Printed Page 7380, May 26
| Printed Page 7400, May 26
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Printed Page 7380, May 26
| Printed Page 7400, May 26
| SECTION 45. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."
SECTION 46. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.
SECTION 47. Section 2-17-70 of the 1976 Code is repealed.
SECTION 48. This act takes effect upon approval by the Governor, except SECTION 24, which takes effect July 1, 1995. Provided, however, any changes in reporting requirements pursuant to the provisions of this act shall apply only to transactions occurring on or after January 1, 1995.
Amend title to conform.
/s/Thomas L. Moore /s/David H. Wilkins
/s/H. Samuel Stilwell /s/James H. Hodges
/s/McKinley Washington, Jr./s/Douglas Jennings, Jr.
On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved that when the House adjourns it adjourn to meet Tuesday, May 31, at 11:00 A.M., which was agreed to.
Announcement was made that Dr. Norman Walsh of Charleston is the Doctor of
the Day for the General Assembly.
The following was received from the Senate.
The Senate respectfully informs your Honorable Body that it insists upon its
amendments to S. 1196:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE
CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL
MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY,
ITS POWERS, DUTIES, AND RESPONSIBILITIES.
and asks for a Committee of Conference and has appointed Senators Ford, Richter
and Rankin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. WOFFORD, KELLEY and J. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.
H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A
H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE
S. 1313 -- Senator Land: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.
Rep. M.O. ALEXANDER explained the Bill.
H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 1313 be read the third time tomorrow.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that H. 5193
be read the third time tomorrow.
The following Bill was taken up.
S. 1377 -- Senators Washington and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
Rep. WHITE moved to table the Bill, which was agreed to.
Rep. WRIGHT moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS
TO
INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF
COASTAL AREA.
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. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.
The following Bill was taken up.
H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.
Reps. MOODY-LAWRENCE, SCOTT and HINES objected to the Bill.
The following Bill was taken up.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH
CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE
PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE
"PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM
"PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE
CHAPTER.
Amend the bill, as and if amended, Section 44-7-325(A), by deleting lines 34- 36, on page 48-1 and inserting /a medical record of fifty cents per page/.
Amend further, Section 38-77-341(5), by deleting lines 25-28, page 48-2 and inserting:
/the search for and duplication of a medical record of fifty cents per page and a clerical fee for/.
Amend further, Section 42-15-95, by deleting lines 12-14 on page 48-3 and inserting /record of fifty cents per page and a clerical fee/.
Amend further, Section 42-115-80, by deleting lines 36-39 on page 48-3 and inserting:
/and duplication of a medical record of fifty cents per page and a clerical fee for searching and/.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. TUCKER moved to table the amendment.
Rep. HUTSON demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Barber Breeland Brown, J. Byrd Carnell Chamblee Cobb-Hunter Cooper Cromer Elliott Felder Gamble Govan Harris, J. Harris, P. Harrison Harvin Hines Hodges Kennedy Klauber Mattos McAbee McMahand Neal Phillips Robinson Rogers Scott Shissias Stille Stuart Townsend Tucker Waites Whipper White Wilder, J. Williams
Allison Anderson Bailey, G. Bailey, J. Baxley Brown, G. Brown, H. Cato Davenport Delleney Fair Farr Graham Hallman Harrelson Haskins Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Martin McElveen McLeod Meacham Moody-Lawrence Richardson Riser Rudnick Sheheen Simrill Smith, R. Spearman Stoddard Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkes Witherspoon Wofford Young, A.
So, the House refused to table the amendment.
Reps. HODGES, TUCKER, McMAHAND, J. HARRIS, CARNELL, ROGERS, SCOTT and WHITE objected to the Bill.
The following Bill was taken up.
S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF
Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20972SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 33-15-103(a) of the 1976 Code, as amended by Act 446 of 1990, is further amended to read:
"(a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporation name that satisfies the requirements of Section 33-15-106;
(2) the name of the state or country under whose law it is incorporated;
(3) its date of incorporation and period of duration;
(4) the street address of its principal office;
(5) the address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses of its current directors and officers;
(7) a statement of the aggregate number of shares which the corporation has authority to issue, itemized by classes and series, if any, within a class; and
(8) a certificate, signed by an attorney licensed to practice in this State, that, in the opinion of the attorney, all of the requirements of this section relating to the application for authorization of foreign corporations to do business in this State have been complied with."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 665 be read the third time tomorrow.
The following Bill was taken up.
S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7867BDW.94), which was adopted.
Amend the bill, as and if amended, Section 39-41-10, page 3, line 15, after /products/ by inserting /but does not include compressed natural gas or propane when dispensed or sold as a motor vehicle fuel/.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Printed Page 7380, May 26
| Printed Page 7400, May 26
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