- Rep. Kelley: 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.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4776 -- Reps. R. Smith and Mason: A CONCURRENT RESOLUTION CONGRATULATING ST. JOHN UNITED METHODIST CHURCH OF GRANITEVILLE ON ITS ONE HUNDRED FIFTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4777 -- Reps. J. Hines, Inabinett, Neilson, Breeland, Cave, Clyburn, Townsend, J. Brown, M. Hines, Lloyd, Byrd, Lee, Kinon and McTeer: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY YEARS TO TWENTY-FIVE YEARS THE CREDITED SERVICE REQUIRED FOR A MEMBER TO RETIRE AT ANY AGE WITHOUT A REDUCTION IN BENEFITS, TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ADJUST RETIREMENT CONTRIBUTIONS TO PAY THE ACTUARIAL COST OF THIS EARLY RETIREMENT; TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO ANOTHER EARLY RETIREMENT OPTION AND THE PURCHASE OF ADDITIONAL SERVICE CREDIT BY A MEMBER WITH AT LEAST TWENTY-FIVE YEARS CREDITED SERVICE, AND TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO SCHOOL TEACHERS' AND ADMINISTRATORS' MINIMUM SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP A MINIMUM SALARY SCHEDULE WHICH MUST INCLUDE MINIMUM SALARIES FOR TEACHERS WITH ZERO TO TWENTY-FIVE YEARS' EXPERIENCE AND PROVIDE THAT THIS SCHEDULE BE PHASED IN BASED ON A DETERMINATION MADE EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means.
H. 4778 -- Rep. Cain: A BILL TO AMEND SECTION 37-3-202, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH CONSUMER LOANS, SO AS TO PERMIT AN ORIGINATION FEE ON NONPURCHASE MONEY FIRST AND SECOND MORTGAGE REAL ESTATE LOANS.
Referred to Committee on Labor, Commerce and Industry.
H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4780 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4781 -- Rep. Bailey: A BILL TO AMEND CHAPTER 11, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Referred to Committee on Labor, Commerce and Industry.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
Referred to Committee on Labor, Commerce and Industry.
H. 4783 -- Rep. Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-120 SO AS TO PROVIDE THAT AN ANNUAL COMPLIANCE REVIEW OF A MORTGAGE LOAN BROKER SHALL NOT BE CONDUCTED UNLESS A LEGITIMATE, VERIFIABLE COMPLAINT IS FILED WITH THE DEPARTMENT OF CONSUMER AFFAIRS.
Referred to Committee on Labor, Commerce and Industry.
H. 4785 -- Rep. Wells: A BILL TO AMEND CHAPTER 69, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The Senate sent to the House the following:
S. 1259 -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. KOON, with unanimous consent, the following was taken up for immediate consideration:
H. 4784 -- Rep. Koon: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LEXINGTON HIGH SCHOOL WILDCATS BASKETBALL TEAM, COACH BAILEY HARRIS, AND THE COACHING STAFF ON TUESDAY, MARCH 26, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1996 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Lexington High School Wildcats Basketball Team, Coach Bailey Harris, and the coaching staff on Tuesday, March 26, 1996, at a time to be determined by the speaker, for the purpose of being recognized on winning the 1996 Class AAAA State Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 4786 -- Rep. Koon: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS ON THEIR WINNING THE 1996 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Breeland Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen 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 Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 20.
William Clyburn Timothy F. Rogers H.B. Limehouse III Leon Howard Grady A. Brown William D. Keyserling Ralph W. Canty Steve P. Lanford William D. Boan Larry L. Elliott William F. Cotty Alma W. Byrd G. Ralph Davenport, Jr. W. Jeffrey Young Bessie Moody-Lawrence Joseph T. McElveen, Jr. John G. Felder C. Alex Harvin III Theodore A. Brown Richard M. Quinn, Jr.
STATEMENT RE ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 19.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4754 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND DELETE A PROVISION CONCERNING THE ANNEXATION OF AREA TO THE CITY OF ANDERSON.
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Rep. NEILSON moved to adjourn debate upon the following Bill until Thursday, March 21, which was adopted.
H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.
Rep. LAW explained the Bill.
H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".
Rep. GAMBLE explained the Bill.
H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.
Rep. MARCHBANKS explained the Bill.
H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.
Rep. HARRELL explained the Bill.
S. 996 -- Senator J. Verne Smith: 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.
Rep. VAUGHN explained the Bill.
H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. NEAL explained the Joint Resolution.
H. 4755 -- Labor, Commerce and Industry Committee: 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.
Rep. LAW explained the Bill.
The following Bill was taken up.
S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\5688AC.96), which was adopted.
Amend the bill, as and if amended, Section 40-15-190(B)(2), on page 3, by deleting lines 28-30 and inserting:
/(2) obtain records specifically relating to the mental or physical condition of a licensee, registrant, or applicant that is the subject of an investigation authorized by item (1), and these records are admissible in a hearing/
so when amended Section 40-15-190(B)(2) reads:
"(2) obtain records specifically relating to the mental or physical condition of a licensee, registrant, or applicant that is the subject of an investigation authorized by item (1), and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing dentistry or dental hygiene or performing dental technological work in this State or files an application to practice dentistry or dental hygiene or to perform dental technological work in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee, registrant, or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license or registration pending compliance and further order of the board. A licensee, registrant, or applicant who is prohibited from practicing dentistry or dental hygiene or performing dental technological work under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of dentistry or dental hygiene or performing dental technological work with reasonable skill and safety to patients."
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3194 -- Rep. Hodges: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINE OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.
Reps. SIMRILL, HASKINS, ROBINSON, LOFTIS, MARCHBANKS, TROTTER, MASON and SANDIFER objected to the Bill.
The following Bill was taken up.
S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5305HTC.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 4-20-70 of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"Section 4-20-70. A community recreation special tax district may be abolished or its boundaries decreased in the same manner as provided in this chapter for its creation. County council may by ordinance increase the boundaries of a community recreation special tax district upon filing with the county council of a petition so requesting signed by at least fifteen percent of the qualified electors residing in the area proposed to be added to the district. The proposed increased area must be contiguous to the existing boundaries of the current community recreation special tax district. No such increase or decrease of boundaries of a district which after the increase or decrease will include any area within an incorporated municipality shall be effective unless the municipal governing body has by formal action concurred in the increase or decrease and provided written notice of its concurrence to the county council. Notwithstanding any provision of law to the contrary, if county council determines to provide for a countywide recreation program to be financed by a countywide tax or user service charge, or both, then county council by ordinance and with the consent of the governing body of each municipality in the county may abolish a community recreation special tax district."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. KELLEY proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5698HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 4-20-60 of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"Section 4-20-60. Before the issuance of any general obligation bonds or any revenue bonds and the levy of a tax or service charge to retire the bonds at rates different from those levied in the remainder of the county, the county council shall first approve the issuance of the general obligation bonds or the revenue bonds and the levy of the tax or service charge to retire the bonds. The levy of a tax or service charge for general obligation bonds or revenue bonds is subject to the limitation imposed by referendum on the maximum level of taxes or user service charges authorized to be levied and collected for the district.
With the approval of the governing body of the county, the district may pledge collateral and borrow by means other than bonds for the same purposes for which bonds may be issued and subject to the same limitations on repayment."/
Renumber sections to conform.
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. CANTY a leave of absence.
The following Bill was taken up.
H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22476SD.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 41-1-65. (A) As used in this section:
(1) 'Employer' means any person, partnership, for-profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. 'Agent' as used herein is defined as the employer or the employer's designee.
(2) 'Employee' means any person employed by an employer.
(3) 'Evaluations' means written employee evaluations which were conducted by the employer and signed by the employee before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.
(4) 'Former employee' means an individual who, at any time in the past, was employed by an employer.
(5) 'Job performance' includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.
(6) 'Prospective employer' means any employer, as defined in this section, to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.
(7) 'Prospective employee' means any person who has made an application either oral or written or has sent a resume or other correspondence to a 'prospective employer' indicating an interest in employment.
(B) Unless otherwise provided by law, an employer shall have absolute immunity from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.
(C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee may have access:
(1) written employee evaluations;
(2) official personnel notices that formally record the reasons for separation;
(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and
(4) information about job performance as defined in subsection (A)(5).
(D) The protection and immunity provided by this section shall not apply where an employer knowingly or recklessly releases or discloses false information."
SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action accruing on or after the effective date of this act./
SECTION 3. This act takes effect upon approval by the Governor./ Renumber sections to conform.
Amend totals and title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Hines, J. Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Young-Brickell
Those who voted in the negative are:
Hines, M. Lee Martin Scott Whipper, S.
So, the Bill, as amended, was read the second time and ordered to third reading.
I was several minutes late to the Session today due to a prior commitment representing a client in court.
Had I been present, I would have voted for the passage of H. 4387 to grant employees immunity on the release of employee information to prospective employers.
I was one of the primary advocates for this Bill in the Judiciary Committee.
Rep. WILLIAM F. COTTY
I was away from my desk on other business when H. 4387 was considered. Please record that I would have voted for the Bill.
Rep. JOSEPH T. McELVEEN, JR.
I missed the roll call vote on H. 4387 because I was in a Senate Judiciary Subcommittee meeting on H. 3730 of which I am the author. I am a co-sponsor on H. 4387 and would have voted Aye if I had been present.
Rep. W. JEFFREY YOUNG
The following Bill was taken up.
H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22466SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Items (2), (3), (7), and (9) of Section 9A, Act 518 of 1980, as amended by Section 2, Act 545 of 1986, are further amended to read:
"(2) The term 'Athletic Facilities' means all facilities designated revenue producing by the University as Athletic Facilities now owned or hereafter acquired by the University for the use of which an admission fee is charged and the revenues from which are pledged to the system of facilities established by this act.
(3) The term 'Bond Reserve Fund' means the special fund to be which may be established by the trustees pursuant to this act, which must be in the custody of the State Treasurer and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds issued pursuant to this act in the event that payments otherwise required for the Debt Service Fund are insufficient to meet the payment of the principal and interest as and when they become due and payable. Monies in the Bond Reserve Fund may also may be used to pay costs of Athletic Facilities in accordance with the provisions of subsections N and P of this section.
(7) The terms 'Improvements' means:
(i) the enlargement of and improvements to Carolina Stadium including all necessary equipment paid for with the proceeds of bonds or with excess funds in the Bond Reserve Fund; and or
(ii) improvements to any other Athletic Facilities; or
(iii) the acquisition, construction, reconstruction, renovation, or equipping of any other Athletic Facility.
(9) The term 'State Board' means the South Carolina Budget and Control Board. Reserved."
SECTION 2. Section 9C of Act 518 of 1980, as last amended by Section 2, Act 545 of 1986, is further amended to read:
"C. May Issue Bonds.
Subject to obtaining the approval of the State Board expressed by resolution duty adopted, the Trustees are authorized to issue from time to time not exceeding twenty million dollars of Bonds for the purpose of acquiring, constructing, reconstructing, renovating, or equipping Athletic Facilities. In the event If the Trustees, in authorizing the issuance of Bonds pursuant to this section, prescribe by resolution that there must be on deposit in the Bond Reserve Fund certain sums at the time of the delivery of the Bonds, the Trustees are empowered to utilize a portion of the proceeds of any series of Bonds issued pursuant to this section in order to meet the requirement."
SECTION 3. The penultimate paragraph of Section 9N of Act 518 of 1980, as last amended by Section 4, Act 545 of 1986, is further amended to read:
"Whenever the Bond Reserve Fund, if any, exceeds the reserve required for Bonds then outstanding the Trustees are empowered with the approval of the State Board to withdraw the excess and apply it to other Athletic Facilities or improvements or for any other corporate purpose of the University."
SECTION 4. Subsection P(1) of Section 9 of Act 518 of 1980 is amended to read:
"(1) (a) To use proceeds of the Bonds to acquire, construct, reconstruct, or renovate Athletic Facilities, to pay the cost of issuance of the Bonds, to pay the cost of bond insurance and other credit enhancement and defray the cost of interest accruing on the bonds for such time as determined by the Trustees.
(b) To covenant and agree throughout the life of the Bonds, that the Admission Fee and the Special Student Fee shall must be imposed, maintained, and revised when necessary, in such amount, without limitation as to rate, as shall be is sufficient to meet the payment of the principal of and interest on the Bonds as they become due, and to create the reserve, if any, required by such resolutions for outstanding Bonds in the Bond Reserve Fund. The Bond Reserve Fund shall, except as hereinafter provided, must be used only to meet the payment of the principal of and interest on the Bonds when moneys monies in the Debt Service Fund shall be is insufficient therefor, and shall must be maintained in such a manner as to insure it ensure it's availability for such purposes. Whenever the Debt Service Fund shall equal all payments of principal and interest due and to become due in the then current fiscal year, and the Bond Reserve Fund, if any, shall exceed the reserve prescribed for bonds then outstanding, the State Treasurer may with the approval of the Trustees and the State Board may apply such excess to the defeasance of Bonds then outstanding in the manner prescribed by Section T hereof in this section."
SECTION 5. Subsection P(10) of Section 9 of Act 518 of 1980, as last amended by Section 5, Act 545 of 1986, is further amended to read:
"(10) To operate and maintain all Athletic Facilities in good repair and to covenant that all varsity football games of the University which are 'home' games, be played at Carolina Stadium."
SECTION 6. Subsections G, I, L, N(2), and O of Section 9, Act 518 of 1980 are amended to read:
"G. The Bonds shall must be issued as serial or term bonds at such prices, maturing in equal or unequal amounts at such times and on such occasions and shall must be in such denominations as the Trustees shall determine; provided always that the last maturing Bonds of any issue shall be expressed to mature not later than twenty-five years from their date, and the first maturing Bonds of any issue, shall fall due not later than three years from their date. They shall bear such rate or rates of interest, payable on such occasions as the trustees shall prescribe, and shall be are payable in such medium of payment, and at such place or places as such resolutions shall prescribe. Any Bonds may be issued with provisions permitting their redemption prior to before their stated maturity at such time and under such conditions as the Trustees shall prescribe. Bonds made subject to redemption prior to before their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right or redemption, in such amount as the Trustees shall prescribe. All Bonds that are subject to redemption shall contain a statement to that effect on the face of each Bond. Any resolution authorizing redeemable Bonds shall contain provisions, specifying the manner of call for redemption and the notice thereof that must be given.
I. The Bonds and all interest to become due thereon on them shall have the tax-exempt status prescribed by Section 12-1-60 of the Code of Laws of South Carolina, 1976 are exempt from all state, county, municipal, and school taxes, and franchise and license fees.
L. All Bonds shall must be disposed of in such manner as the Trustees shall determine, except that no sale privately negotiated without public advertisement, shall be made unless the approval of the State Board shall be obtained. If the Trustees shall elect to sell the Bonds at public sale, at least one advertisement thereof of the sale shall appear in a financial paper published in the City of New York, State of New York, or in a newspaper of general circulation in South Carolina not less than seven days prior to before the occasion fixed for the opening of bids.
N. (2) The Trustees shall immediately may establish the Bond Reserve Fund. At the time of the issuance of any Bonds pursuant to this section, the Trustees shall may prescribe by resolution the required sums which shall must be deposited and maintained in the Bond Reserve Fund.
O. The Trustees shall be are empowered to deposit, in either the Debt Service Fund, or in the Bond Reserve Fund, prior to before the issuance of any Bonds, moneys monies, derived from other sources, including funds raised by the Athletic Department of the University. The Trustees further are empowered to deposit in either the Debt Service Fund or Bond Reserve Fund, at any time proceeds from the sale of any athletic revenue bonds and any other athletic funds available to the University. They shall also be are empowered throughout the life of the Bonds to make payments from such other sources to the Debt Service Fund or into the Bond Reserve Fund. In calculating the amount or rate of the Admission Fee and Special Student Fee for any year, the Trustees may take into account moneys monies then actually paid into the Debt Service Fund from such other sources which are then available to meet the payment of the principal of and interest on the Bonds for such fiscal year."
SECTION 7. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4550 -- Rep. Boan: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLE 5 ENACTING THE UNIVERSITY OF SOUTH CAROLINA REVENUE BOND ACT AUTHORIZING THE UNIVERSITY TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22467SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-147-10. This chapter may be cited as the Higher Education Revenue Bond Act.
Section 59-147-20. As used in this chapter:
(1) 'board' means the board of trustees of the university;
(2) 'equipment' means items with a useful life of at least fifteen years;
(3) 'facilities' means the real and personal property and equipment specified in Section 59-147-20(2) of this chapter whether or not the acquisition or construction thereof is financed from the proceeds of bonds issued pursuant to this chapter;
(4) 'revenues' means the revenues derived or to be derived from the operation, sale, lease, or other disposition of the facilities; and
(5) 'university' means all research and four-year public institutions of higher education.
Section 59-147-30. Subject to the approval of the State Budget and Control Board by resolution duly adopted, the university may issue revenue bonds of the university for the purpose of financing or refinancing in whole or in part the cost of acquisition, construction, reconstruction, renovation and improvement of land, buildings, and other improvements to real property and equipment for the purpose of providing facilities serving the needs of the university including, but not limited to, dormitories, apartment buildings, dwelling houses, bookstore and other university operated stores, laundry, dining halls, cafeterias, parking facilities, student recreational, entertainment and fitness related facilities, inns, conference and other nondegree educational facilities and similar auxiliary facilities of the university and any other facilities which are auxiliary to any of the foregoing excluding, however, athletic department projects which primarily serve varsity athletic teams of the university.
Section 59-147-40. Revenue bonds issued under this chapter must be authorized by a resolution or resolutions of the board of the university. The resolution of the university may, in the discretion of the board, contain provisions, which shall constitute a part of the contract between the university and the several holders of the bonds, as to any of the following:
(1) the custody, security, use, expenditure, or application of the proceeds of the bonds including, without limitation, the use of bond proceeds to pay the cost of acquisition, construction, reconstruction or renovation of facilities, expenses of issuance of the bonds, interest on the bonds for such period of time as the board may determine and the cost of bond insurance or other credit enhancement and to fund reserves established with respect to the bonds;
(2) the acquisition, renovation, construction, reconstruction, or completion of the facilities for which the bonds are issued;
(3) the use, regulation, operation, maintenance, insurance, or disposition of the facilities the revenues from which are pledged to secure payments with respect to the bonds or restrictions on the exercise of the powers of the board to dispose of or to limit or regulate the use of such facilities;
(4) the payment of the principal of, redemption premium, if any, or interest on the bonds and the sources and the methods of the payment, the rank or priority of the bonds as to any lien or security or the acceleration of the maturity of the bonds;
(5) the use and disposition of the revenues including, without limitation, the pledging, setting aside, or depositing with a trustee all or part of the revenues to secure the payment of the principal of, redemption premium, if any, and interest on the bonds and the payment of expenses of operation and maintenance of the facilities;
(6) the setting aside out of bond proceeds, the revenues or other available funds of reserves or sinking funds and the source, custody, security, regulation, and disposition of them;
(7) the determination of the revenues, subject to the provisions of Section 59-147-110 or other available funds to be pledged as security for payments with respect to the bonds and for the expenses of operation and maintenance of the facilities;
(8) the fixing, establishment, collection, and enforcement of the rentals, fees, or other charges from students, faculty members, and others using or being served by, or having the right to use or be served by, the facilities the revenues from which are pledged to secure payments with respect to the bonds and the disposition and application of the revenues so charged and collected;
(9) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;
(10) rules to ensure the use of the facilities by students or members of the faculty of the university to the maximum extent to which the building or equipment is capable of serving the students or faculty members;
(11) the procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of the bonds may be amended or abrogated, the amount of bonds to which the holders of which must consent, and the manner in which the consent may be given or evidenced; and
(12) any other matter or course of conduct which, by recital in the resolution or resolutions authorizing or providing for the bonds, is declared to further secure the payment of the principal of or the interest on the bonds or to further the purposes for which the facilities are being acquired, constructed, reconstructed, renovated, or equipped and the bonds being issued.
Section 59-147-50. Revenue bonds may be issued in one or more series at such prices, may bear such date or dates, may mature at such time or times, not exceeding forty years from their respective date, may bear interest at such fixed or variable rate or rates, may be payable in such medium of payment and at such place or places, may be in such denomination or denominations, may be in such form, either coupon or registered and either certified or uncertificated, may carry such registration privileges, may be subject to such terms of redemption before maturity, with or without premium, and may contain such terms, covenants, and conditions as the resolution authorizing the issuance of the bonds may provide. Except as otherwise specified in the authorizing resolution, the bonds shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code.
Section 59-147-60. The bonds shall be exempt from all state, county, municipal, and school taxes and franchise and license fees.
Section 59-147-70. The bonds must be signed in the corporate name of the university by the manual or facsimile signature of the acting chairman of the board of the university, under the corporate seal of the university attested by the manual or facsimile signature of the acting secretary of the board. Any interest coupons attached to the bonds must be signed by the facsimile signatures of these officers. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the coupons have ceased to hold office at the time of the issue or at the time of the delivery of the bonds to the purchaser.
Section 59-147-80. The bonds must be sold at public or private sale upon such terms and conditions as the board of the university considers advisable.
Section 59-147-90. The board or its proper administrative officers shall file with the State Treasurer within thirty days from the date of their issuance a complete description of all obligations entered into by the board, with the rates of interest, maturity dates, annual payments, and all pertinent data.
Section 59-147-100. All provisions of a resolution authorizing or providing for the issuance of the bonds in accordance with Section 59-147-40 and of the covenants and agreements constitute valid and legally binding contracts between the university and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by the holder or holders by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.
Section 59-147-110. The bonds must be made payable solely from all or such portion of the revenues as the university in its discretion may designate pursuant to the authorizing resolution and also from any other available funds of the university designated by the university pursuant to the authorizing resolution except funds of the university derived from appropriations received from the General Assembly and any tuition funds pledged to the repayment of state institution bonds. The use of academic fees must be approved by the university's board. The bonds are not general obligations of the State. Neither the members of the board nor any person signing the bonds shall be personally liable for the bonds. No bonds may be issued pursuant to this chapter unless an identified source or sources of revenue are designated for the repayment of the bonds.
Section 59-147-120. This chapter may not be construed as allowing any research or four-year public institution of higher education to issue any revenue bonds of a type not otherwise allowed by law for the particular institution as of June 30, 1996."
SECTION 2. This section takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4553 -- Reps. Koon and McKay: A BILL TO AMEND SECTION 12-43-232, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS FOR REAL PROPERTY TO RECEIVE THE AGRICULTURAL USE CLASSIFICATION FOR PROPERTY TAX VALUATION PURPOSES, SO AS TO EXTEND THE "GRANDFATHER" PROVISIONS ALLOWED CROPLAND TO TIMBERLAND.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5701HTC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-43-232(3)(e) of the 1976 Code, as added by Act 406 of 1994, is amended to read:
"(e) A nontimberland tract that does not meet the acreage or income requirements of this section to be classified as agricultural real property must nevertheless be classified as agricultural real property if the current owner or an immediate family member of the current owner has owned the property for at least the ten years ending January 1, 1994 1996, and the property is was classified as agricultural real property for property tax year 1994.
The property must continue to be classified as agricultural real property until the property is applied to some other use or until the property is transferred to other than an immediate family member, whichever occurs first. For purposes of this subitem, 'immediate family' is a person related to the current owner within the third degree of consanguinity or affinity and a trust all of whose noncontingent beneficiaries are related to the grantor of the trust within the third degree of consanguinity or affinity."
SECTION 2. Upon approval by the Governor, this act is effective for property tax years beginning after 1995./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. CAVE proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5706HTC.96), which was adopted.
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/SECTION ___. A. The deadline for filing the application to obtain agricultural use valuation pursuant to Section 6 of Act 406 of 1994 and Section 12-43-220(d) of the 1976 Code for property tax year 1995 is extended through September 1, 1996.
B. Notwithstanding any other effective date provided for this act, this section takes effect upon approval of the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CAVE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4763 -- Reps. Haskins and Harrell: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.
Rep. HASKINS explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Rep. SHEHEEN moved to recommit the Bill to the Committee on Ways and Means.
Rep. HARRISON moved to table the motion to recommit.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harrison Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McKay Meacham Phillips Rice Richardson Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Stille Stoddard Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the motion to recommit was tabled.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Wednesday, March 27, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
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 amendments to the following Bill were taken up for consideration.
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. ROBINSON moved to recall H. 4323 from the Education and Public Works Committee.
H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
As a first substitute Rep. WALKER moved to dispense with the balance of the Motion Period.
As a second substitute Rep. SCOTT moved to recall H. 3021 from the Judiciary Committee.
Rep. TRIPP moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Brown, H. Cain Carnell Cato Cooper Davenport Delleney Easterday Harris, J. Harrison Haskins Herdklotz Hines, M. Kirsh Klauber Koon Limbaugh Loftis Marchbanks McKay McMahand Meacham Moody-Lawrence Neal Neilson Rice Robinson Sandifer Sharpe Simrill Stille Townsend Tripp Trotter Vaughn Waldrop Wells Wilkins Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Elliott Gamble Govan Hallman Harrell Hines, J. Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Lee Limehouse Littlejohn Lloyd Martin Mason McAbee McCraw Phillips Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Whatley Whipper, S. White Wilder Wilkes Williams Wofford Worley Wright Young-Brickell
So, the House refused to table the motion to recall H. 3021.
The question then recurred to the motion to recall H. 3021 from the Judiciary Committee, which was agreed to.
Rep. WALKER moved to dispense with the balance of the Motion Period, which was agreed to.
The SPEAKER granted Rep. WRIGHT a leave of absence for the remainder of the day.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 27, which was adopted.
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.
The following Bill was taken up.
H. 4050 -- Reps. Govan, Neal, Howard, Moody-Lawrence and Spearman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Rep. TRIPP raised the Point of Order that the Bill was out of order as it appropriated revenue and should have been referred to the Ways and Means Committee in accordance with Rule 5.1. He further stated that Article 3, Section B, on Page 2 of the Bill dealt with the hiring of a full time coordinator and clerical staff and that it involved additional operating expenses under the Department of Health and Environmental Control.
Rep. GOVAN argued contra the Point in stating that it merely directed the Department of Health and Environmental Control.
Rep. TRIPP continued to argue that it required additional operating expenses.
The SPEAKER stated, citing Rule 4.4, that there was precedent concerning Rule 4.4 from 1992 where then Speaker Sheheen sustained a Point of Order similar to this and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
The following Bill was taken up.
H. 3029 -- Reps. Vaughn, Cato, Davenport, Bailey, McKay, and Simrill: A BILL TO AMEND SECTIONS 4-10-10 AND 4-10-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND USE OF REVENUE FOR PURPOSES OF THE LOCAL SALES AND USE TAX, SO AS TO DELETE THE DEFINITION OF "MINIMUM DISTRIBUTION" AND PROVIDE THAT THE REVENUES OF THE COUNTY/MUNICIPAL REVENUE FUND MUST BE USED TO PROVIDE PROPERTY TAX CREDITS IN THE FIRST YEAR OF IMPLEMENTATION AND THEREAFTER MAY BY ORDINANCE BE USED FOR OTHER PURPOSES SUBJECT TO A PERCENTAGE LIMIT; AND TO REPEAL SECTION 4-10-60 RELATING TO REDISTRIBUTION OF LOCAL SALES AND USE TAX REVENUES AMONG COUNTIES AND TO PROVIDE TRANSITION PROVISIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5697HTC.96).
Amend the bill, as and if amended, by striking SECTIONS 3 and 4 and inserting:
/SECTION 3. Section 4-10-60 of the 1976 Code is repealed.
SECTION 4. This act takes effect July 1, 1996./
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. SHEHEEN moved to table the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Brown, G. Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Elliott Govan Harris, J. Hines, J. Hines, M. Hodges Inabinett Jennings Kennedy Kinon Kirsh Lee Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Waldrop White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Breeland Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limehouse Littlejohn Loftis Marchbanks Martin Mason McKay Meacham Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wofford Worley Young-Brickell
So, the House refused to table the Bill.
Reps. SPEARMAN, LITTLEJOHN and COBB-HUNTER spoke against the amendment.
Rep. SPEARMAN moved to continue the Bill.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Boan Brown, G. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Elliott Fleming Govan Harris, J. Harris, P. Herdklotz Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Lanford Lee Littlejohn Lloyd Mason McAbee McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Waldrop Whipper, L. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cotty Dantzler Easterday Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Keyserling Klauber Knotts Koon Limbaugh Limehouse Loftis Marchbanks McKay Meacham Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Worley Young Young-Brickell
So, the Bill was continued.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1912
Promulgated By Department of Labor, Licensing and Regulation, Board of Professional Engineers and Land Surveyors
Continuing Professional Development for License Renewal
Received By Speaker March 19, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Period Expiration Date July 17, 1996
(subject to sine die revision)
Rep. KOON, from the Lexington Delegation, submitted a favorable report, on:
H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4787 -- Reps. Seithel, Whatley, Dantzler, Limehouse, Harrell, L. Whipper, Breeland, Inabinett, Hallman, Fulmer, Hutson and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. THOMAS R. JOHNSON, SR., VETERANS AFFAIRS OFFICER FOR CHARLESTON COUNTY, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND FOR THE MANY OTHER CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST THIRTY YEARS.
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. 4788 -- Reps. Tripp and Cato: A BILL TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.
Referred to Committee on Judiciary.
The motion period was dispensed with on motion of Rep. D. SMITH.
The SPEAKER granted Rep. SHEHEEN a leave of absence.
The following Bill was taken up.
H. 3194 -- Rep. Hodges: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINE OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2251DW.96).
Amend the bill, as and if amended, SECTION 4, page 8, line 21, by inserting after /election/ / and a place to request an absentee runoff ballot, if necessary /.
When amended, SECTION 4 shall read:
/SECTION 4. Section 7-15-340 of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:
"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such the election officials must be in the following form; except that persons listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.
APPLICATION FOR ABSENTEE BALLOT TO THE BOARD OF VOTER REGISTRATION: ________ COUNTY
I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ____ day of ________ 19__.
(If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: _)
(If a ballot is requested for a primary election, print your political party preference in this space ________.)
I am a qualified elector and am registered to vote in the ________ precinct and ________ State House of Representatives District (if known). My registration certificate number is ________.
My full name is ________________.
Please Print
I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:
(CHECK APPROPRIATE BOX)
_ 1. Students, their spouses, and dependents residing with them. (The term 'students' shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).
_ 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.
_ 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.
_ 4. Employment. (The term 'employment' means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).
_ 5. Physically disabled person. (The term 'physically disabled person' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).
_ 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.
_ 7. Death in family, or attending funeral within a three-day period of election.
_ 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).
_ 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day. (Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).
_ 10. Overseas citizens.
_ 11. Persons attending sick or physically disabled persons.
_ 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.
_ 13. Persons who will be serving as jurors in a state or federal court on election day.
_ 14. Persons seventy-two years of age or older.
_ 15. Persons confined to a jail or pre-trial facility pending disposition of arrest or trial.
My home address in South Carolina as shown on my registration certificate is:
_____________________________________
_____________________________________
My absentee mailing address (address to which absentee ballot should be mailed) is:
_____________________________________
_____________________________________
_____________________________________
Signature
_________________________________________
Social Security or Identification Number. on a form prescribed and provided by the executive director and shall contain the following information: name, social security number or identification number, residence address, absentee mailing address if different, telephone number of the applicant, voter registration number, precinct registered in. The form must provide a place to indicate political party preference if the ballot requested is for a primary election and a place to request an absentee runoff ballot, if necessary. Additionally, the applicant must take the following oath:
I hereby swear or affirm, UNDER PENALTY OF LAW, that I am qualified to vote in this election according to the Constitution of the State of South Carolina. I further swear or affirm that I have not voted during this election and that the above information supplied by me is true and correct in all aspects.
_________________________________
Signature
19 .
Date" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. KIRSH moved to continue the Bill.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Brown, G. Brown, H. Cain Cato Dantzler Davenport Delleney Felder Fleming Fulmer Gamble Harrell Harris, J. Haskins Herdklotz Keegan Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Loftis Marchbanks Mason McCraw McKay Meacham Phillips Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young Young-Brickell
Those who voted in the negative are:
Anderson Boan Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Elliott Harris, P. Harrison Hines, M. Hodges Howard Inabinett Jaskwhich Keyserling Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rogers Scott Shissias Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the Bill was continued.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committee:
H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.
Without reference.
H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE 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.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The House stood at ease until the Joint Assembly.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
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.
The Honorable Daniel A. Ludwig and distinguished party were escorted to the rostrum by Senators Patterson, Drummond, Peeler and Hayes and Representatives J. HINES, HUTSON, KNOTTS and RHOAD.
The Lt. Governor recognized our special guests here today and then introduced Mr. Daniel A. Ludwig, the National Commander of the American Legion, who addressed the Joint Assembly as follows:
"Thank you, Lieutenant Governor Peeler, Mr. Speaker Wilkins, distinguished members of the South Carolina Legislature... and Ladies and Gentlemen. It's a great honor for me to speak to this distinguished body today. As National Commander of The American Legion, I can honestly tell you we are very grateful for the regard which you have for our organization. We are equally grateful for your annual invitation to appear before you and bring you up to date on some of our current concerns. Before I talk about those concerns, I'd like to recognize some individuals and groups who have come with me, or who are present today. I expect that you already know most of them. First, please greet the National President of the nation's largest patriotic women's organization, The American Legion Auxiliary, Mrs. Syble Deshotel of Lake Charles, Louisiana. Also, the Auxiliary president of South Carolina, Virginia Lown, of Columbia. You are most gracious in inviting another patriotic women's organization on this occasion each year the American Gold Star Mothers. We are all honored by the presence of these dedicated women each of whom lost a son or daughter during military service. These most patriotic ladies carry on the memory of that service by their own service and acts of patriotism every day. Please join me in honoring them. There is another member of The American Legion Auxiliary present who is very active on the national level as well as here in South Carolina. She happens to be one of your own colleagues, your fellow State Representative Molly Spearman of Saluda. The next person I would like to introduce really needs to no introduction to this body for he has ably represented The American Legion in South Carolina and nationally for many years. Of course, I am talking about Mr. E. Roy Stone, Jr. of Greenville, a Past National Commander of The American Legion, a true veterans advocate and one of South Carolina's most distinguished and dedicated citizens! With me today are several other state officials and Legionnaires you know, The Commander of the South Carolina American Legion James B. Coleman, of Columbia, the State Adjutant, B.L. Black, and you all know Gene 'Stoney' Wages, your State Director of Veterans Affairs and of course, Robert E. 'Jack' David, Director of the State Employment Security Division, and also a past National Vice-Commander of The American Legion. Most of you know that veterans and especially The American Legion are involved in their communities, and concerned about many things. First and foremost, we are concerned about veterans and their well-being. We are concerned about veterans' families especially about the children and youth of this country. And, we are also concerned about our nation, its state of national defense preparedness and its state of domestic tranquillity. By that I mean how we live, how we feel about each other, how we get along and where we are headed as a society. I would like to spend a few minutes this morning to talk about some of these things and try to describe how The American Legion's presence and efforts of the past 77 years and for the next many years affect not just you and I but all Americans and all citizens of this great state of South Carolina. The American Legion was founded back in 1919 with one main purpose, to make sure veterans who served their country and fought a war 'to end all wars' would be taken care of especially those who were wounded or gassed. The Legion was instrumental in the creation of the Veterans Bureau, later the Veterans Administration. Now, it is called the Department of Veterans Affairs. We lobbied for its elevation to Cabinet status. And we have continually fought to make sure the Congress appropriates enough money for it to operate so that the Federal government can take care of veterans properly as it is obliged to do. Sadly, the VA has been under-funded for too many years in a row. And a maze of complicated, bureaucratic rules which put veterans into categories of eligibility have had the result that many veterans have been unable to get the care they need and deserve. Perhaps you have read and seen news stories recently that the cost of VA medical care keeps going up, and the VA keeps building new hospitals while the number of veterans in this country is going down. The news stories emphasized that angle but barely mentioned that the number of veterans actually needing care, the older and sicker veterans, is going up! There are about 26-million veterans in the United States. Approximately 380-thousand of those veterans are living in the Palmetto State today. In recent years, the number has been increasing as veterans in other states tend to retire and move to the Sun Belt. Veterans are a big part of South Carolina's population and way of life. About 25-thousand of them belong to The American Legion in more than 200 posts in cities and towns all over the State. The federal government spends over 500-million dollars a year in South Carolina for its veterans. That covers health care for South Carolina's veterans, their compensation and pensions, and facilities and staff at the VA hospitals in Charleston and Columbia, and the VA out-patient clinic in Greenville. By the way, 'Stoney' Wages tells me that his County Veterans Service Officers processed claims last year that resulted in about 5-million new dollars in compensation and pension payments for South Carolina veterans. I believe 'Stoney' and his county officers are doing a 'bang-up' job for veterans here in the Palmetto State! Federal dollars coming in here also include wages for the 32-hundred people the VA employs in this State. Of course, you folks pay for some of that half-billion dollar annual expenditure through your Federal taxes. But consider the payback! Those tax dollars come back into the state's economy in the form of veterans benefits and services. A large part of that half-billion dollars goes into the local economy for housing, food, clothing, and automobiles. Veterans are a pretty wise investment and South Carolina can stand proud as one of the foremost states when it comes to taking care of its veterans. Did you know that about 30 percent of the veterans now living in South Carolina, roughly 115-thousand of them are 65 years of age or older? I congratulate South Carolina, the Governor and his predecessors, and this body for the many years of attention you have given to the needs of veterans in this State, and the facilities you have provided for their care. You have had the foresight to acknowledge that growing number of aging veterans and establish Federal-State nursing homes to care for them. Let me thank you for that. But allow me to get back to the subject of national health care for veterans. I told you that the VA has problems getting enough money appropriated each year to run an adequate health care system. The system is bound by too many old and restrictive regulations. Does that surprise any of you when we discuss the federal bureaucracy? The American Legion believes it is time in fact long overdue to reform the nation's veterans health care system. The Legion has proposed a new plan to change the entire structure and approach of the VA health care system. To 'revolutionize,' if you will, the way VA delivers and pays for care. We call it, The American Legion Veterans Health Care Security Plan. Three weeks ago, I called a special meeting of our Veterans Planning and Coordinating Committee in Washington. E. Roy Stone, a long-time member of that Committee and valued counselor in veterans affairs attended. We discussed our Health Care Security Plan with Secretary of Veterans Affairs Jesse Brown and members of his staff. Here are some of the things The American Legion Veterans Health Care Security Plan will do: It will organize the Veterans Health Administration into a health care delivery system instead of a hospital-bed system for sick and impoverished veterans. It will assure that all veterans with service-connected disabilities or illnesses receive all necessary and appropriate care for those conditions at no personal cost. It will allow veterans and their immediate dependents access to the VA health care system by paying premiums, co-payments and deductibles. It will allow service-connected veterans below 50 percent to purchase additional care for unrelated conditions by paying significantly discounted premiums. The plan will assure that all catastrophically ill veterans, those without sufficient funds and all special category veterans will have access to VA health care. It will create a system of appropriation by capitation so that VA can be adequately funded for mandated care. It will permit the VA to retain all third-party payments. And it will create a cafeteria type benefit package selection to avoid purchase of unnecessary services and reduce costs to beneficiaries. We hope that Secretary Brown looks with favor on our ideas. The proposal is already getting a good reception among a number of lawmakers and we hope to introduce it in legislative form in the next session of Congress. If enacted, this would clearly be the greatest legislative initiative achieved by The American Legion since the Servicemen's Readjustment Act of 1944, better known as The GI Bill. After all, our purpose is to preserve and improve the VA Health Care System before it is destroyed by some who believe it has outlived its usefulness or else self-destructs. It would revitalize a system that is the only true national health care system we have. One that serves as a backup hospital system in case of war or natural disaster and one that has always provided the teaching and training hospitals for a majority of the country's new doctors. It is truly a national asset and one that should not only be reformed, but preserved. Permit me to touch on several other topics. The American Legion is very concerned about the deployment of our U.S. military forces on the peacekeeping mission in Bosnia. We were opposed to the deployment on the grounds that no clear national interest was apparent, that there was no overwhelming Congressional support for the move and very little public support. The deployment went ahead, some Congressional support was obtained and the fact remains that U.S. troops are on the ground in that war-torn former Yugoslavian landscape hopefully for only one year. But now that they are there, The American Legion supports our brave service men and women 100 percent and we will do everything we can to assist them. One special way we are doing that is the re-activation of The American Legion Family Support Network. We began that initiative back in 1990 during Operation Desert Shield and Desert Storm in the Persian Gulf. We answered more than 30-thousand phone calls for assistance. Now, five years later, it's back in business ready to assist families of U.S. troops deployed to Bosnia. There's a 24-hour, toll-free number up-and-running ready to take calls from military families who need help with short term financial assistance, or hands-on help from members of The American Legion Family. You can imagine how large a part the American Legion Auxiliary plays in an effort like this! After all, who knows better what kinds of problems can confront those who are left at home than those who have been there before? Our 3-million members of the Legion, the one million of the Auxiliary, and the 180-thousand in the Sons of The American legion in cities and towns all over the country stand ready to help. That toll-free number is 1-800-504-4098. The American Legion and Auxiliary have for almost all of our three-quarters of a century existence been involved in programs for the benefit of the children and youth of America. Programs like American Legion Boys State and Boys Nation and American Legion Auxiliary Girls State and Girls Nation and like American Legion baseball, and the national High School Oratorical contest. These are our traditional programs for the education and betterment of today's young people especially their character. The American Legion is and has always been concerned about the preservation of the principles of justice, freedom and democracy and that they are safeguarded and passed on to posterity. We believe in law and order and a 100 percent Americanism. Ladies and gentlemen, members of the Legislature, and citizens of South Carolina, we are very concerned about the state of those high principles and values in our nation today! We seem to be living in a society that respects very little and honors even less. Most of today's problems can be traced to a breakdown in respect, respect for laws, for traditions and for each other. Growing numbers of people think that they are not answerable to anything or anyone but themselves. They think that nothing takes priority over the needs or desires and so-called 'rights' of the individual. It is what has been called the 'me' generation. Nothing is forbidden. Everything is permissible from the shocking, vulgar music that urges kids to go out and shoot cops to the desecration of a cherished symbol like the American Flag! Amid all this, the Flag stands alone as the one unifying symbol of all the values that this nation was built upon and all the country was meant to be. If respect for the Flag were taught once again, and children were brought up to understand the principles it represents, it could help turn the tide of chaos and disrespect that is rampant in today's society. As most of you know, The American Legion Family has been engaged in a six-year battle to secure a constitutional amendment which would allow passage of laws to protect the flag from intentional physical desecration. We were joined by more than 112 like-minded organizations which formed a grass-roots coalition called the Citizens Flag Alliance. They represented more than 75 percent of the American people who believe flag burning is wrong, and that it should be protected by means of an amendment to the constitution. Forty-nine of the fifty state legislatures passed 'memorializing' resolutions asking Congress to pass such a flag protection amendment. I am proud to say that this South Carolina Legislature was one of the earliest states to do so back in 1991. As many of you know the amendment came to a vote in both houses of Congress last year. In June, the House of Representatives passed the measure by an overwhelming vote of 312 to 120. In December, The United States Senate came within just three votes of the necessary two-thirds majority for passage. The vote was 63 to 36. Disappointed? You bet we were! But remember, 63 out of 99 Senators voted with us! We won more than 375 legislators in all! Our efforts of the past six years have not been in vain. Those who fought to take remote island outposts in the Pacific a half-century ago sometimes stumbled at first, but eventually prevailed. We undertook a noble fight in trying to save our flag, and the fact that we have suffered a temporary setback does not diminish the nobility of what we fought for. This fight is not over by a long shot! We'll be back! Already, plans are being made to generate more grass roots support and revitalize the campaign. We expect the issue will play a part in some key Congressional races leading to the November elections. The amendment will be introduced in the 105th Congress next January. I hope we can count on the support of the citizens of this great State of South Carolina and you who serve them as their elected officials. Restoring respect for the flag is the place to start restoring respect for our values, for each other, and for our country. Join us once again, in this noble fight to head this country back on course! Distinguished members of the Legislature, we are honored to be with you today. We of the American Legion Family are extremely grateful for all that you do for the citizens you represent and especially for the veterans of South Carolina. God Bless you, and God Bless America."
Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
Rep. SPEARMAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4776 -- Reps. R. Smith and Mason: A CONCURRENT RESOLUTION CONGRATULATING ST. JOHN UNITED METHODIST CHURCH OF GRANITEVILLE ON ITS ONE HUNDRED FIFTIETH ANNIVERSARY.
H. 4786 -- Rep. Koon: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS ON THEIR WINNING THE 1996 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
At 12:36 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Beatrice A. Ferguson Hayes of Clinton, to meet at 10:00 A.M. tomorrow.
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