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| Printed Page 660, Feb. 7
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Printed Page 640, Feb. 6
| Printed Page 660, Feb. 7
| The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
Referred to Committee on Ways and Means.
H. 4558 -- Reps. Whatley, Limehouse, Seithel, Hallman, Hutson and Fulmer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE, A SPECIFIED DISTRICT OF THE STATE, OR A POLITICAL SUBDIVISION THEREOF IN THE EXECUTIVE, JUDICIAL, AND LEGISLATIVE BRANCHES OF GOVERNMENT.
Referred to Committee on Judiciary.
H. 4559 -- Reps. Sharpe and McKay: A BILL TO AMEND SECTION 12-28-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE TAX ON MOTOR FUEL, SO AS TO EXEMPT GASOLINE FOR USE IN A RACING MOTOR
Referred to Committee on Ways and Means.
H. 4560 -- Reps. Kelley, Keegan and Witherspoon: A BILL TO AMEND SECTION 4-20-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABOLITION OR BOUNDARY CHANGES OF A COMMUNITY RECREATION SPECIAL TAX DISTRICT, SO AS TO PROHIBIT ACTION BY THE GOVERNING BODY OF A COUNTY TO INCREASE THE AREA OF A DISTRICT EXCEPT UPON A PETITION SO REQUESTING FILED WITH THE GOVERNING BODY SIGNED BY AT LEAST FIFTEEN PERCENT OF THE QUALIFIED ELECTORS RESIDING IN THE PROPOSED AREA TO BE ADDED TO THE DISTRICT AND TO REQUIRE THE PROPOSED AREA TO BE CONTIGUOUS TO THE DISTRICT.
Referred to Committee on Judiciary.
H. 4561 -- Reps. Townsend, H. Brown, Herdklotz, Sharpe, Allison, Jaskwhich, Wilkins, Cooper, Cato, Harrison, P. Harris, Rhoad, Vaughn, Wright, Walker, Young-Brickell and Haskins: A BILL TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION ENDOWMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO PROVIDE FOR A SOUTH CAROLINA NEED-BASED GRANTS PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR PRIVATE INSTITUTION OF HIGHER LEARNING IN THIS STATE MAY RECEIVE STATE NEED-BASED GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE GRANTS; TO AMEND CHAPTER 143, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S EDUCATION ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND, AND TO REQUIRE THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST BE DISTRIBUTED QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S
Referred to Committee on Education and Public Works.
H. 4562 -- Reps. Keegan, Herdklotz and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO CREATE A BOARD OF BOILER AND PRESSURE VESSEL RULES TO SERVE WITHOUT SALARY AND TO FORMULATE AND PROMULGATE RULES AND REGULATIONS FOR THE SAFE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND PROCESS PIPING SYSTEMS; TO PROVIDE FOR THE ENFORCEMENT OF THE RULES AND REGULATIONS PROMULGATED BY THE BOARD; TO PROVIDE FOR THE EXAMINATION AND APPOINTMENT OF BOILER AND PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES TO BE CHARGED, AND REPORTS TO BE MADE; TO PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry.
H. 4563 -- Reps. McKay, Neilson, J. Hines, G. Brown and Baxley: A BILL TO AMEND SECTION 58-5-920, CODE OF LAWS OF SOUTH
Referred to Committee on Judiciary.
H. 4564 -- Reps. R. Smith, Mason, Sharpe and Clyburn: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, BY ADDING SECTION 40-75-95 SO AS TO EXEMPT FROM CHAPTER 75 CERTAIN PROFESSIONALS PERFORMING SERVICES SIMILAR TO PSYCHOLOGY SERVICES IF THE PERSON DOES NOT REPRESENT HIMSELF AS A PROFESSIONAL COUNSELOR; TO ADD SECTION 40-75-165 SO AS TO DIRECT THE BOARD TO PUBLICIZE THE MEANS BY WHICH COMPLAINTS MAY BE MADE; TO AMEND SECTION 40-55-70, RELATING TO THE UNAUTHORIZED USE OF THE TITLE "PSYCHOLOGIST", SO AS TO ALSO PROHIBIT AN UNLICENSED PERSON FROM PRACTICING AS A PSYCHOLOGIST; TO AMEND SECTION 40-75-40, AS AMENDED, RELATING TO INVESTIGATIONS OF COMPLAINTS, SO AS TO DELETE PROVISIONS RELATING TO PROCEDURES FOR INVESTIGATIONS AND HEARINGS; TO AMEND SECTION 40-75-70, RELATING TO THE UNAUTHORIZED REPRESENTATION AS A COUNSELOR, SO AS TO ALSO PROHIBIT THE USE OF CERTAIN TITLES, PRACTICING COUNSELING WITHOUT A LICENSE, AND UNLAWFULLY OBTAINING A LICENSE; TO AMEND SECTION 40-75-140, RELATING TO PRIVILEGES OF A LICENSEE AND DISPLAY OF LICENSES, SO AS TO REQUIRE DISPLAY AT EACH LOCATION WHERE THE LICENSEE PRACTICES; TO AMEND SECTION 40-75-160, RELATING TO COMPLAINTS, INVESTIGATIONS, AND HEARINGS, SO AS TO SET FORTH PROCEDURES AND TO REQUIRE NOTICE TO EMPLOYERS AND PROFESSIONAL ORGANIZATIONS WHEN A PERSON HAS VIOLATED THIS CHAPTER; AND TO AMEND SECTION 40-75-200, RELATING TO A CLIENT'S RIGHT TO DISCLOSURE OF A COUNSELOR'S QUALIFICATIONS, SO AS TO REQUIRE WRITTEN DISCLOSURE BEFORE A PERSON MAY
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4565 -- Reps. R. Smith, Mason, Sharpe and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-125 SO AS TO PROVIDE THAT THE TIME A MANAGER OF ELECTION SPENDS CONDUCTING AN ELECTION MUST BE CONSIDERED THE SAME AS JURY DUTY FOR PURPOSES OF LEAVE FROM THE MANAGER'S EMPLOYMENT.
Referred to Committee on Judiciary.
S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, ALCOHOL, AND ALCOHOLIC LIQUORS, SO AS TO MAKE CERTAIN TECHNICAL CHANGES.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cromer Dantzler Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason
McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-BrickellSTATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Wednesday, February 7. Timothy C. Wilkes William Clyburn Charles R. Sharpe Leon Howard G. Ralph Davenport, Jr. William F. Cotty Kenneth Kennedy Scott H. Richardson Ralph W. Canty Michael F. Jaskwhich C. Alex Harvin III Jean L. Harris Jerry N. Govan, Jr. F.G. Delleney, Jr. Grady A. Brown Timothy F. Rogers James H. Harrison
The SPEAKER granted Rep. J. HARRIS a temporary leave of absence for the day.
The SPEAKER granted Rep. INABINETT a leave of absence for the day, due to destruction of his home by fire.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.
H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1088 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Rep. COBB-HUNTER explained the Joint Resolution.
H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
Rep. BOAN explained the Bill.
The following Bill was taken up.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
Reps. ROGERS, NEAL and LLOYD objected to the Bill.
Rep. CARNELL moved to adjourn debate upon the Bill until Tuesday, February 13.
Rep. CROMER moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, February 13, which was agreed to.
The following Bill was taken up.
H. 4433 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10532CM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has
(1) If the suspension occurred for a violation of a provision contained in Sections 56-1-745, 56-1-746, or 56-5-2930, or for the violation of another provision of this State, another state, or a foreign jurisdiction related to alcohol or drugs then:
(a) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;
(b) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(c) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(2) If the suspension occurred for a reason other than a violation contained in subsection (A)(1) then:
(a) the person must not have been convicted of a traffic or other violation during the previous five-year period; and
(b) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require
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