Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, Whose presence is always near and Whose wisdom is infallible, keep us clear of self-righteousness and short vision; from confusing our own selfish desires and ambitions with Your holy will; from indifference and over confidence; from fear and worry and dread of the future; from an attitude of defeatism or of a compromise with the forces of evil. Bestow upon us a full measure of wisdom and understanding, courage and strength, faith and charity to meet all the challenges of this day and every day. Cause us to know that we cannot do everything, but help us to do our best to do something good for our fellowmen and altogether acceptable to You.
Hear us, Lord, in our prayer made in praise and thanksgiving. 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.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $10.00
Total number of Manuals sold from
April 26, 1989 to February 7, 1990
3021 @ $4.00 each $12,084.00
Total $ 12,094.00
Accounting:
Cash on Hand 10.00
Cash Deposited in State's
General Fund $12,084.00
Total $ 12,094.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
Sandra K. McKinney
Clerk of the House
February 7, 1990
Received as information.
The following invitation was taken up for immediate consideration and accepted.
January 24, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of the Developmental Disabilities Council, Office of the Governor, I wish to extend an invitation to the members of the South Carolina House of Representatives to join the Council and our special guest, Mr. James S. Brady, for a luncheon to be held in honor of the General Assembly, on February 21, 1990, at the Marriott Hotel, upon recess from their respective Chambers. The site for the luncheon is presently being selected, but I can assure you it will be at a facility within walking distance of the Capitol Complex and we shall have that information to you by February 1, 1990.
Our guest speaker, Mr. Brady, was President Reagan's press secretary at the time of the attempted assassination and was traumatically injured during that attack. His recovery from that tragedy has been miraculous and his rehabilitative fight to gain back his physical independence is indeed admirable. We feel it fittingly appropriate to invite Mr. Brady to address our most prestigious body and share his very special story.
Please give consideration to our calendar request and thank you for the concern for people with disabilities that you have shown through your efforts over the years.
Sincerely,
June B. Licata, Chair
The following were received and referred to the appropriate committees for consideration.
Document No. 1159
Promulgated By Department of Agriculture
Noxious Weed
Received by Speaker February 7, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date June 7, 1990
Document No. 1224
Promulgated By Department of Highways and Public Transportation
Approved Installation and Inspection Procedures of Sunscreening
Received by Speaker February 7, 1990
Referred to House Committee on Education
120 day expiration date June 7, 1990
The following was received.
Columbia, S.C., February 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Pope and Land of the Committee of Free Conference on the part of the Senate on H. 3466:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Very respectfully,
President
No. 079
Received as information.
The following was received.
Columbia, S.C., February 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3466, and the report having been adopted by both Houses has ordered the Bill enrolled for ratification:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Very respectfully,
President
No. 127
Received as information.
The following was received.
Columbia, S.C., February 6, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R330, H. 4287 by a vote of 46 to 0:
(R330) H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.
Very respectfully,
President
No. 051
Received as information.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 4233 -- Reps. McLellan and L. Martin: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, AND TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA AND DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3517 -- Reps. Kirsh, T.M. Burriss, G. Bailey, Harvin, Kohn, J.W. Johnson, Wells, McCain, Quinn, Wright, L. Martin and Blackwell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCEPTANCE OF BIDS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE REQUIREMENTS FOR LISTING SUBCONTRACTORS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4262 -- Reps. Wilkins, Nettles and Burch: A BILL TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4353 -- Reps. Rama, Kohn, Holt, Mappus, Winstead, J. Bailey and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, and Rep. WHITE, for the minority, submitted an unfavorable report, on:
S. 1049 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4586 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MOTOR VEHICLE DIVISION SALES OFFICE OF THE DEPARTMENT IN MARLBORO COUNTY IN HONOR OF THE LATE WADE H. CROW.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4587 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MARLBORO COUNTY HIGHWAY PATROL OFFICE IN HONOR OF THE LATE TROOPER FIRST CLASS GEORGE TILLMAN RADFORD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4588 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. CHARLIE JAMES (BUCK) GAMBLE OF CLARENDON COUNTY, CO-FOUNDER OF THE WALKER-GAMBLE SCHOOL OF THE EAST CLARENDON SCHOOL DISTRICT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 842 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF AIR BASE ROAD IN RICHLAND COUNTY AS "ROBERT H. MORRELL ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1196 -- Senator Hinds: A CONCURRENT RESOLUTION CONGRATULATING MRS. DEANNA MCCLARY AND HER DAUGHTER, TARA, OF GEORGETOWN COUNTY UPON WINNING THE "MOTHER-DAUGHTER USA" TITLE IN LOS ANGELES RECENTLY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1195 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. DEWEY L. BLACKWELL OF BURNETTOWN IN AIKEN COUNTY UPON HIS DEATH FROM INJURIES RECEIVED IN A TRAGIC AUTOMOBILE ACCIDENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1208 -- Senators Williams, Fielding, Gilbert, Mitchell, Patterson, Bryan, Courson, Drummond, Giese, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF THE REVEREND JOHN WESLEY MATTHEWS, SR., OF ORANGEBURG WHO DIED FEBRUARY 2, 1990.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1218 -- Senators Macaulay and Mullinax: A CONCURRENT RESOLUTION TO EXPRESS THE BEST WISHES OF THE GENERAL ASSEMBLY TO JOHN RAFTAKIS OF ANDERSON WHO IS RETIRING AFTER THIRTY-SEVEN SUCCESSFUL YEARS IN THE RESTAURANT BUSINESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4589 -- Rep. Baxley: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR UNEMPLOYMENT COMPENSATION BENEFITS, SO AS TO CREATE AN EXCEPTION FOR A PERSON WHO VOLUNTARILY LEAVES EMPLOYMENT BECAUSE HIS SPOUSE IS TRANSFERRED BY THE MILITARY MORE THAN ONE HUNDRED MILES AWAY FROM THE PLACE OF EMPLOYMENT.
Referred to Committee on Labor, Commerce and Industry.
H. 4590 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
Without reference.
H. 4592 -- Reps. Altman and McElveen: A BILL TO AMEND ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE MATTERS OF THE FAMILY COURT, BY ADDING SUBARTICLE 10 SO AS TO REQUIRE THE COURT OR CLERK OF COURT TO ISSUE A RULE TO SHOW CAUSE DIRECTED TO ANY PARTY ALLEGED TO HAVE VIOLATED AN EXISTING COURT ORDER WHEN A VERIFIED PETITION IS PRESENTED, AND TO PROVIDE THAT THE RULE MUST REQUIRE THE ALLEGED CONTEMNER TO APPEAR AT A TIME AND DATE CERTAIN.
Referred to Committee on Judiciary.
H. 4593 -- Rep. Davenport: A BILL TO AMEND SECTION 61-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR PERMITS TO SELL BEER OR WINE, SO AS TO PROVIDE THAT PERMITS MAY NOT BE ISSUED FOR A LOCATION WITHIN THREE HUNDRED FEET OF A CHURCH, SCHOOL, OR PLAYGROUND WITHIN A MUNICIPALITY OR WITHIN FIVE HUNDRED FEET OF SUCH FACILITIES OUTSIDE A MUNICIPALITY.
Referred to Committee on Labor, Commerce and Industry.
S. 832 -- Senators Martschink, McConnell, Passailaigue, Helmly, Hinds, Gilbert, Pope, Bryan, Setzler, Stilwell, Long, Thomas, Nell W. Smith, Lee, Wilson, Rose, Moore, Leventis, Leatherman, Mullinax, O'Dell, Courson, J. Verne Smith, Macaulay and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.
Referred to Committee on Labor, Commerce and Industry.
S. 901 -- Senators Hayes and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.
Referred to Committee on Agriculture and Natural Resources.
S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-33-395 SO AS TO PROVIDE FOR SUIT NOT TO BE BROUGHT AGAINST EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
Referred to Committee on Judiciary.
S. 1154 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4594 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND PRICE'S STORE FOR MEN IN SPARTANBURG FOR OPERATING A POPULAR AND SUCCESSFUL BUSINESS SINCE 1903.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4595 -- Reps. Washington, Mappus, Rama, Whipper, Holt, D. Martin, Hallman, Kohn, Winstead and J. Bailey: A CONCURRENT RESOLUTION TO COMMEND CHARLESTON COUNTY RADIO STATION WPAL FOR ITS TREMENDOUS ASSISTANCE TO THE COUNTY AND STATE DURING AND AFTER HURRICANE HUGO.
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.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 7, 1990.
Ronald P. Townsend Rick Quinn Olin R. Phillips Larry Gentry
LEAVE OF ABSENCE
The SPEAKER granted Rep. HASKINS a leave of absence for the remainder of the day and tomorrow.
Reps. HARVIN and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, February 1.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 6.
I was not present during the Session but arrived in time to attend the Committee meetings on February 6, 1990.
Thomas E. Huff
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.
H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 102, MAULDIN.
H. 4378 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
Rep. KOHN explained the Bill.
H. 4546 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.
S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.
S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.
H. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up.
S. 1113 -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT THE NUMBER OF INSTRUCTIONAL SCHOOL DAYS REQUIRED PURSUANT TO SECTIONS 59-1-420 AND 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REDUCED BY FIVE DAYS FOR THOSE SCHOOL DISTRICTS WHICH MISSED TEN OR MORE INSTRUCTIONAL DAYS DUE TO HURRICANE HUGO, TO PROVIDE THAT THESE LOCAL SCHOOL DISTRICT BOARDS OF TRUSTEES MAY REQUEST THAT THE STATE BOARD OF EDUCATION WAIVE ADDITIONAL INSTRUCTIONAL DAYS, AND TO PROVIDE FOR THE WAIVER OF STAFF DEVELOPMENT AND TEACHER WORK DAYS IN ORDER TO MAKE UP INSTRUCTIONAL DAYS.
Rep. FOSTER moved to table the Joint Resolution, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
The following Bill was read the third time, passed and, 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.
S. 894 -- Senators Passailaigue and Mitchell: A BILL TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.
Rep. KOHN moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
The following Bill was taken up.
S. 551 -- Senator Long: A BILL TO AMEND SECTION 6-7-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING REGULATIONS OR MAPS, SO AS TO PROVIDE THAT THE PLANNING COMMISSION SHALL HAVE FORTY-FIVE DAYS WITHIN WHICH TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT SUCH REPORT WITHIN THE FORTY-FIVE DAY PERIOD SHALL BE DEEMED AS APPROVAL OF THE CHANGE OR DEPARTURE.
Reps. T. ROGERS, J. BAILEY, WRIGHT, WAITES and DAVENPORT objected to the Bill.
The following Bill was taken up.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Rep. J.C. JOHNSON proposed the following Amendment No. 3 (Doc. No. 0542o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 39 of the 1976 Code is amended by adding:
Section 39-2-10. Unless the context otherwise requires in this chapter:
(1) 'Supplier' means any person who must be licensed by this State to engage in his profession or occupation who provides goods and services to another pursuant to a written contract or oral agreement.
(2) 'Subcontractor' means any person engaged by the supplier but not in his employ to assist in the providing of the goods or services.
Section 39-2-20. Performance by a supplier or subcontractor in accordance with the provisions of his contract or agreement entitles him to payment from the party with whom he contracts or agrees.
Section 39-2-30. When a supplier or a subcontractor has performed in accordance with the provisions of his contract or agreement, the person with whom he contracts or agrees shall pay the supplier by mailing via first class mail or delivering the undisputed amount of any pay request within twenty-one days of receipt by the person of any pay request based upon work completed or service provided under the contract or agreement, and the supplier shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the supplier or subcontractor of each periodic or final payment, by mailing via first class mail or delivering the full amount received for that subcontractor's work based on work completed or service provided under the subcontract.
Section 39-2-40. Nothing in this chapter prevents the supplier, person with whom he contracts or agrees, or a subcontractor from withholding application and certification for payment because of the following: unsatisfactory job progress, disputed work, third party claims filed or reasonable evidence that claim will be filed, failure of supplier or subcontractor to make timely payments for labor, equipment, and materials, damage to the person, contractor, or another subcontractor, reasonable evidence that contract, agreement, or subcontract cannot be completed for the unpaid balance of the contract, agreement, or subcontract sum, or a reasonable amount for retainage.
Section 39-2-50. If a periodic or final payment to a supplier is delayed by more than twenty-one days or if a periodic or final payment to a subcontractor is delayed by more than seven days after receipt of periodic or final payment by the supplier or subcontractor, the person with whom contracted or agreed, supplier, or subcontractor shall pay his supplier or subcontractor interest, beginning on the due date, at the rate of one percent a month or a pro rata fraction thereof on the unpaid balance as may be due.
Section 39-2-60. The interest charges for late payments required to be paid to suppliers and subcontractors pursuant to this chapter are in lieu of any other charges or interest authorized by other provisions of law to be imposed on late payments."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. CORNING moved to adjourn debate upon the Bill until Tuesday, February 13, which was adopted.
Rep. KOHN moved to adjourn debate upon the following Bill until Tuesday, February 13, which was adopted.
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
The following Bill was taken up.
H. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0575o).
Amend the bill, as and if amended, in Section 56-5-1255 of the 1976 Code, as contained in SECTION 1, by striking /must/ on line 4 of the second paragraph of the section and inserting /may/ and by striking /two hundred/ on line 5 of the second paragraph of the section and inserting /one hundred/.
When amended, Section 56-5-1255 shall read:
/Section 56-5-1255. A person owning or operating a motor vehicle registered or subject to registration in this State shall have in his possession while operating the vehicle verification of liability insurance, or verification of coverage under a motor vehicle liability insurance policy, in the amount and under the terms and conditions required by the laws of this State on the vehicle being operated. At the time of a motor vehicle accident involving another person or the property of another person, the owner or operator of the vehicle, in addition to all other requirements of law, shall provide or furnish the investigating officer with the information contained on his verification of insurance.
A person who fails to carry the verification of insurance or provide information of his verification of insurance in the manner required by this section is guilty of a misdemeanor and, upon conviction, may be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days./
Amend title to conform.
Rep. KOHN explained the amendment.
Reps. FABER, G. BROWN, McBRIDE, BLANDING, SMITH, KAY, WILKES and DAVENPORT objected to the Bill.
Rep. BENNETT moved to adjourn debate upon the following Joint Resolution until Wednesday, February 14, which was adopted.
H. 4530 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS AND CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.
The Committee on Ways and Means proposed the following Amendment No. 1 (Doc. No. 0370X).
Amend the bill, as and if amended, by striking Section 42-17-30, as contained in SECTION 1, and inserting:
/"Section 42-17-30. The commission or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical examination of any employee and to testify in respect thereto. Such The physician or surgeon shall must be allowed traveling expenses and a reasonable fee to be fixed by the commission, in accordance with a fee schedule set by the commission not exceeding ten dollars for each examination and report. But the The commission may allow additional reasonable amounts in extraordinary cases. The fees and expenses of such physician or surgeon shall be paid by the State. The commission or any member thereof has the discretion to order either party to pay the fees and expenses of the physician or surgeon, or the commission or any member thereof may order the parties to share responsibility for payment of the fees and expenses."/
Amend title to conform.
Rep. J.W. JOHNSON explained the amendment and moved to adjourn debate upon the Bill until Thursday, February 8, which was adopted.
The following Bill was taken up.
H. 4547 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.
The Bill was read the second time and ordered to third reading.
Rep. McLELLAN moved to reconsider the vote whereby the Bill was given a second reading, which was agreed to.
Rep. McLELLAN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 593 -- Senators Lourie, Leatherman, Setzler, Stilwell and Pope: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE FOR THE ASSESSMENT OF POINTS WHEN THE VIOLATION IS COMMITTED WHILE OPERATING A MOTOR VEHICLE; AND SECTION 56-1-720, AS AMENDED, RELATING TO THE VIOLATIONS FOR WHICH POINTS ARE ASSESSED, SO AS TO INCLUDE THE OFFENSE OF LITTERING AND PROVIDE FOR THE ASSESSMENT OF THREE POINTS FOR VIOLATION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. Nos. 0401X and 0150X).
Amend the bill, as and if amended, by striking Section 16-11-700(C)(1), as contained in SECTION 1, page 2, and inserting:
/(1) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars for each offense. If the violation occurs while a motor vehicle is being driven, the driver must also be assessed points against his driver's record as provided in Section 56-1-720. Violation of this section will not be considered a moving violation under any insurance merit rating plan. In addition to any a fine and for each offense under the provisions of this item, the court must shall also impose a minimum of five hours of litter-gathering labor or other such form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court./
Amend further, in Section 56-1-720, as contained in SECTION 2, page 4, by inserting after /waters/on line 40 /while driving/, so that when amended Section 56-1-720 of the 1976 Code shall read:
/Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element of the system is a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions, or
speeding:
(1) No more than 10 m.p.h. above
the posted limits 2
(2) More than 10 m.p.h. but
less than 25 m.p.h. above the
posted limits 4
(3) 25 m.p.h. or above the
posted limits 6
Disobedience of any official traffic
control device 4
Disobedience to officer directing
traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety zone 4
Failing to give signal or giving
improper signal for stopping,
turning, or suddenly decreased speed 4
Shifting lanes without safety precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe condition 2
Driving in improper lane 2
Improper backing 2
Dumping litter on public or private
property or waters while driving 2."/
Amend title to conform.
Rep. ALTMAN explained the amendment.
Reps. McLEOD, KEESLEY, LITTLEJOHN, FOSTER, CARNELL and J. BAILEY objected to the Bill.
Rep. FAIR withdrew his objection to the following Bill.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Rep. KIRSH withdrew his objection to the following Joint Resolution whereupon objections were raised by Reps. WHITE and KLAPMAN.
H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. BEASLEY withdrew his objection to the following Bill.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Rep. BEASLEY asked unanimous consent to recall H. 4418 from the Committee on Education and Public Works.
Rep. KLAPMAN objected.
The Senate amendments to the following Bill were taken up for consideration.
S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.
Rep. BEASLEY explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.
The motion of Rep. WILKINS to reconsider the vote whereby the House non-concurred in the Senate amendments was taken up and agreed to.
Rep. WILKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
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. 3811 -- Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
Rep. WILKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3989 -- Rep. Kirsh: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.
Rep. KIRSH explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.
Rep. FELDER moved to adjourn debate upon the Bill until Thursday, March 1.
Rep. L. MARTIN moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Thursday, March 1, which was agreed to.
The following Concurrent Resolution was taken up.
S. 1159 -- Senators Waddell, Moore, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN REPLACING FUNDS BORROWED TO CONTINUE THE CHILDREN'S REHABILITATIVE SERVICES PROGRAM.
Whereas, the General Assembly recognizes that there is a need for continued medical services for children with crippling and disabling conditions; and
Whereas, the funding for these services is inadequate to meet the need for the remainder of the 1990 fiscal year; and
Whereas, the Department of Health and Environmental Control has agreed to borrow federal and other funds of eight hundred thousand dollars to address the fiscal year 1989-90 need for childrens' services. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly use this concurrent resolution as an expeditious means of indicating to the Department of Health and Environmental Control their intention to make available to the Department of Health and Environmental Control an additional non-recurring appropriation in an amount not to exceed eight hundred thousand dollars for use in replacing the funds borrowed to continue the Children's Rehabilitative Services Program.
It is further resolved that it is the intent of the General Assembly to provide adequate recurring funds for fiscal year 1990-91 for the Children's Rehabilitative Services Program.
Be it further resolved, that a copy of this resolution be forwarded to Commissioner Michael D. Jarrett, Department of Health and Environmental Control and to Dr. Henry S. Jordan, Chairman of the Health and Environmental Control Board.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 4472 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Kay and Tucker: A CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT THE PROPOSAL OF THE SOUTH ANDERSON MANUFACTURING PLANT MANAGERS TO CONSTRUCT A BY-PASS HIGHWAY EXTENDING FROM HIGHWAY 29 NORTH TO HIGHWAY 29 SOUTH, WITH AN ADDITIONAL EXTENSION FROM HIGHWAY 29 SOUTH TO HIGHWAY 24, IN ANDERSON COUNTY.
Whereas, the proposal of the South Anderson Manufacturing Plant Managers to construct a by-pass highway extending from Highway 29 North to Highway 29 South, with an additional extension from Highway 29 South to Highway 24, in Anderson County is a proposal which has generated much support; and
Whereas, the proposal is timely made and is based on a true need for the by-pass and the additional extension; and
Whereas, the Department of Highways and Public Transportation should act to implement the proposal as expeditiously as possible. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, urges the Department of Highways and Public Transportation to implement the proposal of the South Anderson Manufacturing Plant Managers to construct a by-pass highway extending from Highway 29 North to Highway 29 South, with an additional extension from Highway 29 South to Highway 24, in Anderson County.
Be it further resolved that copies of this resolution be forwarded to the chairman of the State Highways and Public Transportation Commission and to Mr. J. G. Rideoutte, Executive Director, Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 509 -- Senators Wilson, Thomas and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO INCREASE THE FEDERAL INCOME TAX EXEMPTION FOR DEPENDENT CHILDREN TO FIVE THOUSAND DOLLARS BY 1995 WITH AN IMMEDIATE INCREASE TO THREE THOUSAND DOLLARS AND TO ALLOW A FEDERAL INCOME TAX CREDIT OF ONE THOUSAND DOLLARS FOR EACH CHILD UNDER FIVE YEARS OF AGE IN LOW-INCOME, WORKING FAMILIES IN WHICH AT LEAST ONE PARENT IS EMPLOYED.
Whereas, families with children bear a disproportionate share of the United States tax burden; and
Whereas, in 1948 the income tax exemption for a dependent child equaled eighteen percent of the average American income while in 1988 it equaled four percent, demonstrating a devaluation of children in the United States Tax Code; and
Whereas, the estimated cost of raising a child today is two hundred thousand dollars; and
Whereas, mortgage and interest rates make it increasingly more difficult for the single-earner family to buy a home; and
Whereas, a heavy tax burden and the high cost of living are causing mothers to seek employment outside the home, forcing them to leave their children in the care of strangers; and
Whereas, child development experts are predicting serious problems with future generations who do not receive adequate mother love and nurturing; and
Whereas, statistics show that eighty-four percent of employed mothers would rather be home taking care of their own children; and
Whereas, current tax laws discriminate against single-earner families with a parent in the home. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, memorialize the United States Congress to raise the income tax exemption for dependent children to three thousand dollars, phased to five thousand dollars by 1995, and that it give an income tax credit of one thousand dollars a child under the age of five to low-income, working families in which at least one parent is employed.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Debate was resumed in the Motion Period, the pending question being the consideration of the second substitute motion to recall H. 3171 from the Agriculture and Natural Resources Committee.
Rep. WINSTEAD moved to table the motion.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Davenport Faber Fair Fant Farr Felder Gentry Glover Hallman Harris, J. Harris, P. Harvin Harwell Hendricks Holt Huff Jaskwhich Kay Keyserling Kinon Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis Moss Nesbitt Rama Rhoad Sharpe Short Smith Snow Stoddard Townsend Tucker Vaughn Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Baxley Blanding Brown, G. Corbett Foster Hayes Keegan Keesley Kirsh McEachin McElveen McLeod McTeer Neilson Quinn Rogers, T. Rudnick Sheheen Waites
So, the motion to recall H. 3171 was tabled.
I wish to be recorded as voting no, against tabling the motion to recall H. 3171. I inadvertently pushed yes. Rep. HARVIN
As a second substitute Rep. FELDER moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. SHARPE moved that the House do now adjourn.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Carnell Foster Kay Kirsh McAbee Rhoad Sharpe Simpson Wilkes
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Gentry Glover Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rudnick Sheheen Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkins Williams, D. Winstead Wofford Wright
So, the House refused to adjourn.
Rep. L. MARTIN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4596 -- Reps. D. Williams, Wofford, H. Brown and J. Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MAUDE E. CALLEN OF THE PINEVILLE COMMUNITY IN BERKELEY COUNTY, UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4597 -- Rep. Farr: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES WALLACE (JIMMY) BLACKWOOD, SR., FORMER MAYOR OF UNION, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4598 -- Rep. Farr: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF LARKIN H. JENNINGS, JR., OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4599 -- Reps. Kohn, J. Bailey, Winstead and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT TO TAKE ALL STEPS NECESSARY TO HAVE CERTAIN DAYS OF INSTRUCTION MISSED BY THE STUDENTS OF THE DISTRICT WAIVED BY THE APPROPRIATE OFFICIALS OF THE STATE DEPARTMENT OF EDUCATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4600 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-280 SO AS TO REQUIRE THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO MAKE AIRCRAFT AVAILABLE FOR AERIAL RESEEDING OF CLEAR-CUT AREAS AND TO REQUIRE THE OWNER OF THE AREA TO BE RESEEDED TO PROVIDE THE SEED.
Referred to Committee on Agriculture and Natural Resources.
H. 4601 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO REQUIRE AUTOMOBILE INSURERS TO WRITE AUTOMOBILE INSURANCE STATEWIDE AND TO PROHIBIT AN INSURANCE COMPANY WHICH WITHDRAWS FROM WRITING AUTOMOBILE INSURANCE IN THIS STATE FROM WRITING ANY OTHER LINE OF INSURANCE IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 4602 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO REDUCE FROM TWO HUNDRED DOLLARS TO TWENTY-FIVE DOLLARS THE FIRST REINSTATEMENT FEE REQUIRED WHEN A VEHICLE DRIVER REFUSES TO SURRENDER THE SUSPENDED VEHICLE REGISTRATION AND LICENSE PLATES.
Referred to Committee on Labor, Commerce and Industry.
H. 4603 -- Rep. McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-238 SO AS TO EXEMPT FROM STATE INCOME TAX RESIDENT INDIVIDUALS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE FOR ALLOCATION OF INCOME BETWEEN CERTAIN SPOUSES FOR PURPOSES OF THE EXEMPTION, AND TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PRESCRIBE THE METHOD OF ALLOCATION.
Referred to Committee on Ways and Means.
H. 4604 -- Reps. McKay, H. Brown, Rhoad, Quinn, Felder, Blackwell, Smith, Harwell, Kay, Nesbitt, Winstead, Nettles, Klapman, McAbee, Elliott, Cooper, Boan, Huff, R. Brown, P. Harris, Carnell, Snow, J. Harris, Wright, Altman, M.O. Alexander, Manly, Hodges, Fair, Bruce, Chamblee, Keegan, Farr and Glover: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, THROUGH NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.
Referred to Committee on Ways and Means.
H. 4605 -- Reps. McLeod, Stoddard, J.C. Johnson, Koon, G. Brown, Keyserling, Blanding, Waites, J.Bailey, Smith, Corning, Felder, Whipper, Huff, Wells, Farr, T.C. Alexander, Barber, White, Holt, Bruce, Rudnick, Littlejohn, Keesley, Wilkes, Foster, McElveen, T.M. Burriss, Nesbitt, Washington, Wilder, Glover, Kirsh, Fair, Hendricks, Chamblee, Cooper and Fant: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROHIBIT A REGULATION PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, OR DEPARTMENT FROM BECOMING EFFECTIVE UNLESS APPROVED BY THE GENERAL ASSEMBLY IN THE SAME MANNER AS AN ACT; TO ALLOW THE GENERAL ASSEMBLY TO AMEND A PROPOSED REGULATION; AND IN AN EMERGENCY SITUATION, TO ALLOW A REGULATION TO BECOME EFFECTIVE ONLY FOR THE PERIOD OF THE EMERGENCY UPON APPROVAL OF THE GOVERNOR.
Referred to Committee on Judiciary.
H. 4606 -- Reps. McLeod, Stoddard, J.C. Johnson, Koon, Keyserling, G. Brown, McElveen, Blanding, Waites, J. Bailey, Smith, Corning, T.M. Burriss, Felder, Whipper, Huff, Barber, Washington, Holt, White, Bruce, Littlejohn, Fant and Glover: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REDUCE THE TIME PERIOD REGULATIONS ARE IN COMMITTEE AND UNDER CONSIDERATION; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS BY A LEGISLATIVE COMMITTEE, SO AS TO CHANGE THE PROCEDURES UPON RESUBMISSION OF REGULATIONS BY AN AGENCY, AND TO DELETE THE AUTOMATIC APPROVAL PROVISION.
Referred to Committee on Judiciary.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEASLEY explained the Joint Resolution.
H. 4568 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR CLUB CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4583 -- Rep. Koon: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.
The following Bill was taken up.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Reps. FANT and TAYLOR objected to the Bill.
Rep. BLANDING withdrew his objection to the following Joint Resolution whereupon an objection was raised by Rep. WILKINS.
H. 3383 -- Reps. Keyserling, Sheheen, Wilkins,McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Upon the withdrawal of an objection by Rep. STURKIE the following Bill was taken up.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 0098X), which was adopted.
Amend the amendment of the Judiciary Committee, as and if amended, by adding at the end of subsection (G) on page 11: /The parties may agree in writing if properly approved by the court to make the payment of alimony as set forth in items (1) through (6) of subsection (B) nonmodifiable and not subject to subsequent modification by the court./ When amended subsection (G) shall read:
/(G) The family court may review and approve all agreements which bear on the issue of alimony or separate maintenance and support, whether brought before the court in actions for divorce from the bonds of matrimony, separate maintenance and support actions, or in actions to approve agreement where the parties are living separate and apart. The failure to seek a divorce, separate maintenance, or a legal separation does not deprive the court of its authority and jurisdiction to approve and enforce the agreements. The parties may agree in writing if properly approved by the court to make the payment of alimony as set forth in items (1) through (6) of subsection (B) nonmodifiable and not subject to subsequent modification by the court./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 3, which was proposed on Thursday, February 1, by Rep. L. MARTIN.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SMITH withdrew his objection to H. 3848 however, other objections remained upon the Bill.
On motion of Rep. BEASLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.
The motion period was dispensed with on motion of Rep. WINSTEAD.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Thursday, March 1, which was adopted.
H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
The following Joint Resolution was taken up.
H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. RUDNICK was recognized.
Rep. CARNELL moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Blanding Boan Carnell Faber Felder Foster Harris, P. Kay Kirsh Mappus McAbee McBride Nesbitt Rhoad Rogers, T. Simpson Snow Taylor Townsend Tucker Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Beasley Blackwell Brown, G. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Fant Farr Gentry Hallman Harvin Harwell Hayes Hendricks Holt Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kinon Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. McCain McEachin McElveen McGinnis McLellan McLeod McTeer Moss Neilson Phillips Quinn Rama Rudnick Sheheen Smith Stoddard Sturkie Vaughn Waites Wells Whipper Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Reps. RUDNICK and WILKES spoke against the Joint Resolution.
Rep. CARNELL moved to continue the Joint Resolution.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Barber Barfield Brown, G. Brown, H. Brown, J. Carnell Chamblee Cooper Cork Corning Davenport Faber Farr Foster Glover Harris, P. Harvin Holt Kay Keegan Kinon Kirsh Klapman Lanford Limehouse Martin, D. Mattos McAbee McBride McGinnis McLeod Nesbitt Phillips Quinn Rama Rudnick Sharpe Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Wells Whipper Wilkes Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baxley Beasley Bennett Blackwell Boan Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Derrick Elliott Fair Fant Gentry Harris, J. Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Kohn Koon Littlejohn Manly Mappus Martin, L. McCain McEachin McElveen McLellan McTeer Neilson Rhoad Rogers, T. Sheheen Short Waites White Wilder Wilkins
So, the Joint Resolution was continued.
Rep. T. ROGERS moved that the House do now adjourn.
Rep. TAYLOR raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. LIMEHOUSE moved to reconsider the vote whereby the following Joint Resolution was continued.
H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. TAYLOR moved to table the motion to reconsider.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, K. Baker Barber Barfield Baxley Blanding Brown, G. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cooper Cork Corning Davenport Derrick Faber Farr Ferguson Foster Glover Hallman Harris, P. Harvin Holt Kay Keegan Kinon Kirsh Klapman Limehouse Littlejohn Martin, D. Mattos McAbee McBride McGinnis McLeod McTeer Nesbitt Phillips Quinn Rama Rhoad Rudnick Simpson Snow Stoddard Taylor Townsend Tucker Vaughn Washington Wells Whipper Wilkes Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Beasley Bennett Blackwell Boan Bruce Burch Burriss, M.D. Burriss, T.M. Cole Corbett Elliott Fair Fant Gentry Harris, J. Harwell Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Kohn Koon Lanford Manly Mappus Martin, L. McCain McEachin McElveen McLellan Nettles Sheheen Short Smith Waites White Wilder Wilkins
So, the motion to reconsider was tabled.
Rep. FABER moved that the House do now adjourn, which was adopted.
At 3:50 P.M. the House in accordance with the motion of Rep. FABER adjourned to meet at 10:00 A.M. tomorrow.
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