Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, Who did without fail stay near to Abraham and Sarah in days of old and Who did carefully lead and protect the Israelites on their way to the Promised Land, be likewise our Companion while we are absent from this place. Watch over us and guard us from all harm and danger. Make us to listen to the voice of God with the same interest that we listen to the voice of the ballot box. With undaunted courage, may we always sow seeds of truth, understanding and good will, believing in its harvest according to Your mighty plans and purposes.
As we go our individual ways, guide us by Your unlimited wisdom, and shelter us in Your perpetual care. Enable us to hear God's voice to us: "As I was with Moses, so I will be with you; I will not fail you or forsake you" (Joshua 1:5b). 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.
June 1, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 986)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on June 1, 1988 regulations concerning Japanese Beetle Quarantine from the Clemson University - College of Agricultural Sciences.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The question of a quorum was raised.
A quorum was later present.
The Senate returned to the House with amendments the following:
H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.
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.
Rep. ELLIOTT made a statement relative to Rep. THRAILKILL.
Rep. THRAILKILL made a statement relative to his retirement from the House.
On motion of Rep. BARFIELD, Rep. THRAILKILL'S remarks were ordered printed in the Journal as follows:
Mr. Speaker, Ladies and Gentlemen of the House:
I want to thank Mr. Elliott and the Members of the Horry Delegation for their kind words about me and my family. I'm sure if Peggy were here, she would also thank you.
When I arrived here six years ago, I was filled with enthusiasm. Today I leave this hallowed hall with the same enthusiasm; even though I labored through this week with a heavy heart. I had to vote against my friends Pete Pearce, Dick and Liston on "local" bonded indebtedness. Not because the projects were not worthy and desirable, but I simply did not believe "local" bonding is a function of state government.
Over on the first floor of the Blatt Building is a plaque that begins with, "This building belongs to the people of South Carolina." I would also include the high office I hold to be in the same category. "My office belongs to the people of my District (106) and the people of South Carolina. Whatever actions and decisions I have made in the last six years have been predicated upon my resolve to protect, defend and speak for the interests of my constituents - and not any 'special interests'."
Finally, let me leave you with some very famous "words of wisdom" by a very famous and respected past President of the United States - Abraham Lincoln:
You cannot bring about prosperity by discouraging thrift.
You cannot strengthen the weak by weakening the strong.
You cannot help the wage-earner by pulling down the wage-pay or
You cannot further the brotherhood of man by encouraging class hatred. You cannot keep out of trouble by spending more than you earn. You cannot build character and courage by taking away man's initiative and independence. You cannot help men permanently by doing for them what they could and should do for themselves.
I want to personally thank you, Mr. Speaker and Mrs. Shealy and the staff, for your kindnesses and courtesies extended to me during the last six years; and I appreciate this opportunity to address this House.
Rep. THRAILKILL
The following was introduced:
H. 4350 -- Charleston Delegation: A HOUSE RESOLUTION COMMENDING OUR GOOD FRIEND AND COLLEAGUE IN THE HOUSE, THE HONORABLE EUGENE D. (GENE) FOXWORTH, JR., OF CHARLESTON COUNTY, FOR HIS DILIGENT AND DEDICATED SERVICE IN THIS BODY AND THANKING HIM FOR HIS FRIENDSHIP.
Whereas, our good friend and colleague in the House, the Honorable Eugene D. (Gene) Foxworth, Jr., of Charleston County, has served in this body since 1985; and
Whereas, Gene is not this year seeking re-election to the House; and
Whereas, he has rendered diligent and dedicated service as a member of the General Assembly and contributed much hard work to the business of this body; and
Whereas, he has been a good friend to us, and we will miss his service in this chamber very much. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend our good friend and colleague in the House, the Honorable Eugene D. (Gene) Foxworth, Jr., of Charleston County, for his diligent and dedicated service in this body and thank him for his friendship.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Eugene D. Foxworth, Jr., of Charleston County.
The Resolution was adopted.
Rep. AYDLETTE made a statement relative to Rep. FOXWORTH.
The following was introduced:
H. 4351 -- Reps. Rudnick, Gentry, Huff, Pettigrew and Sharpe: A HOUSE RESOLUTION COMMENDING OUR GOOD FRIEND AND COLLEAGUE, THE HONORABLE WILLIAM H. (BILLY) JONES OF AIKEN COUNTY, FOR HIS EXCELLENT SERVICE IN THE HOUSE OF REPRESENTATIVES, THANKING HIM FOR HIS FRIENDSHIP, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Whereas, our good friend and colleague, the Honorable William H. (Billy) Jones of Aiken County, has been a member of the South Carolina House of Representatives since 1981; and
Whereas, Billy has been an excellent representative and has always sought to do what is best for the people of our great State; and
Whereas, he has been a true friend to all of his colleagues and is a gentleman in every way and a dedicated, diligent public servant; and
Whereas, he is retiring from active legislative service this year and is going to be missed by his friends in this chamber very greatly. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend our good friend and colleague, the Honorable William H. (Billy) Jones of Aiken County, for his excellent service in the House of Representatives, thank him for his friendship, and wish him much success and happiness in all of his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to the Honorable William H. Jones of Aiken County.
The Resolution was adopted.
Rep. HUFF made a statement relative to Rep. JONES.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. SHORT made a statement relative to Rep. LEWIS.
Rep. LEWIS made a statement relative to his retirement from the House.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Lindsay and Moore of the Committee of Conference on the part of the Senate on H. 4025:
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Very respectfully,
President
No. 28
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4025:
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 53
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
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. 3983:
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 52
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1528:
S. 1528 -- Senators Moore and Shealy: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY EIGHTY-FOUR MILLS FOR FISCAL YEAR 1988-89 WHICH ONLY MAY BE USED FOR THE OPERATIONS OF THE SCHOOL DISTRICT.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3882:
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the amendments proposed by the House to H. 3882:
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4131, (R. 584) by a vote of: ayes 46, Nays 0.
(R584) H. 4131 -- Reps. Blanding, E.B. McLeod, G. Brown, Baxley and McElveen: AN ACT TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
Very respectfully,
President
No. 6
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., McConnell and Hayes of the Committee of Conference on the part of the Senate on S. 1:
S. 1 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE A UNIFORM MINIMUM COMPENSATION PLAN FOR MAGISTRATES AND THE FUNDING OF MAGISTRATES' COURTS; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO REVISE THE JURISDICTION; TO REPEAL SECTION 22-2-180 RELATING TO COMPENSATION OF MAGISTRATES; TO AMEND CHAPTER 11 OF TITLE 14, RELATING TO MASTERS AND REFEREES, BY ADDING SECTION 14-11-200 SO AS TO REQUIRE TESTIMONY IN ALL CASES INVOLVING TITLE TO REAL ESTATE TO BE TAKEN AND TRANSCRIBED AND IN ALL OTHER CASES TO BE TRANSCRIBED UPON REQUEST OF A PARTY OR IN THE DISCRETION OF THE MASTER-IN-EQUITY; TO AMEND SECTION 14-11-10, RELATING TO THE ESTABLISHMENT OF MASTER-IN-EQUITY COURTS IN THE COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE COURTS IN EACH COUNTY HAVING A POPULATION OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND AND FOR THE APPOINTMENT OF MASTERS-IN-EQUITY, TO DELETE AN OBSOLETE REFERENCE TO A DATE, AND TO PROVIDE FOR PART-TIME MASTERS-IN-EQUITY; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF TERMS OF MASTERS-IN-EQUITY, SO AS TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE INSTEAD OF THE GENERAL ASSEMBLY FOR A TERM OF SIX INSTEAD OF FOUR YEARS, TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO DESIGNATE PART-TIME AND FULL-TIME MASTERS-IN-EQUITY, TO ESTABLISH QUALIFICATIONS, TO PROVIDE THAT A MASTER-IN-EQUITY IS SUBJECT TO ASSIGNMENT AS NEEDED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROHIBIT A FULL-TIME MASTER-IN-EQUITY FROM ENGAGING IN THE PRACTICE OF LAW AND STANDING MASTERS-IN-EQUITY FROM SERVING AS PROBATE JUDGES, AND TO PROVIDE CONDITIONS UNDER WHICH A PART-TIME MASTER-IN-EQUITY MAY PRACTICE LAW; TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF MASTERS-IN-EQUITY, SO AS TO REVISE THE COMPENSATION, TO PROVIDE FOR THE OTHER EXPENSES OF THE MASTER-IN-EQUITY'S OFFICE, AND TO PROVIDE FOR THE APPOINTMENT OF EITHER A PART-TIME OR FULL-TIME MASTER-IN-EQUITY BASED UPON THE POPULATION OF THE COUNTY OR THE AREA SERVED; TO AMEND SECTION 14-11-60, RELATING TO THE FILLING OF A VACANCY, DISQUALIFICATION, OR DISABILITY IN THE OFFICE OF MASTER-IN-EQUITY, SO AS TO PROVIDE THAT A PRESIDING CIRCUIT COURT JUDGE, AFTER GOOD CAUSE BEING SHOWN AND UPON AGREEMENT OF THE PARTIES, MAY APPOINT A SPECIAL REFEREE WITH ALL THE POWERS OF A MASTER-IN-EQUITY WHO MUST BE COMPENSATED BY THE PARTIES INVOLVED IN THE ACTION; TO AMEND SECTION 14-11-90, RELATING TO THE POWERS OF A MASTER-IN-EQUITY, SO AS TO REVISE THE POWERS OF A MASTER-IN-EQUITY, PROVIDE THAT A MASTER-IN-EQUITY HAS THE SAME POWER AND AUTHORITY AS A CIRCUIT COURT JUDGE SITTING WITHOUT A JURY, PROVIDE THAT THE EQUITY COURT IS CONSIDERED A DIVISION OF THE CIRCUIT COURT AND THE MASTER-IN-EQUITY IS ENTITLED TO ALL BENEFITS AND ALL REQUIREMENTS IN THE SAME RESPECT AS CIRCUIT AND FAMILY COURT JUDGES, PROVIDE FOR THE MANNER IN WHICH A MASTER-IN-EQUITY MAY DECIDE ISSUES RAISED BY THE PLEADINGS AND PROOF, AND PROVIDE THAT APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY MUST BE TO THE CIRCUIT COURT UNLESS OTHERWISE DIRECTED BY ORDER OF THE CIRCUIT COURT OR BY CONSENT OF THE PARTIES; TO AMEND SECTION 14-11-140, RELATING TO THE POWERS OF MASTERS-IN-EQUITY INVOLVING THE PARTITION OF REAL OR PERSONAL PROPERTY, SO AS TO DELETE THE REFERENCES TO THE ADMEASUREMENT OF DOWER; TO AMEND SECTION 14-11-310, RELATING TO FEES COLLECTED BY MASTERS-IN-EQUITY, SO AS TO REVISE THE FEE SCHEDULE FOR ACTIONS HEARD BEFORE THE MASTER-IN-EQUITY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-30, RELATING TO THE AUTHORITY OF THE CHIEF JUSTICE OF THE SUPREME COURT TO APPOINT THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-40, RELATING TO THE TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO AUTHORIZE THE CHIEF JUSTICE OF THE SUPREME COURT TO DESIGNATE SOME OTHER MEMBER OF THE COURT TO SERVE ON THE COUNCIL DURING HIS TERM OF OFFICE, AND TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE PROBATE COURTS AND TO PROVIDE FOR THE TERMS; TO REPEAL SECTION 14-11-320 RELATING TO COMPENSATION OF REFEREES; TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 8, RELATING TO PROBATE FEES AND COSTS, BY ADDING SECTIONS 8-21-765, 8-21-766, AND 8-21-795 SO AS TO ESTABLISH A SALARY SCHEDULE FOR PROBATE JUDGES BASED ON THE POPULATION OF THE COUNTY IN WHICH THEY SERVE WHICH MUST BE FUNDED BY THE GENERAL ASSEMBLY, PROVIDE THAT ALL PROBATE JUDGES WHO, ON JULY 1, 1988, ARE MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM REMAIN MEMBERS OF THESE SYSTEMS, AND PROVIDE THAT ALL FEES, AFTER JUNE 30, 1988, TO WHICH THE PROBATE COURT IS ENTITLED PURSUANT TO SECTION 8-21-790 MUST BE TRANSFERRED TO THE STATE TREASURER AND DEPOSITED IN THE GENERAL FUND; TO AMEND SECTION 8-21-760, RELATING TO THE SALARIES OF PROBATE JUDGES, SO AS TO REQUIRE THE GOVERNING BODY OF EACH COUNTY TO FUND THE OPERATIONS OF THE PROBATE COURT IN THAT COUNTY EXCEPT FOR THE SALARIES OF JUDGES; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISIONS GOVERNING A BENEFICIARY OF THE STATE RETIREMENT SYSTEM RETURNING TO THE SERVICE OF THE STATE, SO AS TO AUTHORIZE A RETIRED JUSTICE OR JUDGE TO BE CALLED UPON AND APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PERFORM JUDICIAL DUTIES IN PROBATE COURTS.
Very respectfully,
President
No. 29
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., McConnell and Hayes of the Committee of Conference on the part of the Senate on H. 2752:
H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
Very respectfully,
President
No. 30
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Applegate and Fielding of the Committee of Conference on the part of the Senate on H. 2947:
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
Very respectfully,
President
No. 31
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1353, and the Report having been adopted by both Houses,
S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 54
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. ARTHUR the invitation was accepted.
At 10:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R731) S. 725 -- Senator Mitchell: AN ACT TO AMEND SECTION 58-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; TO AMEND SECTION 58-25-30, RELATING TO DISSOLUTION OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT PROCEEDS FROM THE DISPOSAL OF RESOURCES MUST BE DISTRIBUTED AMONG THE AUTHORITY'S MEMBERS PROPORTIONATE TO THEIR FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND TO PROVIDE METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
(R732) S. 1461 -- Senator Pope: AN ACT TO AMEND ACT 119 OF 1963, AS AMENDED, RELATING TO THE NEWBERRY COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERS OF THE AUTHORITY, ONE FROM EACH COUNTY COUNCIL DISTRICT, TO BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE NEWBERRY COUNTY COUNCIL MEMBERS INSTEAD OF THE LEGISLATIVE DELEGATION; TO LIMIT THE CONSECUTIVE TERMS TO TWO; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE PRESENT MEMBERS AND FOR THE INITIAL TERMS OF THE MEMBERS PROVIDED FOR IN THIS ACT.
(R733) S. 411 -- Senators Bryan, Lourie, Leventis, Thomas, Fielding, Waddell, Wilson, Powell, Lindsay, Pope, Patterson, Mitchell, Nell W. Smith, Long, Hayes, Horace C. Smith, Setzler, Saleeby, Land, Drummond, Dennis, McLeod, Martin and Giese: AN ACT TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ANNEXATION AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-300 SO AS TO AUTHORIZE AN ADDITIONAL METHOD OF ANNEXATION WHICH MAY BE INITIATED BY A PETITION OF TWENTY-FIVE PERCENT OR MORE OF THE RESIDENT FREEHOLDERS IN AN AREA CALLING FOR AN ELECTION IN A PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL COUNCIL SHALL GIVE PUBLIC NOTICE THAT IT INTENDS TO ANNEX THE AREA, PROVIDE THAT NOTICE OF THE ELECTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY, PROVIDE THAT IF A PETITION IS NOT SUBMITTED WITHIN THIRTY DAYS AFTER NOTICE IS GIVEN AN ELECTION MUST BE HELD WITHIN A MUNICIPALITY TO APPROVE THE ANNEXATION, PROVIDE THAT THE ANNEXATION IS NOT EFFECTIVE UNLESS APPROVED BY THE ELECTORS IN THE MUNICIPALITY WHEN THE PETITION IS SUBMITTED, PROVIDE THAT ANY FREEHOLDER WHO OWNS TWENTY-FIVE PERCENT OR MORE OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA TO BE ANNE%ED SHALL RECEIVE WRITTEN NOTICE OF THE ANNEXATION AND IF HE FILES WRITTEN OBJECTION TO THE INCLUSION OF HIS PROPERTY IN THE AREA TO BE ANNEXED HIS PROPERTY MUST BE EXCLUDED FROM THE ANNEXATION, TO PROVIDE FOR THE DEFINITION OF "AGRICULTURAL REAL PROPERTY", TO AUTHORIZE THE MUNICIPAL CLERK TO REQUIRE THE FREEHOLDER TO GIVE WRITTEN AUTHORIZATION TO VERIFY FARM INCOME AND TO PROVIDE THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER OF THE TRACT AND ALLOW VERIFICATION OF THIS NUMBER; BY ADDING SECTION 5-3-310 SO AS TO PROVIDE A PROCEDURE AND CONDITIONS WHERE A MUNICIPALITY ANNEXES PART OR ALL OF A SPECIAL PURPOSE DISTRICT, SPECIAL TAXING DISTRICT, OR ASSESSMENT DISTRICT; BY ADDING SECTION 5-3-311 SO AS TO AUTHORIZE AN ANNEXING MUNICIPALITY AND A DISTRICT TO FORMULATE AN AGREEMENT REGARDING THE ANNEXATION OF ALL OR PART OF THE DISTRICT, TO PROVIDE THE CONDITIONS OF THE AGREEMENT; BY ADDING SECTION 5-3-312 SO AS TO PROVIDE THAT THE PLAN FORMULATED UNDER THE PROVISIONS OF THIS CHAPTER MUST SEEK TO BALANCE THE EQUITIES AND INTERESTS OF THE RESIDENTS AND TAXPAYERS OF THE ANNEXED AREA AND OF THE AREA OF THE DISTRICT NOT ANNEXED, TO PROVIDE FACTORS WHICH MUST BE USED IN FORMULATING THE PLAN; BY ADDING SECTION 5-3-313 SO AS TO REQUIRE THE AUDITOR AND TREASURER OF THE COUNTY IN WHICH THE ANNEXED AREA IS LOCATED TO TAKE SUCH ACTION AS IS APPROPRIATE TO CONFORM WITH THE PLAN FINALLY ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS CHAPTER; BY ADDING SECTION 5-3-314 SO AS TO PROHIBIT THE DISTURBANCE OF THE OBLIGATION BETWEEN A DISTRICT AND ITS GENERAL OBLIGATION BONDHOLDERS, HOLDERS OF COUNTY BONDS BY ANY PLAN WHICH IS FINALLY ESTABLISHED; AND BY ADDING SECTION 5-3-315 SO AS TO AUTHORIZE ANY DISTRICT AFFECTED BY THE PROPOSED ANNEXATION TO CONDUCT A PUBLIC HEARING WITHIN SIXTY DAYS BEFORE THE REQUIRED ELECTION, AND REQUIRE THE DISTRICT TO GIVE AT LEAST FOURTEEN DAYS' NOTICE OF THE TIME AND PLACE OF THE PUBLIC HEARING IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE AREA PROPOSED TO BE ANNEXED.
(R734) H. 3931 -- Rep. Helmly: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-65 SO AS TO PROVIDE FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO ESTABLISH ADVISORY COMMITTEES.
(R735) H. 3925 -- Rep. McLellan: AN ACT TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, PROVIDE FOR THE BUDGET AND CONTROL BOARD TO PROMULGATE REGULATIONS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS INCLUDING THE GRESSETTE AND BLATT BUILDINGS.
(R736) H. 3983 -- Education and Public Works Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS AND THE TERMS OF NEW MEMBERS; TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION; AND TO PROVIDE FOR THE COMMISSION TO CONDUCT A STUDY OF OUT-OF-STATE AND IN-STATE STUDENT ENROLLMENTS IN SOUTH CAROLINA AND NEIGHBORING STATES AND TO REPORT TO THE GENERAL ASSEMBLY.
(R737) H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington, Mappus, Kohn and J. Bradley: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION.
(R738) H. 4009 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 14-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK OF THE COURT OF COMMON PLEAS SERVING AS CLERK OF ALL COURTS OF RECORD, SO AS TO INCLUDE THE FAMILY COURT.
(R739) H. 3561 -- Reps. P. Harris, J. Harris, Aydlette and Carnell: AN ACT TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO INCREASE THE REQUIREMENTS THAT MUST BE MET IN THE PROTECTION AND ADVOCACY OF THE RIGHTS OF DEVELOPMENTALLY DISABLED PERSONS.
(R740) H. 3833 -- Rep. Fair: AN ACT TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE STATE RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE, SO AS TO PROVIDE AN ALTERNATIVE OPTIONAL METHOD UNDER WHICH THESE MEMBERS ARE AUTHORIZED TO PURCHASE ADDITIONAL SERVICE CREDIT; AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, BY ADDING SECTION 9-11-65 SO AS TO MAKE THE ABOVE OPTION ALSO AVAILABLE TO MEMBERS OF THIS SYSTEM UNDER SPECIFIED CONDITIONS.
(R741) H. 3968 -- Rep. J.C. Johnson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-125 SO AS TO PROVIDE THAT WHEN A VENDOR SELLS ITEMS TO A PURCHASER, THE COST OF WHICH OR PART OF THE COST OF WHICH WILL BE PAID BY MEDICARE OR MEDICAID, THE VENDOR SHALL PAY SALES TAX ONLY ON THE NET AMOUNT REIMBURSED BY MEDICARE OR MEDICAID IF THE VENDOR BY LAW IS PROHIBITED FROM CHARGING THE PURCHASER THE DIFFERENCE BETWEEN THE RETAIL SALES PRICE AND THE AMOUNT REIMBURSED.
(R742) H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
(R743) H. 3380 -- Reps. Wilkins, Huff, Hayes, McElveen and Limehouse: AN ACT TO AMEND SECTION 29-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO PROVIDE FOR THE SUPERIORITY OF THE LIEN OF A PERSON WHO HAS FURNISHED LABOR, SERVICES, OR MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS TO REAL PROPERTY; AND TO AMEND SECTION 29-5-70, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE FOR UNENFORCEABLE LIENS CLAIMED BY ANY MECHANIC OR MATERIALMAN FURNISHING LABOR, SERVICES, OR MATERIAL AND PROVIDE EXCEPTIONS.
(R744) H. 4004 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT.
(R745) H. 3473 -- Rep. Elliott: AN ACT TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT AFTER AN INITIAL APPLICATION FOR CLASSIFICATION OF PROPERTY AS A LEGAL RESIDENCE IS FILED, NO FURTHER APPLICATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE CLASSIFICATION OF THE PROPERTY CHANGES, TO REQUIRE NOTIFICATION TO THE ASSESSOR WITHIN SIX MONTHS WHEN PROPERTY USE CHANGES, AND TO ESTABLISH MINIMUM AND MAXIMUM PENALTIES FOR FAILING TO NOTIFY THE ASSESSOR IN A TIMELY MANNER.
(R746) H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS; REDUCE A PRIOR CAPITAL IMPROVEMENT BOND AUTHORIZATION FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA; DEAUTHORIZE BONDS AUTHORIZED FOR CLEMSON PSA; INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; REQUIRE THE STAFF OF THE STATE BUDGET AND CONTROL BOARD TO DEVISE A PROCEDURE TO MONITOR PROJECT AUTHORIZATIONS FOR ARCHITECTURAL AND ENGINEERING WORK; PROVIDE FOR THE ARRANGEMENT OF A SCHEDULE OF DRAWS OF THE CAPITAL IMPROVEMENT BOND FUNDS BY THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 59-53-153, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE SPECIAL OBLIGATION BONDS PAYABLE FROM A SPECIAL STUDENT FEE, SO AS TO REQUIRE THAT THERE MAY NOT BE OUTSTANDING AT ANY TIME BONDS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR ANY COLLEGE IN EXCESS OF FOUR MILLION DOLLARS; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE, OR THEIR DESIGNEES, TO DEVISE PROCEDURES FOR AUTHORIZATIONS OF LEASES OR LEASE PURCHASES, OR BOTH, AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON THE PROCEDURE BY FEBRUARY 1, 1989; TO PROVIDE THAT IT IS THE INTENTION OF THE GENERAL ASSEMBLY TO ENACT LEGISLATION IN ITS 1989 SESSION PROVIDING FOR CONSIDERATION OF CAPITAL IMPROVEMENT BOND BILLS IN ODD-NUMBERED YEARS WITH THE FIRST BILL BEING CONSIDERED IN 1991; TO AMEND SECTION 59-53-57, RELATING TO STATE FUNDS FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM APPROPRIATED TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION BY THE GENERAL ASSEMBLY, SO AS TO AUTHORIZE THE BOARD AND INSTITUTIONS TO RECEIVE STATE FUNDS FOR CAPITAL FACILITIES REQUIRING A MINIMUM OF TWENTY PERCENT OF EACH PROJECT COST TO BE PROVIDED BY THE LOCAL SUPPORT AREA AND TO PROVIDE EXCEPTIONS; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DEAUTHORIZE AND REDUCE PRIOR DEPARTMENTAL BOND AUTHORIZATIONS FOR THE DEPARTMENT OF MENTAL RETARDATION; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-130 SO AS TO PROVIDE THAT FUNDS AUTHORIZED BY THE GENERAL ASSEMBLY FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY MAY BE EXPENDED ONLY IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY INCLUDING, BUT NOT LIMITED TO, MUNICIPALITIES OR COUNTIES OR A COMBINATION OF GOVERNMENTAL ENTITIES OR BY SEPARATE AUTHORITY WHOSE MEMBERSHIP IS CONTROLLED BY A GOVERNMENTAL ENTITY.
(R747) H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF INDIVIDUAL SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.
(R748) H. 2957 -- Reps. Hodges and Clyborne: AN ACT TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF RECEIVING STOLEN GOODS, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF THE GOODS RECEIVED WHICH VESTS JURISDICTION IN THE CASE TO MAGISTRATES' COURTS, TO RESTATE THE OFFENSE IN MODERN LANGUAGE, TO PROVIDE FOR INCREASED PENALTIES WHEN THE VALUE OF THE STOLEN GOODS RECEIVED EXCEEDS ONE HUNDRED DOLLARS, TO MAKE IT A FELONY FOR A SECOND OR SUBSEQUENT CONVICTION OF RECEIVING STOLEN GOODS OR ANY CONVICTION WHEN THE VALUE OF THE STOLEN GOODS RECEIVED EXCEEDS ONE THOUSAND DOLLARS, TO PROVIDE THAT NO PART OF THE MINIMUM SENTENCE OF IMPRISONMENT MAY BE SUSPENDED FOR A THIRD OR SUBSEQUENT OFFENSE, AND TO PROVIDE THAT THE RECEIPT OF MULTIPLE STOLEN ITEMS IN A SINGLE TRANSACTION OR EVENT CONSTITUTES A SINGLE OFFENSE.
(R749) H. 3735 -- Reps. Hodges, Mappus and Limehouse: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION AND TO PROVIDE A PENALTY FOR VIOLATIONS; TO AMEND SECTION 38-77-340, RELATING TO EXCLUDING DESIGNATED NATURAL PERSONS FROM MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO CORRECT REFERENCES; TO AMEND SECTIONS 38-73-455, 56-10-270, AS AMENDED, AND 38-77-280, AS AMENDED, RELATING TO MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, OPERATING AN UNINSURED VEHICLE, AND PHYSICAL DAMAGE COVERAGE, SO AS TO DELETE REFERENCES TO A REPEALED CODE SECTION AND INCREASE THE PENALTIES FOR OPERATING AN UNINSURED MOTOR VEHICLE; AND TO REPEAL SECTION 56-10-60, RELATING TO EXCLUSION OF PERSONS FROM MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.
(R750) H. 4182 -- Reps. Hearn, T. Rogers, Humphries, J. Bradley, M.D. Burriss, Foxworth, Wilkins, Winstead and Dangerfield: AN ACT TO AMEND SECTION 12-35-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT FROM THE TAX TANGIBLE PERSONAL PROPERTY AND EXHIBITION RENTALS PURCHASED FROM SOURCES OUTSIDE THIS STATE BY CHARITABLE, ELEEMOSYNARY, OR GOVERNMENTAL ORGANIZATIONS OPERATING MUSEUMS IF THE PROPERTY PURCHASED OR LEASES ENTERED INTO ARE DIRECTLY RELATED TO MUSEUM PURPOSES.
(R751) H. 3701 -- Reps. Winstead and Edwards: AN ACT TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING. IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.
(R752) H. 4238 -- Reps. Hendricks, Simpson and L. Martin: AN ACT TO AMEND ACT 609 OF 1984, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD SHALL ADOPT RULES AND GUIDELINES REGARDING THE DISTRIBUTION OF THE MONTHLY EXPENSE ALLOWANCE OF MEMBERS OF THE BOARD.
(R753) H. 3779 -- Rep. Wilkins: AN ACT TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE TO THE DEPARTMENT OF YOUTH SERVICES AND THE REFERENCE TO FELONY TO VIOLENT CRIME.
(R754) H. 4289 -- Oconee Delegation: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1988 GENERAL ELECTION 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.
(R755) H. 2680 -- Rep. McTeer: AN ACT TO AMEND SECTION 13-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARK'S HILL-RUSSELL AUTHORITY, SO AS TO CHANGE THE NAME TO THE SAVANNAH VALLEY AUTHORITY; TO AMEND SECTION 13-9-30, RELATING TO THE POWERS AND DUTIES OF THE BOARD AND THE AUTHORITY, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND DUTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-9-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE POWERS AND DUTIES OF THE AUTHORITY MAY BE EXERCISED.
At 11:00 A.M. the House resumed, the SPEAKER in the chair.
The Senate returned to the House with amendments the following:
H. 3453 -- Rep. Hayes: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY BY ADDING SECTION 16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON UNSOLICITED CONSUMER TELEPHONE CALLS TO RESIDENCES, PROHIBIT THE MAKING OF UNSOLICITED CONSUMER TELEPHONE CALLS TO CERTAIN SUBSCRIBERS, AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION.
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. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".
Rep. WASHINGTON proposed the following Amendment No. 1 (Doc. No. 4529J).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. There shall be no discrimination in this State by any means or in any manner whatsoever, against any licensed health care provider licensed by the State with respect to diagnosis and treatment of condition nor shall referral of any type be a condition precedent for care by a licensed health care provider./
Renumber sections to conform.
Amend title to conform.
Rep. WASHINGTON explained the amendment.
Rep. L. MARTIN raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. J. BRADLEY explained the Bill.
Rep. L. MARTIN made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. J. ROGERS moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, K. Barfield Baxley Blanding Bradley, J. Brown, C. Brown, J. Dangerfield Davenport Derrick Elliott Faber Gordon Haskins Hayes Holt Jones Keyserling Kirsh Kohn Lewis Limehouse Martin, D. McElveen Neilson Pettigrew Rogers, J. Rogers, T. Rudnick Sheheen Short Taylor Washington Whipper Wilder Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Brown, H. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corning Day Edwards Fair Foxworth Harris, J. Harris, P. Hearn Helmly Hendricks Huff Humphries Johnson, J.C. Kay Klapman Lanford Lockemy Mappus Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McLeod, E.B. Nesbitt Nettles Petty Phillips, O. Rice Simpson Snow Stoddard Thrailkill Tucker Wells Wilkins
So, having failed to receive the necessary vote the House refused to waive Rule 5.14.
The Senate Amendments were then ordered placed on the Calendar.
The Senate returned to the House with amendments the following:
S. 1194 -- Senators Thomas E. Smith, Jr., Bryan, Hayes and Fielding: A BILL TO AMEND SECTION 62-1-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS BY A HOLDER OF A GENERAL POWER OF APPOINTMENT, SO AS TO DEFINE THE TERM "PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT"; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE SUBJECT MATTER OF JURISDICTION OF THE PROBATE COURTS, SO AS TO REVISE CERTAIN ASPECTS OF THIS JURISDICTION; TO AMEND SECTION 62-1-306, RELATING TO JURY TRIALS IN THE PROBATE COURT, SO AS TO FURTHER PROVIDE FOR THE SITUATIONS WHEN JURY TRIALS MAY BE DEMANDED AND THE MANNER IN WHICH THESE TRIALS MAY BE WAIVED; TO AMEND SECTION 62-3-1201, AS AMENDED, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO PERMIT CERTAIN ESTATES UNDER TEN THOUSAND DOLLARS NOT TO BE ADMINISTERED; TO AMEND SECTION 62-5-102, RELATING TO JURISDICTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO CLARIFY THAT THE PROBATE COURT HAS JURISDICTION OF CERTAIN PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS; TO AMEND SECTION 62-5-402, RELATING TO PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THE JURISDICTION OF THE PROBATE COURT AND OTHER COURTS WITH REGARD TO CERTAIN CLAIMS AND ISSUES IN THESE PROCEEDINGS; TO AMEND SECTION 62-5-411, RELATING TO BONDS IN PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THESE BONDING REQUIREMENTS; TO AMEND SECTION 62-5-424, RELATING TO POWERS OF A CONSERVATOR, SO AS TO REVISE HIS AUTHORITY TO PAY, CONTEST, OR SETTLE CERTAIN CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433 SO AS TO PROVIDE THAT THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO APPROVE THE SETTLEMENT OF CLAIMS IN EXCESS OF TEN THOUSAND DOLLARS FOR OR AGAINST ANY MINOR OR INCAPACITATED PERSON FOR THE PAYMENT OF MONEY OR THE POSSESSION OF PERSONAL PROPERTY, TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT WHERE THESE CLAIMS DO NOT EXCEED TEN THOUSAND DOLLARS, AND TO PROVIDE THE PROCEDURES TO BE FOLLOWED IN SETTLING THESE CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-211 SO AS TO ALLOW THE COURT TO CONSOLIDATE OR DIVIDE TRUSTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-7-302, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THIS STANDARD OF CARE; TO AMEND SECTION 62-7-418, RELATING TO CHARGES WHICH MUST BE MADE AGAINST PRINCIPAL, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-72-10 SO AS TO CONFORM THE JURISDICTION OF THE CIRCUIT COURT TO THE PROVISIONS OF SECTION 62-5-433; AND TO REPEAL SECTION 62-3-1202, RELATING TO THE EFFECT OF AFFIDAVITS WITH RESPECT TO PERSONAL PROPERTY.
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.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1549 -- Senators Long, Hayes and Lourie: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE UNITED STATES HIGHWAY 17 BYPASS IN HORRY COUNTY BEGINNING AT THE DUNES CLUB AND ENDING AT GARDEN CITY AS THE "MARK GARNER EXPRESSWAY".
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1549 -- Senators Long, Hayes and Lourie: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE UNITED STATES HIGHWAY 17 BYPASS IN HORRY COUNTY BEGINNING AT THE DUNES CLUB AND ENDING AT GARDEN CITY AS THE "MARK GARNER EXPRESSWAY".
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Department of Highways and Public Transportation is requested to name the United States Highway 17 Bypass in Horry County beginning at the Dunes Club and ending at Garden City as the "Mark Garner Expressway".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1551 -- Senator Lourie: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROMOTE PROGRAMS DURING NEW ROAD CONSTRUCTION TO USE NATIVE PLANTS OR SEEDLINGS (WILDFLOWERS) IN ROADSIDE LANDSCAPING WHEREVER POSSIBLE.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1551 -- Senator Lourie: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROMOTE PROGRAMS DURING NEW ROAD CONSTRUCTION TO USE NATIVE PLANTS OR SEEDLINGS (WILDFLOWERS) IN ROADSIDE LANDSCAPING WHEREVER POSSIBLE.
Whereas, the use of native plants or seedlings (wildflowers) during new road construction in roadside landscaping has economical and aesthetic benefits and promotes pride in the environment and conservation of native flora; and
Whereas, highway maintenance crews should be educated and made aware of the management of existing colonies of native plants that can become a part of roadside landscaping; and
Whereas, all this should constitute a plan to increase public awareness in the native environment and to increase awareness of the need for proper litter pick-up and disposal while also saving in long-range cost adjustments in maintenance practices of the Department; and
Whereas, the great abundance of wildflowers planted in the yards and along the roadways on Sullivan's Island in Charleston County provides an excellent example right here in the Palmetto State of the charm and loveliness and other benefits of such a project. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request the Department of Highways and Public Transportation to promote programs during new road construction to use native plants or seedlings (wildflowers) in roadside landscaping whenever possible.
Be it further resolved that a copy of this resolution be forwarded to the State Highways and Public Transportation Commission and the executive director of the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The Senate sent to the House the following:
S. 1560 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LANDER COLLEGE MEN'S TENNIS TEAM, KNOWN AS THE SENATORS, UPON WINNING THE NAIA NATIONAL MEN'S TEAM TENNIS TITLE ON FRIDAY, MAY 27, 1988, IN KANSAS CITY, MISSOURI.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4352 -- Rep. Sheheen: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE WILLIAM GABRIEL ROSCOE OF KERSHAW COUNTY UPON THE OUTSTANDING JOB HE HAS DONE WITH THE CAMDEN POLICE DEPARTMENT ON THE OCCASION OF HIS RETIREMENT ON JUNE 30, 1988, AFTER THIRTY-ONE YEARS OF SERVICE.
The Resolution was adopted.
The following was introduced:
H. 4353 -- Reps. L. Phillips and Boan: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION AND BEST WISHES OF THE HOUSE OF REPRESENTATIVES TO A. W. "WILL" UTSEY, JR., DIRECTOR OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, UPON HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4354 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND MR. JAMES BRYANT COAXUM FOR HIS THIRTY-FIVE YEARS OF OUTSTANDING SERVICE IN THE SOUTH CAROLINA PUBLIC SCHOOL SYSTEM UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4355 -- Reps. Sheheen, J. Rogers and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1988, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 7, 8, 9, 10, 14, 15, 16, AND 17, 1988, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT THEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 17, 1988, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 10:00 A.M. ON MONDAY, JUNE 20, 1988, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 20 THROUGH JUNE 23, 1988, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 23, 1988, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code section, to permit the General Assembly to continue in session under the following terms and conditions:
(1) When the respective Houses adjourn on Thursday, June 2, 1988, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 7, 8, 9, 10, 14, 15, 16, and 17, 1988, for consideration of local and uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
(2) When the respective Houses of the General Assembly adjourn on June 17, 1988, they shall stand adjourned to meet in regular statewide session at 10:00 a.m. Monday, June 20, 1988, and may continue in session daily for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointments of conference and free conference committees;
(d) consideration of conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous.
(3) When the.General Assembly adjourns on Thursday, June 23, 1988, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4356 -- Orangeburg Delegation: a CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA STATE COLLEGE GOLF TEAM UPON THEIR WINNING THEIR SECOND STRAIGHT NATIONAL MINORITY COLLEGE GOLF CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1556 -- Senators Garrison, Dennis, Setzler and Waddell: A CONCURRENT RESOLUTION REQUESTING THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO LAMINATE HUNTING AND FISHING LICENSES ISSUED TO PERSONS SIXTY-FIVE YEARS AND OLDER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1557 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF MRS. BARBARA WISCHAN MOXON OF COLUMBIA, RICHLAND COUNTY, AND TO COMMEND HER ESPECIALLY FOR COORDINATING THE EFFORT TO MAKE SOUTH CAROLINIANS AWARE OF THE NEED FOR COMPREHENSIVE HEALTH EDUCATION IN OUR SCHOOLS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1558 -- Senator Garrison: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. DESPO PLUMPIDES STATHAKIS OF ANDERSON COUNTY WHO DIED ON MONDAY, MAY 30, 1988.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1559 -- Senators Land, Lourie, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Long, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING MR. JOHN E. NABORS OF LEXINGTON COUNTY FOR HIS MANY YEARS OF EXCELLENT PUBLIC SERVICE IN CONNECTION WITH HIS EMPLOYMENT WITH THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION AND EXTENDING HIM BEST WISHES FOR SUCCESS AND HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1563 -- Senator Russell: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SPARTANBURG COUNTY HISTORICAL SOCIETY AND THE PEOPLE OF SPARTANBURG ON THE OCCASION OF THE TWO HUNDRED TWENTY-FIFTH ANNIVERSARY OF THE FOUNDING OF WALNUT GROVE PLANTATION IN SPARTANBURG COUNTY IN CELEBRATIONS SCHEDULED FOR OCTOBER 16, 1988.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4357 -- Rep. Hayes: A BILL TO PROVIDE FOR AN ADDITIONAL MAGISTRATE FOR YORK COUNTY, AND TO PROVIDE FOR HIS TERM, JURISDICTION, AND JURY AREA.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1543 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
On motion of Rep. HAYES, with unanimous consent, it was ordered that H. 4357 be read the second and third times the next two successive legislative days.
The Senate returned to the House with amendments the following:
S. 1524 -- Senators Waddell and Lindsay: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1988, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 7, 8, 9, 10, 14, 15, 16, AND 17, 1988, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 17, 1988, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 10:00 A.M. ON MONDAY, JUNE 20, 1988, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 20 THROUGH JUNE 23, 1988, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 23, 1988, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.
The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Jones Kay Keyserling Kirsh Klapman Kohn Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on June 2, 1988.
John G. Felder Larry E. Gentry Larry Koon J.W. Johnson J.H. Burriss
STATEMENT OF ATTENDANCE
Reps. KOON and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, June 1, 1988.
Reps. BEASLEY, GENTRY 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, May 26, 1988.
Announcement was made that Dr. Thomas Whitaker of Myrtle Beach is the Doctor of the Day for the General Assembly.
The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1541 -- Senator Long: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE TIME OF THE 1988 GENERAL ELECTION FOR THE REGISTERED ELECTORS OF HORRY COUNTY ON THE QUESTION CONCERNING WHETHER OR NOT THE ELECTORS WISH TO CHANGE THE METHOD OF ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY FROM ELECTION AT LARGE TO ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS.
S. 1454 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTIONAL ASSISTANCE: PALMETTO FELLOWS SCHOLARSHIP PROGRAM AND IMPROVING UNDERGRADUATE INSTRUCTION - COMPETITIVE GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 975, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1453 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING OF NONPUBLIC INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 998 -- Senator McConnell: A BILL TO AMEND SECTION 40-51-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND EXAMINATION OF APPLICANTS TO PRACTICE PODIATRY, SO AS TO DELETE THE PROVISIONS ON TEMPORARY LICENSES.
S. 1455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO FILING OF A CONSOLIDATED RETURN FOR TWO OR MORE CORPORATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 1430 -- Senator Hayes: A BILL TO AMEND ACT 176 OF 1987, RELATING TO THE ESTABLISHMENT OF THE LAKE WYLIE MARINE COMMISSION, SO AS TO MAKE TECHNICAL CHANGES.
The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1286 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 135 IN TITLE 59, RELATING TO EDUCATION, SO AS TO ENACT THE SCHOOL-BASED ENTERPRISE ACT AND TO ESTABLISH THE SCHOOL-BASED ENTERPRISE INTERAGENCY BOARD AND THE SCHOOL-BASED ENTERPRISE ADVISORY COUNCIL TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER.
S. 1398 -- Senator McLeod: A BILL TO AMEND CHAPTER 43, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUEFIED PETROLEUM GASES, SO AS TO CHANGE AND ADD DEFINITIONS AND TO REVISE PROCEDURES FOR REGULATING THE USE OF LIQUEFIED PETROLEUM GASES, TO CHANGE INSURANCE REQUIREMENTS, AND TO DELETE REQUIREMENTS FOR THE IDENTIFICATION OF VEHICLES POWERED BY LIQUEFIED PETROLEUM GAS.
S. 1220 -- Senators Land, Garrison, Peeler and Macaulay: A BILL TO AMEND SECTION 56-3-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO PROVIDE FOR AN ANNUAL FEE OF TWELVE DOLLARS RATHER THAN SIX DOLLARS, AND TO PROVIDE THAT HOUSE TRAILERS PERMITTED TO BE MOVED OVER THE HIGHWAYS UNDER SPECIAL PERMITS ISSUED PURSUANT TO CERTAIN PROVISIONS OF LAW, WITH CERTAIN STATED EXCEPTIONS, SHALL PAY A FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP; TO AMEND SECTION 56-5-4180, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SO AS TO DELETE ALL THE PROVISIONS DEALING WITH THIS OPEN-END PERMIT, TO PROVIDE FOR THE ISSUANCE OF MULTIPLE TRIP PERMITS FOR THE MOVING OF OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS OVER SPECIFIED STATE HIGHWAYS, TO PROVIDE FOR A FEE FOR THIS PERMIT, AND TO PROVIDE, AMONG OTHER THINGS, THAT IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY PROVISION, TERM, OR CONDITION OF THE MULTIPLE TRIP PERMIT; TO AMEND SECTION 56-5-4200, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS AND TO REPORTS, FEES, AND RECORDS, SO AS TO PROVIDE FOR THE FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP, REQUIRED TO BE PAID PURSUANT TO SECTION 56-3-710; AND TO AMEND SECTION 56-5-4170, RELATING TO MOTOR VEHICLES AND PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO PROVIDE FOR A PERMIT FEE OF TEN DOLLARS, RATHER THAN FIVE DOLLARS, IN CONFORMANCE WITH THE CHANGE MADE IN SECTION 56-3-710.
S. 1438 -- Senators Saleeby, Peeler, Lee and Land: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATIONS OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE WHICH RESULTS IN A REQUIRED REPORT.
S. 1534 -- Senators McLeod, Matthews and Waddell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OR OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES, WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4270 -- Rep. Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO PROVIDE A NO-WAKE ZONE FROM ONE HUNDRED YARDS NORTH OF MARKER 40 TO MARKER 41 ON THE NEW RIVER IN BEAUFORT COUNTY.
The following Bill was taken up.
S. 1166 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT A PUBLIC SCHOOL ADMINISTRATOR, PRINCIPAL, COUNSELOR, OR TEACHER WHO SUSPECTS A STUDENT OF USING ALCOHOL OR ANY OTHER NONPRESCRIPTION DRUG, AND WHO IN GOOD FAITH NOTIFIES THE STUDENT'S PARENT OR LEGAL GUARDIAN OF THIS FACT IS NOT LIABLE FOR CIVIL DAMAGES.
Rep. HASKINS, with unanimous consent, proposed the following Amendment No. 1, which was adopted.
Amend as and if amended, page 1166-2, line 30, by adding after /Alcohol/ the following:
/,controlled substance, prescription/
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. KLAPMAN having the floor.
S. 1513 -- Senators Shealy, Wilson and Setzler: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Rep. T. ROGERS moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 489 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 31, PART II OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, RELATING TO INSURANCE COMPANY LICENSE FEES AND PREMIUM TAXES, SO AS TO REMOVE DIVIDENDS FROM THE COMPUTATION OF TOTAL PREMIUMS FOR PURPOSES OF THE PREMIUM TAX AND TO PROVIDE THAT RETALIATORY PROVISIONS APPLY TO A FOREIGN INSURER TRANSACTING BUSINESS IN THIS STATE REGARDLESS OF WHETHER A SIMILAR SOUTH CAROLINA INSURER IS LICENSED TO TRANSACT BUSINESS IN THE FOREIGN COMPANY'S STATE OF DOMICILE, TO PROVIDE THAT COMPARISONS OF TAXES AND OTHER OBLIGATIONS MUST BE BASED ON AN ITEM-BY-ITEM COMPARISON BETWEEN SOUTH CAROLINA TAXES AND OBLIGATIONS AND SIMILAR TAXES AND OBLIGATIONS OF THE FOREIGN INSURER'S STATE OF DOMICILE, AND TO PROVIDE THAT MUNICIPAL TAXES AND FEES MAY NOT BE CONSIDERED IN THE COMPARISONS.
Rep. BEASLEY moved to continue the Bill, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 618, immediate cloture having been ordered.
S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.
Rep. HEARN moved to table the Bill, which was agreed to.
Rep. LEWIS moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill.
S. 1194 -- Senators Thomas E. Smith, Jr., Bryan, Hayes and Fielding: A BILL TO AMEND SECTION 62-1-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS BY A HOLDER OF A GENERAL POWER OF APPOINTMENT, SO AS TO DEFINE THE TERM "PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT"; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE SUBJECT MATTER OF JURISDICTION OF THE PROBATE COURTS, SO AS TO REVISE CERTAIN ASPECTS OF THIS JURISDICTION; TO AMEND SECTION 62-1-306, RELATING TO JURY TRIALS IN THE PROBATE COURT, SO AS TO FURTHER PROVIDE FOR THE SITUATIONS WHEN JURY TRIALS MAY BE DEMANDED AND THE MANNER IN WHICH THESE TRIALS MAY BE WAIVED; TO AMEND SECTION 62-3-1201, AS AMENDED, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO PERMIT CERTAIN ESTATES UNDER TEN THOUSAND DOLLARS NOT TO BE ADMINISTERED; TO AMEND SECTION 62-5- 102, RELATING TO JURISDICTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO CLARIFY THAT THE PROBATE COURT HAS JURISDICTION OF CERTAIN PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS; TO AMEND SECTION 62-5-402, RELATING TO PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THE JURISDICTION OF THE PROBATE COURT AND OTHER COURTS WITH REGARD TO CERTAIN CLAIMS AND ISSUES IN THESE PROCEEDINGS; TO AMEND SECTION 62-5-411, RELATING TO BONDS IN PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THESE BONDING REQUIREMENTS; TO AMEND SECTION 62-5-424, RELATING TO POWERS OF A CONSERVATOR, SO AS TO REVISE HIS AUTHORITY TO PAY, CONTEST, OR SETTLE CERTAIN CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433 SO AS TO PROVIDE THAT THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO APPROVE THE SETTLEMENT OF CLAIMS IN EXCESS OF TEN THOUSAND DOLLARS FOR OR AGAINST ANY MINOR OR INCAPACITATED PERSON FOR THE PAYMENT OF MONEY OR THE POSSESSION OF PERSONAL PROPERTY, TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT WHERE THESE CLAIMS DO NOT EXCEED TEN THOUSAND DOLLARS, AND TO PROVIDE THE PROCEDURES TO BE FOLLOWED IN SETTLING THESE CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-211 SO AS TO ALLOW THE COURT TO CONSOLIDATE OR DIVIDE TRUSTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-7-302, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THIS STANDARD OF CARE; TO AMEND SECTION 62-7-418, RELATING TO CHARGES WHICH MUST BE MADE AGAINST PRINCIPAL, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-72-10 SO AS TO CONFORM THE JURISDICTION OF THE CIRCUIT COURT TO THE PROVISIONS OF SECTION 62-5-433; AND TO REPEAL SECTION 62-3-1202, RELATING TO THE EFFECT OF AFFIDAVITS WITH RESPECT TO PERSONAL PROPERTY.
Rep. T.M. BURRISS raised the Point of Order that the motion was out of order as the Bill was not in the possession of the House.
The SPEAKER sustained the Point of Order.
Rep. LEWIS moved to recall the Bill from Legislative Council.
Rep. WILKINS moved to table the motion, which was agreed to by a division vote of 49 to 35.
The SPEAKER granted Rep. FOXWORTH a leave of absence for the remainder of the day.
Rep. R. BROWN withdrew his objection to the following Bill.
S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOGS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.
Upon the withdrawal of objections by Reps. KIRSH, T. ROGERS and KLAPMAN the following Bill was taken up.
S. 134 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-34 SO AS TO AUTHORIZE THE GOVERNING BODY OF EACH COUNTY TO ESTABLISH A COUNTY COURT LIBRARY AND TO AUTHORIZE THE FUNDING OF THE LIBRARY BY MEANS OF A COURT COST ASSESSED ON CRIMINAL BOND FORFEITURES AND FINES.
Rep. WILKINS moved to adjourn debate upon the Bill, which was adopted.
Upon the withdrawal of objections by Reps. LEWIS and DAY the following Bill was taken up.
S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOGS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.
Rep. MOSS moved to adjourn debate upon the Bill, which was adopted.
Upon the withdrawal of objections by Reps. SHARPE, JONES, H. BROWN and KOON the following Bill was taken up.
S. 162 -- Senator Lourie: A BILL TO AMEND CHAPTER 11 OF TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-95 SO AS TO DEFINE HEALTH CARE PROFESSIONAL, TO PROVIDE THAT MEDICAL INFORMATION CONCERNING THE PHYSICAL OR MENTAL CONDITION OF A PATIENT IS PRIVILEGED INFORMATION, TO PROVIDE INSTANCES IN WHICH THE PRIVILEGE IS WAIVED AS TO THE HEALTH CARE PROFESSIONAL, AND TO PROVIDE THAT ANY HEALTH CARE PROFESSIONAL IS NOT LIABLE FOR THE RELEASE OF THE INFORMATION TO AUTHORIZED PERSONS.
Rep. LIMEHOUSE moved to table the Bill, which was not agreed to.
Rep. KIRSH moved to adjourn debate upon the Bill, which was adopted.
Upon the withdrawal of objections by Reps. HEARN, L. MARTIN, CORNING, T.M. BURRISS and KOON the following Bill was taken up.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
Rep. L. MARTIN moved to adjourn debate upon the Bill, which was adopted.
Rep. McEACHIN moved to reconsider the vote whereby debate was adjourned on the following Bill, which was not agreed to.
S. 134 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-34 SO AS TO AUTHORIZE THE GOVERNING BODY OF EACH COUNTY TO ESTABLISH A COUNTY COURT LIBRARY AND TO AUTHORIZE THE FUNDING OF THE LIBRARY BY MEANS OF A COURT COST ASSESSED ON CRIMINAL BOND FORFEITURES AND FINES.
Upon the withdrawal of objections by Reps. MOSS, O. PHILLIPS and LANFORD the following Bill was taken up.
S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35-130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.
Rep. WINSTEAD moved to adjourn debate upon the Bill, which was adopted.
Rep. WINSTEAD moved that only the Bills and matters authorized to be considered in the Sine Die Adjournment Resolution be printed in the Calendar.
Rep. McEACHIN moved that the House recur to the morning hour.
Rep. BEASLEY moved to table the motion, which was agreed to by a division vote of 61 to 32.
Rep. E.B. McLEOD, with unanimous consent, made a statement relative to waste disposal in S.C.
Rep. LOCKEMY asked unanimous consent to recall S. 1179 from the Committee on Ways and Means.
Rep. HOLT objected.
Rep. STURKIE asked unanimous consent to recall S 1251 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. SIMPSON, with unanimous consent, made a statement relative to Rep. LEWIS.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2963 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES, TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES, AND TO PROVIDE FOR FISCAL INCENTIVES PAID TO THE DEPARTMENT TO BE REINVESTED IN THE CHILD SUPPORT ENFORCEMENT PROGRAM.
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. 2089 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
Reps. WILKINS and D. MARTIN proposed the following Amendment No. 1A (Doc. No. 4431J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 7-25-180 of the 1976 Code is amended to read:
"Section 7-25-180. It shall be is unlawful on any election day within two hundred feet of the building wherein a polling place is located for any person to display or distribute any type of campaign political literature or place any political posters within two hundred feet of any entrance being used by the electors or within the building wherein a polling place is located. The poll manager shall use every reasonable means to keep the area within two hundred feet of the polling place clear of political literature and displays enforce this restriction, and the county and municipal law enforcement officers shall, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of a polling place being distributed or displayed in violation of this section."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2329 -- Reps. Huff, Sheheen, Toal and Hayes: A BILL TO AMEND SUBARTICLE 1 OF ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABUSED, NEGLECTED, AND DELINQUENT CHILDREN, BY ADDING SECTION 20-7-770 SO AS TO PROVIDE THAT THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE THE ATTORNEY GENERAL OR A CIRCUIT SOLICITOR UPON REQUEST WITH A COPY OF A JUVENILE'S RECORD OF ADJUDICATION IN FAMILY COURT FOR VIOLENT OFFENSES, AND TO REQUIRE THE DEPARTMENT OF YOUTH SERVICES TO MAINTAIN THESE RECORDS FOR TEN YEARS.
Rep. HUFF explained the Senate Amendments.
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. 4276 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-1989 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1988-1989.
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.
Rep. HUFF from the Aiken Delegation, submitted a favorable report, with amendments, on:
S. 1367 -- Senators Moore, Shealy and Setzler: A BILL TO PROVIDE FOR THE NUMBER, DISTRICTS, AND LOCATION OF OFFICES OF MAGISTRATES IN AIKEN COUNTY AND TO REPEAL ACT 254 OF 1985 RELATING TO THE MAGISTRATES IN AIKEN COUNTY.
On motion of Rep. HUFF, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1367 -- Senators Moore, Shealy and Setzler: A BILL TO PROVIDE FOR THE NUMBER, DISTRICTS, AND LOCATION OF OFFICES OF MAGISTRATES IN AIKEN COUNTY AND TO REPEAL ACT 254 OF 1985 RELATING TO THE MAGISTRATES IN AIKEN COUNTY.
The Aiken Delegation proposed the following Amendment No. 1 (Doc. No. 4537J), which was adopted.
Amend the bill, as and if amended, in SECTION 1, page 1, line 21, by striking /are/ and inserting /may be authorized/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HUFF, with unanimous consent, it was ordered that S. 1367 be read the third time tomorrow.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3669 -- Reps. Sharpe, Huff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 52-7-145, 52-7-75, AND 52-7-160 SO AS TO EXEMPT MEMBERS OF THE STATE ATHLETIC COMMISSION, ITS COMMITTEES, OFFICIALS, REFEREES, INSPECTORS, AGENTS, AND EMPLOYEES FROM LIABILITY FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES, OR FOR THE HEALTH AND SAFETY OF PARTICIPANTS AND SPECTATORS, TO PROVIDE FOR THE DENIAL OR APPROVAL OF PERMITS FOR THE HOLDING OF EVENTS WHEN THE APPLICATIONS ARE LATE, AND TO PROVIDE THAT STATE-OWNED BUILDINGS MAY BE USED FOR ATHLETIC EVENTS WHEN THE EVENTS ARE HELD UNDER THE JURISDICTION OF NATIONALLY-RECOGNIZED ORGANIZATIONS OR APPROVED BY THEM AND THE STATE ATHLETIC COMMISSION.
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. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.
Reps. KIRSH and J.W. JOHNSON proposed the following Amendment No. 2 (Doc. No. 4416J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, page 2, lines 41 and 42 and page 3, lines 1 through 16.
Renumber sections to conform.
Amend title to conform.
Rep. SIMPSON spoke against the amendment.
Rep. BEASLEY moved immediate cloture on the entire matter, which was agreed to.
Reps. KIRSH and HENDRICKS spoke in favor of the amendment.
Reps. HASKINS and THRAILKILL spoke against the amendment.
Rep. SIMPSON moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Burriss, T.M. Cooper Dangerfield Gregory Haskins Hayes Hendricks Kay McCain Simpson Sturkie Thrailkill Townsend Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cork Davenport Day Derrick Edwards Elliott Faber Felder Ferguson Foster Gentry Harris, J. Hearn Helmly Hodges Holt Huff Humphries Johnson, J.C. Jones Keyserling Kirsh Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Taylor Tucker Waldrop Washington Wells Whipper White Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Reps. O. PHILLIPS and WILKINS made statements relative to Rep. ARTHUR.
Rep. ARTHUR made a statement relative to his retirement from the House.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3596 -- Reps. Rudnick, Faber and Whipper: A BILL TO PROVIDE THAT ANY LICENSED DRIVER WHO HAS ACCUMULATED NO MORE THAN TWO POINTS ON HIS MOTOR VEHICLE OPERATING RECORD FOR THE PRECEDING FOUR YEARS IS ELIGIBLE TO PURCHASE AUTOMOBILE LIABILITY INSURANCE AT THE LOWEST RATES AVAILABLE UNDER THE APPLICABLE RISK CLASSIFICATION SYSTEM.
Rep. McLELLAN explained the Senate Amendments.
Rep. McLELLAN moved to adjourn debate upon the Senate Amendments until 2:30 P.M., which was adopted.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3882:
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
Reps. HEARN and L. MARTIN proposed the following Amendment No. 1 (Doc. No. 6495k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 13A of Act 430 of 1986 is amended to read:
"Section 13A. The provisions of this chapter do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer.
Plumbing contractors holding a group 2 or 3 plumbing contractor license is not required to be licensed under this act to install standpipe systems, including hose connections, hose cabinets and related branch lines, provided that they do not supply automatic fire protection sprinklers. A utility contractor holding a group 2 or 3 utility contractor license is not required to be licensed under this act to install underground water mains, hydrant mains, and fire hydrants to the point of the connection to the underground fire protection sprinkler system mains.
SECTION 2. This act takes effect upon approval by the Governor.
Rep. HEARN explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
S. 1330 -- Senator Williams: A BILL TO AMEND SECTIONS 61-3-710 AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION, AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATION, TERM AND FEE, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERM AND FEE, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSE LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370.
Rep. BEASLEY proposed the following Amendment No. 4 (Doc. No. 4530J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-54-20 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Section 12-54-20. (A) Any person who fails to remit the tax due or additional tax as provided by law must be charged interest at the rate established by the commission in the same manner and at the same time as the underpayment rate prescribed by the Internal Revenue Code. Interest must be calculated on the full amount of tax or portion thereof of it, exclusive of penalties from the time the tax or additional tax was due until paid in its entirety. The provisions of this section apply to all taxes levied or assessed by the commission.
(B) Whenever the commission issues a warrant or tax execution under its hand, interest must be calculated on the amount of tax due from the time the tax or additional tax was due until paid in its entirety."
SECTION 2. Section 12-54-30 of the 1976 Code is amended to read:
"Section 12-54-30. If the Commission commission discovers on examination of a return or otherwise that the tax, penalty, or interest paid by any person is in excess of the amount legally due, the Commission commission may order a refund or give credit for the overpayment. Upon the allowance of a credit of or refund of any tax, penalty, or interest paid, interest is allowed and paid on the amount of the credit or refund at the rate provided for in Section 12-54-20 from the date the tax, penalty, or interest was paid to the date the order for refund or credit was issued. No interest may be paid on income tax refunds provided for under Section Sections 12-9-380 and 12-7-1980 during the first seventy-five days following the due date for the filing of the return or the date the return was filed, whichever occurs later."
SECTION 3. Section 12-54-40(b)(1), (2) and (3) of the 1976 Code are amended to read:
"(1) In the case of failure to file a return on or before the date prescribed by law, (determined with regard to any extension of time for filing), there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof of the month during which the failure continues, not exceeding twenty-five percent in the aggregate. For the purpose of this paragraph, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return. In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return (determined with regard to any extension of time for filing), the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return.
(2) (a) In case of failure to pay any tax the amount shown as tax on any return on or before the date prescribed by law (determined with regard to any extension of time for paying), there must be added to the tax due a penalty of one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction thereof of the month, during which the failure continues, not exceeding twenty-five percent in the aggregate.
(b) If any part of an underpayment of tax required to be shown on a return is due to fraud, there must be added to the tax an amount of fifty percent of the underpayment. The penalties provided herein are in lieu of all other penalties provided by law and in addition to interest provided by Section 12-54-20. In case of failure to pay any amount in respect of any tax required to be shown on a return which is not so shown (including an assessment) within ten days of the date of the notice and demand for payments there must be added to the amount of tax stated in the notice and demand one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent in the aggregate.
(c)(1) If any part of an underpayment is due to negligence or disregard of regulations, there must be added to the tax an amount equal to the sum of five percent of the underpayment and an amount equal to fifty percent of the interest payable under Section 12-54-20.
(2) There must not be taken into account under this subsection any portion of an underpayment attributable to fraud with respect to which a penalty is imposed under subsection (d).
(3) For purposes of this subsection, 'negligence' includes any failure to make a reasonable attempt to comply with the provisions of this title, and 'disregard' includes any careless, reckless, or intentional disregard.
(d)(1) If any part of any underpayment of tax required to be shown on a return is due to fraud, there is added to the tax an amount equal to the sum of seventy-five percent of the portion of the underpayment which is attributable to fraud and an amount equal to fifty percent of the interest payable under Section 12-54-20 with respect to that portion for the period beginning on the last day prescribed by law for payment of the underpayment (determined without regard to any extension) and ending on the date of the assessment of the tax or, if earlier the date of the payment of the tax.
(2) If the commission establishes that any portion of an underpayment is attributable to fraud, the entire underpayment must be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer established is not attributable to fraud.
(3) In case of a joint return, this subsection does not apply with respect to a spouse unless some part of the underpayment is due to the fraud of the spouse.
(e) If any penalty is assessed under subsection (d) for an underpayment of tax which is required to be shown on a return, no penalty (relating to failure to file such return or pay tax) must be assessed with respect to the portion of the underpayment which is attributable to fraud.
(3) A person who is liable to obtain a license or purchase stamps for identification purposes, who fails to obtain or display the license properly, or who fails to affix the stamps properly, or fails to comply with statutory provisions, is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. For failure to obtain or display a license as prescribed in Section Sections 52-15-210 12-21-2720 and Section 52-15-250 12-21-2730, the penalty is fifty dollars for each failure to comply."
SECTION 4. The 1976 Code is amended by adding:
"Section 12-54-155. (a) If there is a substantial understatement of tax for any taxable period, there must be added to the tax an amount equal to twenty-five percent of the amount of any underpayment attributable to the understatement.
(b)(1)(A) For purposes of this section, there is a substantial understatement of tax for any taxable period if the amount of the understatement for the taxable period exceeds the greater of ten percent of the tax required to be shown on the return for the taxable period or five thousand dollars.
(B) In the case of a corporation other than an S corporation or a personal holding company (as defined in IRC Section 542), paragraph (1) must be applied by substituting 'ten thousand dollars' for 'five thousand dollars'.
(2) (A) For purposes of paragraph (1), 'Understatement' means the excess of the amount of the tax required to be shown on the return for the taxable period over the amount of the tax imposed which is shown on the return.
(B) The amount of the understatement under subparagraph (A) must be reduced by that portion of the understatement which is attributable to (i) the tax treatment of any item by the taxpayer if there is or was substantial authority for such treatment or (ii) any item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return.
(C) (i) In case of any item attributable to a tax shelter:
(I) subparagraph (B)(ii) does not apply; and
(II) subparagraph (B)(i) does not apply unless (in addition to meeting the requirements of the subparagraph) the taxpayer reasonably believed that the tax treatment of the item by the taxpayer was more likely than not the proper treatment.
(ii) For purposes of clause (i), 'tax shelter' means:
(I) a partnership or other entity;
(II) and investment plan or arrangement, or
(III) any other plan or arrangement if the principal purpose of the partnership, entity, plan, or arrangement is the avoidance or evasion of income tax."
SECTION 5. Section 12-54-150 of the 1976 Code is repealed.
SECTION 6. This act, upon approval by the Governor, is effective for all assessments issued after January 1, 1989./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. BEASLEY proposed the following Amendment No. 5 (Doc. No. 4532J), which was adopted.
Amend the bill, as and if amended, by adding a new section, appropriately numbered to read:
/SECTION _____. (A) Chapter 54 of Title 12 of the 1976 Code is amended by adding:
"Section 12-54-225. The Commission may enter into agreements with other states of the United States or their authorized representatives for the mutual exchange of tax returns, information thereon, and related information. The Commission may, if it chooses, designate a third person to act as its agent for the receipt and exchange of the returns and information, including the assimilation of the material for proper use. The exchange may be in any form suitable to the parties, including, but not limited to, cards, tapes, and other electronic means. The returns and information exchanged may be used for the exclusive purpose of administering the tax laws of the exchanging jurisdictions, including any administrative or judicial proceeding that involves the administration, collection, or recovery of any tax. The agreements may be on such terms and conditions as the Commission and the other states may agree and designate. However, any such agreement entered into by the Commission must include a provision that the agreement may be canceled upon notice and that any use of the returns or information except as specifically provided in this section must immediately terminate the agreement."
(B) This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
Columbia, S.C., June 2, 1988
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. 3880:
H. 3880 -- Ways and Means Committee: General Appropriations Bill.
Very respectfully,
President
No. 55
Received as information.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3493 -- Reps. Edwards, Felder and Winstead: A BILL TO AMEND SECTION 59-53-51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL AND FINANCIAL ACCOUNTABILITY FOR THE OPERATION OF TECHNICAL EDUCATION INSTITUTIONS, SO AS TO PROVIDE THAT LOCALLY APPROPRIATED COUNTY FUNDS ALSO ARE CONSIDERED LOCAL FUNDS OF THE INSTITUTION AND TO PROVIDE THAT LOCAL FUNDS OF AN INSTITUTION MUST BE RETAINED AND EXPENDED LOCALLY UNDER GUIDELINES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO AMEND SECTION 59-53-53, RELATING TO BORROWING BY AREA COMMISSIONS, SO AS TO PROVIDE THAT AN AREA COMMISSION MAY ISSUE COVENANTS, ENTER INTO MORTGAGES, AND GRANT LIENS LIMITING THE SALE OR USE OF CERTAIN PARCELS OF REAL OR PERSONAL PROPERTY IN ITS POSSESSION WHEN REQUIRED AS A CONDITION OF ACCEPTING A GRANT, LOAN, OR DONATION FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS.
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. 2539 -- Reps. Evatt, Cooper, Blackwell, Kay, Townsend, Snow, Shelton, Helmly, Taylor and Foster: A BILL TO AMEND SECTIONS 44-7-110 THROUGH 44-7-340, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO CHANCE THE CITATION OF THE ARTICLE TO THE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, PROVIDE FOR A STATE MEDICAL FACILITIES PLAN, PROVIDE FOR THE CONSOLIDATION OF LICENSING REQUIREMENTS FOR HEALTH FACILITIES INCLUDING HOSPITALS, PSYCHIATRIC HOSPITALS, SKILLED NURSING CARE, INTERMEDIATE CARE, AMBULATORY SURGICAL, CHIROPRACTIC INPATIENT, COMMUNITY RESIDENTIAL CARE, AND ADULT DAY-CARE FACILITIES, FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, END-STAGE RENAL DISEASE UNITS, TO PROVIDE PENALTIES, AND TO REPEAL ARTICLES 4 AND 6, CHAPTER 7, TITLE 44 AND CHAPTER 65 OF TITLE 44 RELATING TO LICENSING, REGULATION, AND INSPECTION OF COMMUNITY RESIDENTIAL FACILITIES AND OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS AND DAY-CARE FACILITIES FOR ADULTS AND SECTIONS 44-7-350 THROUGH 44-7-460 RELATING TO REQUIREMENTS FOR LICENSING, GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE, AND FOR ADMINISTRATIVE REVIEW AND PENALTIES UNDER THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT.
Rep. LOCKEMY explained the Senate Amendments.
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. 2916 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4198 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, SO AS TO REFER TO A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, REFER TO WILFUL BREACH OF ANY SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 42-11-100, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DEGREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS; TO AMEND SECTION 42-11-190, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION; AND TO REPEAL SECTION 42-3-200, RELATING TO THE POWER OF THE COMMISSION TO MAKE STUDIES AND INVESTIGATIONS.
Rep. L. MARTIN explained the Senate Amendments.
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.
On motion of Rep. FELDER, with unanimous consent, the following Bill was ordered recalled from Legislative Council.
H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.
Rep. FELDER moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill, which was agreed to.
H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.
Rep. FELDER proposed the following Amendment No. 1 (Doc. No. 4520J), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/Section 1. Beginning with school year 1988-89 and each succeeding year thereafter, the governing body of Calhoun County constitutes the authority for the limiting and levy of school taxes in the county, and any authority previously vested in the General Assembly and the legislative delegation is transferred to and vested in the governing body of Calhoun County by this act. On or before May fifteenth of each year, the board of trustees of the Calhoun County school district shall prepare a budget for the operation and maintenance of the schools in the district for and during the next school year. On direction of the board, certified copies of the district's budget as adopted by the board must be filed with the Calhoun County Council which shall approve by July first of each year an operating budget for the Calhoun County public schools which provides for a general fund per pupil expenditure for noncapital programs not less than the prior year's general fund per pupil expenditures, adjusted by the 1988-89 Educational Finance Act inflation factor and any and all additional expenditures mandated by state law or regulation./
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Free Conference Report on the following Bill was received.
H. 3880 -- Ways and Means Committee: General Appropriations Bill.
Rep. McLELLAN moved to waive Rule 5.14, which was agreed to.
Rep. McLELLAN explained the Free Conference Report.
Rep. BLACKWELL moved to waive Rule 6.1, which was agreed to.
Reps. LOCKEMY and LIMEHOUSE spoke in favor of the Conference Report.
The question then recurred to the adoption of the Free Conference Report.
Rep. GENTRY demanded the yeas and nays, which were not ordered.
The Free Conference Report was then adopted by a division vote of 104 to 4.
Reps. McLELLAN, J. ROGERS and BOAN made a statement relative to the General Appropriations Bill.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1220:
S. 1220 -- Senators Land, Garrison, Peeler and Macaulay: A BILL TO AMEND SECTION 56-3-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO PROVIDE FOR AN ANNUAL FEE OF TWELVE DOLLARS RATHER THAN SIX DOLLARS, AND TO PROVIDE THAT HOUSE TRAILERS PERMITTED TO BE MOVED OVER THE HIGHWAYS UNDER SPECIAL PERMITS ISSUED PURSUANT TO CERTAIN PROVISIONS OF LAW, WITH CERTAIN STATED EXCEPTIONS, SHALL PAY A FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP; TO AMEND SECTION 56-5-4180, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SO AS TO DELETE ALL THE PROVISIONS DEALING WITH THIS OPEN-END PERMIT, TO PROVIDE FOR THE ISSUANCE OF MULTIPLE TRIP PERMITS FOR THE MOVING OF OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS OVER SPECIFIED STATE HIGHWAYS, TO PROVIDE FOR A FEE FOR THIS PERMIT, AND TO PROVIDE, AMONG OTHER THINGS, THAT IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY PROVISION, TERM, OR CONDITION OF THE MULTIPLE TRIP PERMIT; TO AMEND SECTION 56-5-4200, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS AND TO REPORTS, FEES, AND RECORDS, SO AS TO PROVIDE FOR THE FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP, REQUIRED TO BE PAID PURSUANT TO SECTION 56-3-710; AND TO AMEND SECTION 56-5-4170, RELATING TO MOTOR VEHICLES AND PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO PROVIDE FOR A PERMIT FEE OF TEN DOLLARS, RATHER THAN FIVE DOLLARS, IN CONFORMANCE WITH THE CHANGE MADE IN SECTION 56-3-710.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3175 -- Reps. Wilkins, Tucker, Wilder, J.W. Johnson, D. Martin, McEachin, Hayes, Hendricks, H. Brown, Nettles, J. Rogers, Clyborne, Haskins, McElveen, Waldrop and Rhoad: A BILL TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR SHERIFFS.
Rep. WILKINS explained the Senate Amendments.
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 returned to the House with amendments the following:
H. 2423 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Kirsh, Nesbitt, Baker, McCain, P. Bradley, Wilkins, Petty, G. Bailey, McEachin, T.C. Alexander and Corning: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO REDEFINE "CREDIT", SO AS TO EXCLUDE FROM THE DEFINITION CHECKS GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT; AND TO AMEND SECTION 34-11-70, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO REDUCE THE NOTICE REQUIREMENT FROM FIFTEEN TO TEN DAYS, TO RAISE THE SERVICE CHARGE ON DISHONORED CHECKS FROM TEN TO TWENTY DOLLARS, AND TO DELETE PROVISIONS RELATING TO SERVICE CHARGES FOR CHECKS FOR PREEXISTING DEBTS.
Rep. CLYBORNE explained the Senate Amendments.
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.
Rep. L. MARTIN moved that the House recede until 2:45, which was adopted.
At 2:45 P.M. the House resumed, the SPEAKER in the chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3596 -- Reps. Rudnick, Faber and Whipper: A BILL TO PROVIDE THAT ANY LICENSED DRIVER WHO HAS ACCUMULATED NO MORE THAN TWO POINTS ON HIS MOTOR VEHICLE OPERATING RECORD FOR THE PRECEDING FOUR YEARS IS ELIGIBLE TO PURCHASE AUTOMOBILE LIABILITY INSURANCE AT THE LOWEST RATES AVAILABLE UNDER THE APPLICABLE RISK CLASSIFICATION SYSTEM.
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 returned to the House with amendments the following:
H. 2457 -- Reps. Altman and Thrailkill: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GILL NETS USED FOR SHAD FISHING, SO AS TO REDUCE THE PERMISSIBLE MINIMUM STRETCH MESH SIZE OF A GILL NET FROM FOUR AND ONE-HALF INCHES TO THREE AND ONE-HALF INCHES.
Rep. ALTMAN explained the Senate Amendments.
Rep. SHARPE moved to adjourn debate upon the Senate Amendments until 3:30, which was adopted.
The motion period was dispensed with on motion of Rep. RUDNICK.
Rep. HODGES moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Brown, G. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Derrick Fair Felder Gilbert Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Lockemy Mappus Martin, D. Martin, L. McCain McEachin McElveen McGinnis McKay McLellan McLeod, J.W. McTeer Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Baker
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HODGES, McELVEEN and HUFF to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 31, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 2715 - Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. It is proposed that Section 3 of Article XVII of the Constitution of this State be amended to read:
"Section 3. Divorces from the bonds of matrimony shall be allowed on the grounds of adultery, desertion, physical cruelty, continuous separation for a period of at least one year, or habitual drunkenness, or legal incompetency of a spouse for three consecutive years: provided, however, where a spouse seeks a divorce on the grounds of legal incompetency the spouse must establish that the parties have lived separate and apart for three consecutive years, without cohabitation, and are still so living separate and apart by reason of the legal incompetency of one of them."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 3 of Article XVII relating to the grounds for divorce be amended, so as to add the ground of legal incompetency of a spouse for three consecutive years, except that where a spouse seeks a divorce on this ground, the spouse must establish that the parties have lived separate and apart for three consecutive years without cohabitation and are still living separate and apart by reason of this legal incompetency?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
/s/James E. Bryan, Jr. /s/Thomas E. Huff /s/Thomas H. Pope, III /s/James H. Hodges /s/Sam Stilwell /s/Joseph T. McElveen, Jr. On Part of the Senate. On Part of the House.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Brown, G. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Derrick Edwards Fair Ferguson Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. Martin, L. McCain McEachin McElveen McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
So, the report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 2715 be read the second and third times the next two successive legislative days.
The Senate returned to the House with amendments the following:
H. 4228 -- Judiciary Committee: A BILL TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO THE CONSUMPTION, POSSESSION AND SALE OF ALCOHOLIC BEVERAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 4358 -- Reps. J. Rogers, Beasley, Neilson, Lockemy, McKay, Nettles and Short: A HOUSE RESOLUTION TO EXPRESS THE STRONG OPPOSITION OF THE HOUSE OF REPRESENTATIVES TO THE FOURTEEN AND NINE-TENTHS PERCENT INCREASE IN SOUTH CAROLINA RETAIL UTILITY RATES REQUESTED BY THE CAROLINA POWER AND LIGHT COMPANY.
Whereas, the members of the House of Representatives with great concern have learned that Carolina Power and Light Company has requested from the Public Service Commission a fourteen and nine-tenths percent increase in its South Carolina retail rates; and
Whereas, this request follows an eight percent increase in these rates which was granted last August; and
Whereas, the area of South Carolina served by Carolina Power and Light is primarily in the Pee Dee region of the State; and
Whereas, unfortunately, this region of South Carolina currently has the highest rate of unemployment in this State and to cause existing businesses and industry in this region to pay higher electrical utility rates could result in layoffs and other lost job opportunities; and
Whereas, it is the policy of the State of South Carolina to seek economic growth in all geographic regions of this State and particularly in those which are economically depressed such as the Pee Dee; and
Whereas, these increased rates in the Pee Dee region would also hinder the Pee Dee region in competing favorably with other parts of this State and with neighboring states in attracting new businesses and industry and would do irreparable harm to the economic growth of this rural and economically depressed region of South Carolina; and
Whereas, to deny this rate increase would have no significant long-term consequences for Carolina Power and Light; and
Whereas, the members of the House of Representatives, by this resolution, are desirous of publicly expressing their strong opposition to the granting of any portion of this rate increase requested by Carolina Power and Light Company. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby express their strong opposition to the fourteen and nine-tenths percent increase in South Carolina retail utility rates requested by the Carolina Power and Light Company.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Public Service Commission.
The Resolution was adopted.
The following was introduced:
H. 4359 -- Reps. McEachin, McKay, J.W. McLeod and Nettles: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE FRANK GILBERT OF FLORENCE FOR HIS YEARS OF SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HE LEAVES PUBLIC OFFICE.
Whereas, the members of the General Assembly are aware that Representative Frank Gilbert of Florence County is not offering for reelection as a member of the House of Representatives from District 62 and with deep regret bid him farewell; and
Whereas, Representative Gilbert was born in Greenwood, the son of Thomas James and Essie Johnson Gilbert, graduated from Brewer High School and Benedict College, and received a Master of Arts degree from Teacher's College - Columbia University continuing his studies at New York University and the University of South Carolina; and
Whereas, his many accomplishments include: President of the Florence County Education Association, 1970-71; President of the Florence District 1 Classroom Teacher's Association, 1971-73; President-Elect of the South Carolina Association of Classroom Teachers, 1973-74; member of the Florence County Department of Social Services Board, 1972-73; member of the County Board of Education, 1973-75; Evaluator of the Southern Association of Colleges and Schools, 1965-75; President of the Benedict College National Alumni Association, 1979-80; member of the Florence branch NAACP, 1975-76; Delegate to the National Democratic Convention, 1980 and 1984; Trustee of Benedict College, 1979-82; member of the State Executive Committee Democratic Party, 1980-present; member of Governor Riley's Task Force on Citizens Participation in Education, 1979-present; Executive Committeeman, Spaulding Precinct, 1970-present; and member of Alpha Phi Alpha Fraternity, Incorporated; and
Whereas, Representative Gilbert served in the United States Army, Adjutant General Corps, 1957-59; and
Whereas, he first began his service in the House of Representatives in 1983 and has represented his county and district in the General Assembly with distinction since that time; and
Whereas, a member of the House of Representatives, he has served on the Agriculture and Natural Resources Committee and has proven himself as a hard and diligent worker. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend the Honorable Frank Gilbert of Florence for his years of service as a member of the South Carolina House of Representatives as he leaves public office.
Be it further resolved that a copy of this resolution be forwarded to Representative Gilbert.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. NETTLES made a statement relative to Rep. GILBERT.
Rep. GILBERT made a statement relative to his service in the House.
Rep. FERGUSON made a statement relative to Rep. GILBERT.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4169:
H. 4169 -- Rep. Felder: a BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 3890:
H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
Very respectfully,
President
On motion of Rep. EDWARDS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. EDWARDS, KEYSERLING and TAYLOR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4360 -- Aiken Delegation: A HOUSE RESOLUTION RECOGNIZING THE EXEMPLARY LEGISLATIVE SERVICE OF THE HONORABLE JOHN WALLACE PETTIGREW, JR., OF EDGEFIELD COUNTY, AND THANKING HIM FOR HIS FRIENDSHIP TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
Whereas, an outstanding young man by the name of John Wallace Pettigrew, Jr., of Edgefield County, took his seat in the House of Representatives in the spring of 1987 as the representative of the residents of House District Number Eighty-two (Aiken and Edgefield counties); and
Whereas, he has served most honorably in this body and has rendered exemplary legislative service; and
Whereas, he has been a good friend to his colleagues in this chamber, and his House colleagues have greatly appreciated his service, his friendship, and his many contributions; and
Whereas, he is not seeking re-election to the House of Representatives this year and, so, will be leaving this body as a member at the end of 1988; and
Whereas, we wish him to know that we hold him in high regard and have enjoyed serving with him very much. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize the exemplary legislative service of the Honorable John Wallace Pettigrew, Jr., of Edgefield County, and thank him sincerely for his friendship.
Be it further resolved that a copy of this resolution be forwarded to the Honorable John Wallace Pettigrew, Jr., of Edgefield County.
The Resolution was adopted.
Rep. RUDNICK made a statement relative to Rep. PETTIGREW.
Rep. PETTIGREW made a statement relative to his service in the House.
SPEAKER SHEHEEN made a statement relative to his service as Speaker of the House.
The following was introduced:
H. 4361 -- Reps. T.M. Burriss, Derrick, Felder, Klapman, Koon, Sharpe and Sturkie: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOHN HAY BURRISS FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REPRESENTING DISTRICT 85 IN LEXINGTON COUNTY AS HIS SERVICE IN THE HOUSE COMES TO A CLOSE, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the General Assembly with deep regret are aware that Representative John Hay Burriss of Lexington Caucus is not offering for reelection as a member of the South Carolina House of Representatives from District 85 which encompasses a portion of Lexington County; and
Whereas, he is a native of Columbia, a 1968 graduate of St. Andrews Presbyterian College with a Bachelor of Arts degree, and now resides in Chapin with his lovely wife, Becca; and
Whereas, he first began his service in the House in 1985 and although his tenure in the House has been relatively brief, he has represented his district, county, and State well and has earned the friendship and respect of his colleagues as evidenced by his past service as Chairman of the Freshman Caucus; and
Whereas, John Hay Burriss is a very successful businessman as Chairman of Burriss Construction Company, Inc., and as President of Burriss Properties, Inc., and it is with particular disappointment that the members of the General Assembly bid him farewell because he is the type of man the State of South Carolina needs in public service; and
Whereas, in his business life he has been recognized in a leading state publication as the president of one of the top twenty-five closely-held corporations in South Carolina, and his election to the prestigious Young President's Organization made up of the presidents of successful companies throughout the nation is an example of his professional abilities and leadership capabilities; and
Whereas, together with his father, the Honorable T. Moffatt Burriss, he is a part of the only father-son combination to serve in the General Assembly in recent memory, and it has been with fondness for them and Representative Mickey Burriss that they are affectionately known as the "Burriss Caucus"; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly commend and thank John Hay Burriss for his distinguished service as a member of the South Carolina House of Representatives and wish to him the very best as he leaves public service. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable John Hay Burriss for his outstanding service as a member of the South Carolina House of Representatives representing District 85 in Lexington County as his service in the House comes to a close, and to wish him the very best in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative John Hay Burriss.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. T.M. BURRISS made a statement relative to Rep. J.H. BURRISS.
Rep. KLAPMAN made a statement relative to Rep. J.H. BURRISS.
Rep. J.H. BURRISS made a statement relative to his service in the House.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference on H. 3880, having been adopted by both Houses,
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 57
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Pope and Stilwell of the Committee of Free Conference on the part of the Senate on H. 2715:
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Very respectfully,
President
No. 32
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
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. 2715, by a vote of: Ayes: 46, Nays: 0:
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Very respectfully,
President
No. 56
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1166:
S. 1166 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT A PUBLIC SCHOOL ADMINISTRATOR, PRINCIPAL, COUNSELOR, OR TEACHER WHO SUSPECTS A STUDENT OF USING ALCOHOL OR ANY OTHER NONPRESCRIPTION DRUG, AND WHO IN GOOD FAITH NOTIFIES THE STUDENT'S PARENT OR LEGAL GUARDIAN OF THIS FACT IS NOT LIABLE FOR CIVIL DAMAGES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. McEACHIN moved to reconsider the vote whereby the House refused to waive Rule 5.14 on the Senate Amendments on the following Bill.
H. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".
Rep. L. MARTIN raised the Point of Order, under Mason's Manual, Section 456, that the motion to reconsider the vote was out of order as the waiving of the printing was a procedural motion and therefore, not subject to the motion to reconsider. He further stated that House Rule 5.12 had to be complied with and the bill printed on the calendar the next day.
Rep. McEACHIN argued contra the Point.
The SPEAKER stated that Section 456 of Mason's, in reference to procedural motions, stated that procedural motions are not to be reconsidered where there are more direct ways to achieve the same goals. He further stated that Section 456 related to normal procedural parliamentary motions.
Rep. L. MARTIN further stated that Rule 5.12 was in favor of his Point.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Point of Order.
At 4:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R756) S. 1541 -- Senator Long: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE TIME OF THE 1988 GENERAL ELECTION FOR THE REGISTERED ELECTORS OF HORRY COUNTY ON THE QUESTION CONCERNING WHETHER OR NOT THE ELECTORS WISH TO CHANGE THE METHOD OF ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY FROM ELECTION AT LARGE TO ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS.
(R757) S. 1453 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING OF NONPUBLIC INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R758) S. 1455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO FILING OF A CONSOLIDATED RETURN FOR TWO OR MORE CORPORATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R759) S. 1528 -- Senators Moore and Shealy: AN ACT TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY EIGHTY-FOUR MILLS BEGINNING WITH THE 1988-89 FISCAL YEAR AND EACH YEAR THEREAFTER WHICH MUST BE USED ONLY FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY.
(R760) S. 1353 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-618 SO AS TO PROVIDE FOR THE WATERS OF THE STATE THAT ARE CLOSED TO TRAWLING; AND TO AMEND SECTION 50-17-617, RELATING TO LATITUDE, LONGITUDE, MARKERS, BUOYS, AND TOPOGRAPHY REFERENCES TO THE AREAS IN WHICH IT IS LAWFUL TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO INCLUDE THE WATERS CLOSED TO TRAWLING.
(R761) S. 1454 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTIONAL ASSISTANCE: PALMETTO FELLOWS SCHOLARSHIP PROGRAM AND IMPROVING UNDERGRADUATE INSTRUCTION - COMPETITIVE GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 975, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R762) H. 3175 -- Reps. Wilkins, Tucker, Wilder, J.W. Johnson, D. Martin, McEachin, Hayes, Hendricks, H. Brown, Nettles, J. Rogers, Clyborne, Haskins, McElveen, Waldrop and Rhoad: AN ACT TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR SHERIFFS.
(R763) H. 3107 -- Reps. Rudnick, White, J. Brown, Holt, Washington, McBride, Ferguson and Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-51-95 AND 12-51-96 SO AS TO AUTHORIZE THE OWNER OF ANY "MOBILE HOME" OR "MODULAR HOME" AS DEFINED IN SECTION 31-17-20, TO REDEEM THE PROPERTY; AND TO PROVIDE CONDITIONS UNDER WHICH THE OWNER OF A "MOBILE HOME" OR "MODULAR HOME" MAY REDEEM HIS PROPERTY AS PERMITTED IN SECTION 12-51-95.
(R764) H. 2329 -- Reps. Huff, Sheheen, Toal and Hayes: AN ACT TO AMEND SUBARTICLE 1 OF ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABUSED, NEGLECTED, AND DELINQUENT CHILDREN, BY ADDING SECTION 20-7-770 SO AS TO PROVIDE THAT THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE THE ATTORNEY GENERAL OR A CIRCUIT SOLICITOR UPON REQUEST WITH A COPY OF A JUVENILE'S RECORD OF ADJUDICATION IN FAMILY COURT FOR VIOLENT OFFENSES, AND TO REQUIRE THE DEPARTMENT OF YOUTH SERVICES TO MAINTAIN THESE RECORDS FOR TEN YEARS.
(R765) H. 2395 -- Reps. Evatt, Beasley, Hayes and Huff: AN ACT TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE, BY ADDING SECTION 19-1-180 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE IN SPECIFIED LEGAL PROCEEDINGS MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 11, TITLE 19, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-25 SO AS TO PROVIDE THAT EVERY CHILD WHO IS AN ALLEGED VICTIM OF ABUSE OR NEGLECT IS PRESUMED TO BE A COMPETENT WITNESS, MAY BE ALLOWED TO TESTIFY IN A JUDICIAL PROCEEDING RELATED THERETO, AND TO ALLOW THIS PRESUMPTION TO BE REBUTTED.
(R766) H. 4007 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, PROTECTION FROM DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM AND TO PROVIDE FOR THE COURT IN MARITAL LITIGATION WHICH PRAYS FOR THE ALLOWANCE OF SUIT MONEY TO ALLOW A REASONABLE SUM FOR THE CLAIM IF IT APPEARS WELL-FOUNDED AND FOR THE ASSESSMENT OF SUIT MONEY, INCLUDING ATTORNEY FEES, WHICH MUST NOT BE STAYED BY AN APPEAL.
(R767) H. 3338 -- Rep. Fair: AN ACT TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE OR AT A PRICE LESS THAN ONE-HALF THE PRICE REGULARLY CHARGED, TO PROVIDE THAT THESE BEVERAGES MAY BE SOLD AT A PRICE LESS THAN THE REGULAR PRICE ONLY FROM FOUR P.M. UNTIL EIGHT P.M., AND TO PROVIDE CERTAIN EXCEPTIONS; AND TO AMEND SECTION 61-9-315, RELATING TO THE PROHIBITION AGAINST CERTAIN ACTIVITIES BY MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS OF BEER, SO AS TO PROVIDE FOR THE MANNER IN WHICH DISCOUNT OR SPECIAL PROMOTION PRICES MAY BE OFFERED.
(R768) H. 2929 -- Rep. Blackwell: AN ACT TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THE MEMBERSHIP OF THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
(R769) H. 4169 -- Rep. Felder: AN ACT TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89 AND TO PROVIDE A BUDGETARY PROCEDURE FOR SCHOOL PURPOSES.
(R770) H. 3880 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 11-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS BY THE STATE TREASURER TO THE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE ON EARNINGS ON STATE INVESTMENTS, SO AS TO REVISE THE REPORTING REQUIREMENTS AND DELETE THE REPORTING FUNCTIONS OF THE COMPTROLLER GENERAL; TO AMEND SECTION 26-1-30, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS; TO REPEAL CHAPTER 47, TITLE 46 OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT", AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE; TO AMEND SECTION 12-27-1270, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTION 59-21-320, RELATING TO STATE AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL YEAR AND TO PROVIDE THAT ALL STATE AID UNDER THIS SECTION BE BASED ON THE ONE HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-449 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL TAXES; TO AMEND SECTION 12-35-1557, RELATING TO THE DUTIES OF SCHOOL DISTRICTS TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAMS AND THE AVAILABLE WAIVER OF THE REQUIREMENTS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER FROM THE STATE BOARD OF EDUCATION IF THE DISTRICT DEMONSTRATES FOR ONE YEAR THAT IT HAS ACHIEVED OPERATING EFFICIENCIES AND ALL EDUCATION REQUIREMENTS ARE BEING MET AND IF A MID-YEAR REVENUE SHORTFALL RESULTS IN A REDUCTION IN THE APPROPRIATION PURSUANT TO THE EDUCATION FINANCE ACT, TO PROVIDE THAT A DEADLINE IN MEASURED ACADEMIC ACHIEVEMENT VOIDS ANY WAIVER GRANTED AND MAKES THE DISTRICT INELIGIBLE TO APPLY FOR A WAIVER FOR TWO CONSECUTIVE YEARS, TO PROVIDE THAT IF A DISTRICT'S STUDENT ACHIEVEMENT DECLINES, THE DISTRICT REVERTS TO THE MINIMUM EFFORT REQUIREMENT ADJUSTED FOR THE PRIOR YEAR'S INFLATION FACTOR, AND TO PROVIDE THAT THE WAIVER FOR MID-YEAR REDUCTION IN THE EDUCATION FINANCE ACT APPROPRIATION DOES NOT APPLY TO FUNDS NEEDED TO MEET THE MINIMUM SALARY SCHEDULE FOR TEACHERS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO STATE AID TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM DIFFERENTIAL IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL DIRECTORS ON LESS THAN A MONTHLY BASIS; TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1545 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM ELIGIBLE FOR BOTH SERVICE RETIREMENT AND DISABILITY RETIREMENT MAY SUBMIT APPLICATIONS FOR BOTH RETIREMENTS AND IMMEDIATELY BEGIN TO RECEIVE SERVICE RETIREMENT BENEFITS UPON QUALIFICATION, AND UPON SUBSEQUENT APPROVAL OF THE DISABILITY RETIREMENT APPLICATION, THE MEMBER MAY CHOOSE WHICH RETIREMENT HE RECEIVES; TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270 AND ITEM (3), SECTION 24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION CONSORTIUM; TO AMEND SECTION 9-9-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, SO AS TO DELETE THE REQUIREMENT THAT FOR THE SERVICE CREDIT EARNED AS GOVERNOR AND LIEUTENANT GOVERNOR TO COUNT TOWARD THE EIGHT YEARS' SERVICE CREDIT THRESHOLD, THE SERVICE MUST BE IMMEDIATELY SUBSEQUENT TO SERVICE IN THE GENERAL ASSEMBLY; TO AMEND SECTION 12-27-430, RELATING TO THE FUEL ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO INCREASE THE MOTOR FUEL TAX TO NINE CENTS A GALLON UNTIL JANUARY 1, 1989, AND TEN CENTS A GALLON UNTIL JUNE 30, 1992, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TO ETHANOL BLENDS QUALIFYING FOR REDUCED MOTOR FUELS TAX DURING THE INCENTIVE PERIOD; TO AMEND SECTION 16-3-1120, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE VICTIMS' COMPENSATION FUND, SO AS TO DELETE THE REFERENCE TO THE SALARY OF THE DIRECTOR AT THE LEVEL OF EIGHTY-FIVE PERCENT OF THE SALARY OF MEMBERS OF THE INDUSTRIAL COMMISSION (NOW WORKERS' COMPENSATION COMMISSION); TO AMEND SECTION 48-21-20, RELATING TO THE MINING COUNCIL ESTABLISHED PURSUANT TO THE INTERSTATE MINING COMPACT, SO AS TO PROVIDE THAT COUNCIL MEMBERS AND THE GOVERNOR'S ALTERNATE ON THE INTERSTATE MINING COMMISSION SHALL RECEIVE THE PER DIEM, MILEAGE, AND SUBSISTENCE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMITTEES, AND COMMISSIONS; TO DESIGNATE SECTIONS 1-11-10 THROUGH 1-11-420, CHAPTER 11, TITLE 1 OF THE 1976 CODE, AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO CODIFY SECTIONS 1 THROUGH 8 OF ACT 117 OF 1987 AS CODE SECTIONS 1-11-500 THROUGH 1-1 1 -570 AND TO DESIGNATE THOSE CODE SECTIONS AS ARTICLE 3 OF CHAPTER 11 OF TITLE 1, ENTITLED "ALLOCATION OF STATE CEILING ON ISSUANCE OF PRIVATE ACTIVITY BONDS"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-395 SO AS TO AUTHORIZE STATE AGENCIES PROVIDING HEALTH CARE OR SOCIAL SERVICES WHICH HAVE A LEGAL RIGHT TO REIMBURSEMENT FROM PUBLIC OR PRIVATE SOURCES TO CONTRACT WITH A VENDOR ON A CONTINGENCY BASIS TO OBTAIN REIMBURSEMENT, TO PERMIT PAYMENTS UNDER THE CONTRACTS TO BE MADE FROM FUNDS RECOVERED, AND TO REQUIRE THE VENDOR TO BE SELECTED PURSUANT TO THE APPROPRIATE PROVISIONS OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND THE CONTRACT TO BE APPROVED BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 23-36-40, AS AMENDED, RELATING TO LICENSE AND PERMIT REQUIREMENTS UNDER THE "SOUTH CAROLINA EXPLOSIVES CONTROL ACT", LIABILITY INSURANCE REQUIREMENT, AND CLASSIFICATION OF BLASTERS, SO AS TO REVISE THE FEE SCHEDULE AND INCREASE THE FEES; TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES AFTER JULY 1, 1982, OF CONTAINERS AND CHASSIS TO INTERNATIONAL SHIPPING LINES HAVING A CONTRACTUAL RELATIONSHIP WITH THE SOUTH CAROLINA PORTS AUTHORITY AND WHICH ARE USED IN THE STATE IMPORT OR EXPORT OF GOODS TO AND FROM THIS STATE; TO AMEND SECTIONS 61-3-710 AND 61-5-70, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED, DELETE CERTAIN PROVISIONS OF LAW, AND PROVIDE FOR THE PRORATING OF LICENSE FEES FOR LICENSE YEAR 1988-89; TO AMEND THE 1976 CODE BY ADDING SECTION 61-1-95, SO AS TO, AMONG OTHER THINGS, REQUIRE A PERSON TO SURRENDER PROMPTLY A LICENSE OR PERMIT ISSUED UNDER TITLE 61 UNDER CERTAIN CIRCUMSTANCES, PROVIDE THAT ALL LICENSES AND PERMITS MUST BE ISSUED FOR A DESIGNATED LOCATION AND MAY NOT BE TRANSFERRED TO ANY OTHER LOCATION, AND PROVIDE FOR THE PERSONS TO WHOM A LICENSE OR PERMIT MAY NOT BE ISSUED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERMS, AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERMS, AND FEES, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS, AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSED LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370; TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT; TO AMEND SECTION 58-17-150, RELATING TO REGULATION OF RAILROADS BY THE PUBLIC SERVICE COMMISSION AND THE AUTHORIZATION TO THE COMMISSION TO REQUIRE IMPROVEMENT OR EXTENSION OF FACILITIES OR SERVICE OR MODIFICATION IN RATE OF FARES, SO AS TO ALLOW RAILROADS SUBJECT TO THE JURISDICTION OF THE COMMISSION TO RETIRE TEAM TRACK ON THIRTY DAYS' WRITTEN NOTICE TO THE COMMISSION IF THE TRACK HAS NOT BEEN USED FOR AT LEAST TWO YEARS, AND TO PROVIDE THAT THE NOTICE MUST BE ACCOMPANIED BY A FIFTY-DOLLAR FEE AND AN AFFIDAVIT OF THE RAILROAD'S AGENT OR EMPLOYEE THAT THE TRACK HAS NOT BEEN USED BY THE PUBLIC FOR THE TWO-YEAR PERIOD PRECEDING ITS RETIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1860 SO AS TO AUTHORIZE ANY FORMER EMPLOYEE OF A MUNICIPALITY OF THIS STATE WHICH IS NOT A MEMBER OF THE STATE RETIREMENT SYSTEM WHO IS EMPLOYED IN THIS STATE BY AN EMPLOYER COVERED BY THE SYSTEM AND WHO IS CURRENTLY A CONTRIBUTING MEMBER TO ELECT TO RECEIVE PRIOR SERVICE CREDIT FOR SERVICE RENDERED IN THE MANNER PROVIDED IN SECTION 9-1-1840; TO AMEND SECTION 23-45-140, RELATING TO THE FUNDS COLLECTED AND EXPENDITURES UNDER THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE PROVISION AUTHORIZING THE STATE FIRE MARSHAL TO EXPEND MONIES TO ENFORCE THE ACT AND TO PROVIDE FOR THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND SECTION 23-45-160, RELATING TO SMOKE DETECTORS, SO AS TO CHANGE REFERENCES TO FIRE PROTECTION STANDARDS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-142 SO AS TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO PROVIDE HEALTH AND DENTAL INSURANCE COVERAGE TO COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN; TO PROVIDE FOR LONG-TERM CAPITAL GAINS RECOGNIZED IN 1987 OR DURING JANUARY, 1988, PURSUANT TO A CONTRACT EXECUTED BEFORE JANUARY 1, 1988, TO BE DETERMINED IN ACCORDANCE WITH SECTION 1202 OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, THROUGH DECEMBER 31, 1985, AND TO PROVIDE FOR THE MANNER IN WHICH ANY REFUNDS MUST BE MADE TO THE TAXPAYER; TO AMEND SECTION 59-6-10, AS AMENDED, RELATING TO THE SELECT COMMITTEE ON THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS FOR THE COMMITTEE TO MAKE RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION, TO PROVIDE FOR THE COMMITTEE TO SERVE AS THE OVERSIGHT COMMITTEE FOR THE ACT, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE AND FOR THE AGENCIES AND ENTITIES RESPONSIBLE FOR IMPLEMENTATION OF THE ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-66 SO AS TO PROVIDE FOR THE FORMAT AND LOCATION IN THE APPROPRIATIONS BILL FOR APPROPRIATIONS FROM THE EDUCATION IMPROVEMENT ACT OF 1984 FUND FOR AGENCIES AND ENTITIES OTHER THAN THE STATE DEPARTMENT OF EDUCATION AND TO PROVIDE FOR DISBURSEMENT OF THE FUNDS; TO AMEND SECTION 12-35-320, AS AMENDED, RELATING TO THE RETAIL LICENSE FEE, SO AS TO PROVIDE FOR A RETAIL LICENSE AT A FEE OF TWENTY DOLLARS FOR ARTISTS AND CRAFTSMEN SELLING AT ARTS AND CRAFTS SHOWS OR FESTIVALS PRODUCTS THAT THEY HAVE CREATED OR ASSEMBLED; TO AUTHORIZE THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO ADOPT THE CALENDAR YEAR AS ITS FISCAL YEAR AND TO PROVIDE THAT THE ADOPTION DOES NOT AFFECT PAYMENTS MADE BY THE AUTHORITY TO THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-240, SO AS TO PROVIDE THAT THE NONDISCLOSURE PROVISIONS GOVERNING THE RECORDS OF AND REPORTS AND RETURNS FILED WITH THE SOUTH CAROLINA TAX COMMISSION PURSUANT TO THE INCOME, ESTATE, GIFT, SALES, AND USE TAXES, EXTEND TO COMMISSION EMPLOYEES AND EMPLOYEES OR AGENTS OF THE STATE AUDITOR'S OFFICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS, INCLUDING FORFEITURE OF AND DISQUALIFICATION FROM STATE EMPLOYMENT AND TERMINATION OF ANY CONTRACT WITH THE STATE AND DISQUALIFICATION FROM SUBSEQUENT CONTRACTS FOR FIVE YEARS; TO AUTHORIZE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO COLLECT ADMINISTRATIVE FEES, NOT TO EXCEED ONE AND ONE-HALF PERCENT OF THE AMOUNT NEGOTIATED, ASSOCIATED WITH ACCOUNTS RECEIVABLE FOR THOSE INDIVIDUALS OR ENTITIES WHICH NEGOTIATE REPAYMENT TO THE AGENCY AND TO REQUIRE THE FEES TO BE CREDITED TO THE GENERAL FUND OF THE STATE; TO AMEND TITLE 27 OF THE 1976 CODE BY ADDING CHAPTER 18 SO AS TO ENACT THE UNIFORM UNCLAIMED PROPERTY ACT (1981), TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REPEAL CHAPTER 17 OF TITLE 27, THE UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT; TO AMEND SECTION 12-35-555, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT A TAXPAYER IS LIABLE FOR USE TAX THAT DOES NOT EXCEED ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-125 SO AS TO PROVIDE FOR THE ORDER OF EXPENDITURE OF FUNDS BY STATE AGENCIES AND TO PROVIDE FOR THE ENFORCEMENT OF THE REQUIREMENT AND THE REPORTING OF AVAILABLE FUNDS; TO AMEND SECTIONS 56-1- 1330 AND 56-5-2990, AS AMENDED, RELATING TO REQUIREMENTS FOR THE PROVISIONAL DRIVER'S LICENSE AND THE SUSPENSION AND REINSTATEMENT OF THE DRIVER'S LICENSE FOLLOWING CONVICTION OF THE OFFENSE OF DRIVING UNDER THE INFLUENCE, SO AS TO INCREASE THE FEES FOR THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND PROVIDE FOR CERTAIN ADDITIONAL FEES; TO AMEND SECTION 9-11-140, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT EFFECTIVE JULY 1, 1988, THE MONTHLY ALLOWANCE OF BENEFICIARIES UNDER THE PROGRAM WHO WERE RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1987; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT A RETIRED MEMBER WHO RETURNS TO COVERED EMPLOYMENT MAY EARN WITHOUT AFFECTING HIS BENEFITS FROM EIGHT THOUSAND FIVE HUNDRED DOLLARS TO NINE THOUSAND DOLLARS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-25-690 SO AS TO PROVIDE THAT ALL STATE AND LOCAL AGENCIES SENDING OUT BY MAIL A NONDAILY PUBLICATION SHALL INSERT AT LEAST ANNUALLY A NOTICE PROMINENTLY PLACED, IN AT LEAST TWO CONSECUTIVE ISSUES, WHICH STATES THAT ALL RECIPIENTS SHALL BE REMOVED FROM THE PUBLICATION'S MAILING LIST UNLESS THEY REQUEST IN WRITING, AT LEAST TEN DAYS PRIOR TO A CUTOFF DATE SPECIFIED IN THE NOTICE, THAT THE RECIPIENT WISHES TO CONTINUE RECEIVING THE PUBLICATION, AND TO PROVIDE THAT IF NO WRITTEN REQUEST FROM A RECIPIENT IS RECEIVED BY THE CUTOFF DATE, THE PUBLICATION MUST NO LONGER BE MAILED TO THE RECIPIENT; TO AMEND SECTION 12-43-290, AS AMENDED, RELATING TO AUTHORITY OF POLITICAL SUBDIVISIONS TO INCREASE MILLAGE FOR CERTAIN PURPOSES FOLLOWING YEARS OF REASSESSMENT, SO AS TO PROVIDE THAT MILLAGE MAY BE INCREASED FOR THE INCREASED COST OF PROVIDING EXISTING SERVICES, TO PROVIDE THAT THE MILLAGE INCREASE FOR THE INCREASED COST OF EXISTING SERVICES MUST BE SEPARATELY ITEMIZED ON THE TAX NOTICE, AND TO PROVIDE THAT THIS SECTION DOES NOT AFFECT LIMITATIONS PROVIDED BY LAW ON THE TAXING POWER OF SCHOOL DISTRICTS; TO AMEND SECTION 59-130-10, RELATING TO THE COLLEGE OF CHARLESTON BOARD OF TRUSTEES, TO AMEND SECTION 59-133-10, RELATING TO THE FRANCIS MARION COLLEGE BOARD OF TRUSTEES, AND TO AMEND SECTION 59-135-10, RELATING TO THE LANDER COLLEGE BOARD OF TRUSTEES, SO AS TO PROVIDE THAT A DESIGNEE OF THE GOVERNOR MAY SERVE IN HIS PLACE ON THESE BOARDS OF TRUSTEES; TO AMEND SECTION 48-23-135, AS AMENDED, RELATING TO THE AUTHORIZATION TO THE FORESTRY COMMISSION TO BORROW MONEY FOR CERTAIN PURPOSES, SO AS TO REVISE THE PURPOSES FOR WHICH THIS BORROWING IS AUTHORIZED; TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-525 SO AS TO INCREASE BY FIFTY DOLLARS A MONTH EFFECTIVE JULY 1, 1988, THE MONTHLY BENEFIT OF BENEFICIARIES OF THE POLICE INSURANCE AND ANNUITY FUND; TO AMEND SECTION 11-35-1520, RELATING TO COMPETITIVE SEALED BIDDING FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE REQUIREMENT THAT A RESIDENT VENDOR MAINTAIN AN OFFICE IN THIS STATE AND TO INCLUDE WITHIN THE DEFINITION OF RESIDENT VENDOR A BUSINESS AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE WHICH MAINTAINS AN ANNUAL RESIDENT EMPLOYEE GROSS PAYROLL IN EXCESS OF FIVE MILLION DOLLARS; TO AMEND SECTION 9-11-40, RELATING TO CLASSIFICATION OF MEMBERS, TRANSFERS OF CONTRIBUTIONS, AND CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER TO TRANSFER CREDITED SERVICE HE RECEIVED UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM UPON PAYMENT OF THE FULL COST AS DETERMINED BY THE ACTUARY; TO AMEND SECTIONS 9-1-1140 AND 9-11-50, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO ALLOW MERCHANT MARINE SEAMAN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945 IN THE SAME MANNER THAT CREDIT IS ESTABLISHED FOR MILITARY SERVICE; TO AMEND SECTION 2-7-72, RELATING TO THE REQUIREMENT THAT BILLS AND RESOLUTIONS INTRODUCED IN THE GENERAL ASSEMBLY REQUIRING EXPENDITURE OF FUNDS HAVE A FISCAL IMPACT STATEMENT, SO AS TO PROVIDE THAT THE STATEMENT MUST BE SIGNED BY THE DIRECTOR OF THE STATE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD OR HIS DESIGNEE RATHER THAN THE STATE AUDITOR; TO PROHIBIT THE ISSUING OF STATE CAPITAL IMPROVEMENT BONDS FOR BEACH RENOURISHMENT PROJECTS IN THE ABSENCE OF ANY PROVISION OF LAW ESTABLISHING SPECIFIC CRITERIA FOR THE DISTRIBUTION OF BOND PROCEEDS FOR THE PROJECTS; TO IMPOSE A FEE ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR MONTHLY REPORTS OF AND PAYMENT OF FEES FOR WEIGHT OF WASTE RECEIVED FOR INCINERATION AND DISPOSAL, TO PROVIDE FOR THE ESTABLISHMENT OF AN INFECTIOUS WASTE CONTINGENCY FUND INTO WHICH FEES ARE DEPOSITED, TO PROVIDE FOR THE USES OF FUND PROCEEDS, TO SET ASIDE ONE DOLLAR AND FIFTY CENTS OF THE FEE PAID ON EACH FOR RETURN TO COUNTIES WHERE THE FEES ARE COLLECTED, TO REQUIRE INSPECTION OF FACILITIES AND A FEE SCHEDULE TO PAY FOR THE INSPECTION, AND TO DEFINE "INFECTIOUS WASTE".
(R771) H. 3710 -- Reps. Wilkins, Hayes, Beasley and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1736 SO AS TO PROVIDE FOR THE USE OF FICTITIOUS NAMES IN ADOPTION RECORDS; AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE COURT TO HEAR AND DETERMINE ACTIONS RELATED TO ADOPTION AS WELL AS FOR ADOPTION; SECTION 20-7-1650, RELATING TO DEFINITIONS PERTAINING TO ADOPTION, SO AS TO DELETE THE REFERENCE TO THE CHILDREN'S BUREAU AND THE DEFINITION OF "LEGAL AGE", REVISE THE DEFINITIONS OF "CHILD PLACING AGENCY", "CONSENT", AND "RELINQUISHMENT", AND DEFINE "COURT"; SECTION 20-7-1670, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION, SO AS TO DELETE THE REQUIREMENT THAT SPECIFIC FINDINGS OF FACT MUST EXIST FOR ADOPTION BY A NONRESIDENT, PROVIDE FOR THE JUDICIAL DETERMINATIONS THAT MUST BE MADE BEFORE A CHILD IS PLACED FOR ADOPTION BY A NONRESIDENT, AND PROVIDE FOR A PETITION TO BE BROUGHT BEFORE BIRTH OR PLACEMENT IN AN ADOPTION BY A NONRESIDENT, AND PROVIDE FOR THE REQUIREMENTS OF THE COURT ORDER RULING ON THE PETITION, INCLUDING SPECIFIC FINDINGS OF FACT; SECTION 20-7-1680, RELATING TO JURISDICTION OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE FOR THE PROCEEDINGS TO BE BROUGHT IN THE COUNTY IN WHICH THE CHILD IS BORN; SECTION 20-7-1690, RELATING TO CONSENT OR RELINQUISHMENT FOR ADOPTION, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CONSENT OR RELINQUISHMENT IS REQUIRED AND UNDER WHICH COSTS MAY BE ASSESSED AND PAYMENT MADE FOR THE PURPOSE OF ADOPTION; SECTION 20-7-1695, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS NOT REQUIRED, SO AS TO DELETE THE PROVISIONS FOR A PARENT WHO HAS BEEN ADJUDGED INCOMPETENT, PROVIDE FOR A PARENT WHO IS UNLIKELY TO PROVIDE MINIMALLY ACCEPTABLE CARE, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM FOR AN INCOMPETENT PARENT, PROVIDE FOR THE APPOINTMENT OF INDEPENDENT COUNSEL FOR AN INDIGENT AND INCOMPETENT PARENT WHICH MAY BE WAIVED, AND PROVIDE FOR RELINQUISHMENT TO A PERSON FACILITATING THE ADOPTION; SECTION 20-7-1700, RELATING TO THE FORM AND CONTENT OF CONSENT OR RELINQUISHMENT, SO AS TO PROVIDE FOR IT TO SPECIFY WHETHER COUNSELING IS NEEDED OR REQUIRED AND THAT THERE IS NO DURESS OR COERCION INSTEAD OF NO PRESSURE AND DELETE THE REQUIREMENT THAT IT BE FREELY GIVEN; SECTION 20-7-1705, RELATING TO THE SIGNING OF THE CONSENT OR RELINQUISHMENT, SO AS TO CHANGE THE REFERENCE TO THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE FOR THE DETERMINATIONS WHICH MUST BE MADE FOR A CONSENT OR RELINQUISHMENT OBTAINED OUTSIDE OF THIS STATE TO BE VALID IN SOUTH CAROLINA, PROVIDE FOR SIGNING OF THE CERTIFICATION TO THE DOCUMENT GIVING CONSENT OR RELINQUISHMENT, AND PROVIDE FOR CONSENT OR RELINQUISHMENT TO BE GIVEN WITHOUT DURESS OR COERCION INSTEAD OF KNOWINGLY, INTENTIONALLY, AND FREELY; SECTION 20-7-1730, RELATING TO THE FILING OF THE ADOPTION PETITION, CONSENT OR RELINQUISHMENT, AND POSTPLACEMENT INVESTIGATION, SO AS TO REVISE THE REQUIREMENTS AS TO WHICH REPORTS AND DOCUMENTS MUST BE FILED AT THE TIME THE ADOPTION PETITION IS FILED, UNLESS GOOD CAUSE IS SHOWN; SECTION 20-7-1732, RELATING TO THE APPOINTMENT OF A GUARDIAN AD LITEM, SO AS TO DELETE THE REQUIREMENT THAT THE APPOINTMENT MUST OCCUR AFTER THE FILING OF THE ADOPTION PETITION, PROVIDE FOR APPOINTMENT BEFORE A HEARING ON THE ADOPTION OR RELATED MATTERS, AND PROVIDE FOR SERVICE OF THE PETITION UPON THE ADOPTEE; SECTION 20-7-1734, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO REQUIRE THE FILING OF THE REASONS FOR CONTESTING, INTERVENING, OR OTHERWISE RESPONDING TO AN ADOPTION; SECTION 20-7-1740, AS AMENDED, RELATING TO ADOPTION INVESTIGATIONS AND REPORTS, SO AS TO REVISE THE REQUIREMENTS IN A PREPLACEMENT AND POSTPLACEMENT INVESTIGATION AND PROVIDE FOR UPDATING OF THE PREPLACEMENT INVESTIGATION REPORT BEFORE THE PLACEMENT OF THE CHILD INSTEAD OF ONE YEAR FROM THE INITIAL REPORT AND EVERY SIX MONTHS; SECTION 20-7-1750, RELATING TO CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS OR OBTAIN CERTAIN CONSENTS OR RELINQUISHMENTS FOR ADOPTION, SO AS TO CHANGE THE REFERENCES TO CHILDREN'S BUREAU TO DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-1760, RELATING TO FINAL ADOPTION HEARINGS, SO AS TO PROVIDE FOR EXTENDING OR SHORTENING THE TIME OF THE HEARING FOR A SPECIAL NEEDS CHILD AND FOR THE COURT TO MODIFY THE TIME OF THE HEARING EVEN WHEN THE PETITIONER HAS HAD CUSTODY OF THE ADOPTEE FOR NINETY DAYS; SECTION 20-7-1775, RELATING TO DISBURSEMENTS BY OR ON BEHALF OF THE ADOPTION PETITIONER, SO AS TO PROVIDE FOR AN ACCOUNTING OF EXPENSES INCURRED OR FEES FOR SERVICES RENDERED; AND SECTION 20-7-1780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF HEARINGS AND RECORDS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FILES AND RECORDS MAINTAINED BY ANY PERSON CERTIFIED BY THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-1820, AS AMENDED, RELATING TO THE ADOPTION OF A SPOUSE'S CHILD AND A CHILD RELATED BY BLOOD OR MARRIAGE, SO AS TO PROVIDE FOR THE COURT TO WAIVE THE REQUIREMENT OF THE APPOINTMENT OF INDEPENDENT COUNSEL; AND SECTION 16-3-1060, RELATING TO COMPENSATION FOR THE RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROHIBIT THE SELLING OR BUYING OF A MINOR CHILD AND THE RECEIVING OR PAYING OF ANY THING OF VALUE FOR RELINQUISHMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH COSTS MAY BE ASSESSED; AND TO PROVIDE FOR ADOPTION PROCEEDINGS IN PROGRESS AND NOT COMPLETED BEFORE THIS ACT'S EFFECTIVE DATE TO BE CARRIED TO CONCLUSION PURSUANT TO THE PROVISIONS AS THEY EXISTED BEFORE AMENDMENT, UNLESS THE PROCEEDINGS ARE REVISED TO CONFORM AND TO DEFINE "PROCEEDINGS IN PROGRESS".
(R772) H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
At 4:15 P.M. the House resumed, the SPEAKER in the chair.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of the Point of Order.
H. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".
The SPEAKER stated that precedents in the House established that once the 24-hour point was called, under 9.1, 5.14, 5.12 or other, it prevailed for that day and the only way to get back to it was to reconsider.
Rep. L. MARTIN stated that the waiving of the printing was a procedural motion and a previous precedent stated that a procedural motion cannot be reconsidered.
The SPEAKER stated that Rule 5.12 limited specifically and he interpreted that if Rule 5.14 had meant to be limited, then the House would limit it in the same manner. He further stated that the House should not be precluded from reaching the matter. He overruled the Point Or Order and allowed the motion to stand.
The question then recurred to the motion to reconsider the vote whereby the House refused to waive Rule 5.14.
Rep. L. MARTIN moved to table the motion
Rep. KOON 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 Arthur Aydlette Bailey, G. Barfield Baxley Bennett Blanding Boan Brown, H. Brown, J. Brown, R. Burch Burriss, J.W. Burriss, M.D. Burriss, T.M. Chamblee Cole Cooper Derrick Edwards Elliott Faber Fair Ferguson Gentry Gilbert Harris, J. Harris, P. Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Koon Lewis Mappus Martin, L. Mattos McBride McCain McElveen McGinnis McKay McLeod, E.B. McTeer Moss Nesbitt Pettigrew Petty Phillips, O. Rice Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Townsend Tucker Wells Wilder
Those who voted in the negative are:
Bradley, J. Davenport Harvin Haskins Hayes Kohn Rogers, J. Washington
So, the motion to table was agreed to.
The SPEAKER granted Rep. H. BROWN a leave of absence for the remainder of the day.
Rep. J. BRADLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Brown, G. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Davenport Derrick Edwards Elliott Faber Ferguson Foster Gentry Gilbert Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen Mcginnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Wilder Wilkins
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. J. BRADLEY, T.C. ALEXANDER and AYDLETTE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., June 2, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-10-240 of the 1976 Code, as last amended by an act of 1988 bearing ratification number 603, is further amended to read:
"Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. When If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is customarily or contractually granted, a motor vehicle is or becomes an uninsured motor vehicle, the insurer shall give written notice within ten days after such five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office Certificate of Mailing to the department of the cancellation or refusal to renew. The department may not thereafter reissue registration certificates and license plates for the vehicle until satisfactory evidence has been filed by the owner that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on any motor vehicle registered in South Carolina, then the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. Any person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension does possess liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to immediately appeal the suspension to the Chief Insurance Commissioner. If the Chief Insurance Commissioner determines that the person has sufficient liability insurance coverage, the Chief Insurance Commissioner shall notify the department and the suspension is voided immediately. The department shall give notice by first class mail certified mail, return receipt requested, of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be held at the department office in the county where the person who surrenders the plates resides.
If the vehicle owner refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to any county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not thereafter reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee in the amount of twenty-five one hundred dollars.
Any person wilfully failing to return his motor vehicle license plates and registration certificates as required in 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 or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.
Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 2. Section 38-73-455(A)(7) of the 1976 Code is amended to read:
"(7) has for thirty or more consecutive days during the twelve months immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or".
SECTION 3. Section 1 of this act takes effect January 1, 1989, and Section 2 takes effect July 1, 1988./
Amend title to conform.
/s/Edward E. Saleeby /s/John D. Bradley, III /s/Herbert U. Fielding /s/D. L. Aydlette /s/Addison G. Wilson /s/Thomas C. Alexander On Part of the Senate. On Part of the House.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SHARPE the invitation was accepted.
At 4:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R773) S. 998 -- Senator McConnell: AN ACT TO AMEND SECTION 40-51-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND EXAMINATION OF APPLICANTS TO PRACTICE PODIATRY, SO AS TO DELETE THE PROVISIONS ON THE MINIMUM REQUIRED NUMBER OF SCHOLASTIC YEARS AND ON TEMPORARY LICENSES AND TO PROVIDE FOR A RECOGNIZED COLLEGE OF PODIATRIC MEDICINE TO BE ACCREDITED BY THE COUNCIL ON PODIATRIC MEDICAL EDUCATION.
(R774) S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: AN ACT TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR AND MAY BE CHANGED OR CORRECTED ONLY IN THE INDEX FOR THE FOLLOWING YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT AND TO PROVIDE THAT WHEN AN APPEAL EXTENDS BEYOND THE END OF THE TAXABLE YEAR, THE ASSESSOR SHALL ENTER THE VALUE OF THE PROPERTY UNDER APPEAL AT EIGHTY PERCENT OF THE VALUE FOR THE CURRENT YEAR.
(R775) H. 4276 -- Rep. J. Bradley: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-1989 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1988-1989.
(R776) H. 3453 -- Rep. Hayes: AN ACT TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY BY ADDING SECTION 16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON CERTAIN UNSOLICITED CONSUMER TELEPHONE CALLS AND THE MANNER IN WHICH THESE CALLS MAY BE MADE, TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 16-17-446 SO AS TO REGULATE THE MANNER IN WHICH AUTOMATICALLY DIALED ANNOUNCING DEVICE (ADAD) CALLS MAY BE MADE.
(R777) H. 4228 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO THE CONSUMPTION, POSSESSION AND SALE OF ALCOHOLIC BEVERAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 950, WITH THE EXCEPTION OF THE REPEAL OF REGULATION 7-43 RELATING TO COUPONS WHICH IS DISAPPROVED, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R778) H. 2963 -- Reps. Evatt, Beasley and Hayes: AN ACT TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES AND PROVIDE FOR PAYMENT OF A FISCAL INCENTIVE TO THE DEPARTMENT FOR COLLECTION AND ENFORCEMENT OF ABSENT PARENT SUPPORT OBLIGATIONS AND REINVESTMENT OF THE INCENTIVE IF IT IS NOT OWED TO A CONTRACTING ENTITY.
At 4:55 P.M. the House resumed, the SPEAKER in the chair.
The following was introduced:
H. 4362 -- Reps. J.H. Burriss, Klapman, Humphries and Derrick: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MISS JAMEY E. COLLINS OF CHAPIN IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate returned to the House with amendments the following:
H. 4072 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEARS 1990 AND 1992 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.
The Senate Amendments were agreed to, and the Joint Resolution, 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 returned to the House with amendments the following:
H. 4073 -- Reps. Dangerfield, J. Bradley, Aydlette, Washington, Winstead, Kohn, D. Martin, Klapman, Altman, Mappus, Whipper and Holt: A BILL TO AMEND SECTIONS 57-5-820 AND 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON HIGHWAYS WITHIN ITS LIMITS, SO AS TO PROVIDE THAT, UPON APPEAL BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, REGIONAL COUNCILS OF GOVERNMENTS MAY MAKE A FINDING THAT THE WORK IS OF MULTIJURISDICTIONAL SIGNIFICANCE AND THE FINDING SHALL ALLOW HIGHWAY, BRIDGE, OR OTHER HIGHWAY FACILITY CONSTRUCTION IN A MUNICIPALITY IN AN URBANIZED AREA WITHOUT PLAN APPROVAL OF THE MUNICIPALITY.
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 was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1330:
S. 1330 -- Senator Williams: A BILL TO AMEND SECTIONS 61-3-710 AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION, AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATION, TERM AND FEE, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERM AND FEE, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSE LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3379:
H. 3379 -- Rep. Hayes: A BILL TO AMEND SECTION 12-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX REFUNDS AND THE RETENTION OF REFUNDS UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT UPON REQUEST FROM AN EDUCATIONAL INSTITUTION, THE TAX COMMISSION SHALL SEND TO IT THE HOME ADDRESS, CORRECTED SOCIAL SECURITY NUMBER, OR ADDITIONAL SOCIAL SECURITY NUMBERS, IF MORE THAN ONE IS USED, OF ANY TAXPAYER WHOSE NAME HAS BEEN SUBMITTED TO THE COMMISSION BY THE EDUCATIONAL INSTITUTION FOR DEFAULTING ON AN EDUCATIONAL LOAN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1240:
S. 1240 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATIONS' OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1398:
S. 1398 -- Senator McLeod: A BILL TO AMEND CHAPTER 43, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUEFIED PETROLEUM GASES, SO AS TO CHANGE AND ADD DEFINITIONS AND TO REVISE PROCEDURES FOR REGULATING THE USE OF LIQUEFIED PETROLEUM GASES, TO CHANGE INSURANCE REQUIREMENTS, AND TO DELETE REQUIREMENTS FOR THE IDENTIFICATION OF VEHICLES POWERED BY LIQUEFIED PETROLEUM GAS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1438:
S. 1438 -- Senators Saleeby, Peeler, Lee and Land: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATIONS OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE WHICH RESULTS IN A REQUIRED REPORT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 2593:
H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 379:
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, Fielding and Wilson of the Committee of Free Conference on the part of the Senate on H. 3572:
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
Very respectfully,
President
No. 34
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
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. 3572:
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
Very respectfully,
President
No. 59
Received as information.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Giese, Pope and Martin of the Committee of Conference on the part of the Senate on S. 1392:
S. 1392 -- Senators Giese, Nell W. Smith and Hayes: A CONCURRENT RESOLUTION EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISION OF S. 546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989.
Very respectfully,
President
No. 33
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3742:
H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1534, by a vote of ayes: 46, nays: 0:
S. 1534 -- Senators McLeod, Matthews and Waddell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OR OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES, WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Peeler and Saleeby of the Committee of Conference on the part of the Senate on H. 3890:
H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MADE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
Very respectfully,
President
No. 35
Received as information.
The following was received.
Columbia, S.C., June 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 2752:
H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
Very respectfully,
President
No. 58
Received as information.
The Senate returned to the House with concurrence the following:
H. 4290 -- Reps. Townsend, T. Alexander, Chamblee, Cooper, P. Harris, Kay, McLellan and Tucker: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE FORESTRY COMMISSION TO TAKE IMMEDIATE ACTION TO FILL PRESSING NEEDS OF ANDERSON COUNTY IN THE MANAGEMENT OF ITS FORESTRY RESOURCES.
H. 4322 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Washington, Winstead, Aydlette, D. Martin, Dangerfield, Kohn and Mappus: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR HOUSE BILL 3960 INTRODUCED IN THE UNITED STATES CONGRESS BY CONGRESSMAN ARTHUR RAVENEL, JR., WHICH DIRECTS THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE TO ASSUME RESPONSIBILITY FOR AND PROTECT THE COUNTRY HOME OF CHARLES PINCKNEY, DISTINGUISHED SOUTH CAROLINA POLITICAL LEADER AND DIPLOMAT, LOCATED IN SNEE FARM IN CHARLESTON COUNTY.
H. 4332 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES COAST GUARD TO DONATE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY THE SHIP INGHAM WHICH IS BEING DECOMMISSIONED AFTER FIFTY-TWO YEARS OF DISTINGUISHED SERVICE.
H. 4339 -- Reps. Koon, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, J. Bradley, G. Brown, H. Brown, J. Brown, Burch, J.H. Burriss, M.D. Burriss, Chamblee, Clyborne, Cole, Cork, Corning, Dangerfield, Derrick, Faber, Fair, Ferguson, Foster, Foxworth, Gentry, Gregory, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Holt, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Kirsh, Klapman, Lewis, Limehouse, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, E.B. McLeod, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Shelton, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Wilder, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. LOIS T. SHEALY WHO HAS SERVED THIS STATE AS WELL AS THE HOUSE OF REPRESENTATIVES FOR OVER THREE DECADES AND TO EXTEND BEST WISHES FOR A PEACEFUL, REWARDING, AND PRODUCTIVE LIFE.
H. 4354 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND MR. JAMES BRYANT COAXUM FOR HIS THIRTY-FIVE YEARS OF OUTSTANDING SERVICE IN THE SOUTH CAROLINA PUBLIC SCHOOL SYSTEM UPON THE OCCASION OF HIS RETIREMENT.
H. 4355 -- Reps. Sheheen, J. Rogers and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1988, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 7, 8, 9, 10, 14, 15, 16, AND 17, 1988, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 17, 1988, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 10:00 A.M. ON MONDAY, JUNE 20, 1988, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 20 THROUGH JUNE 23, 1988, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 23, 1988, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.
H. 4356 -- Orangeburg Delegation: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA STATE COLLEGE GOLF TEAM UPON THEIR WINNING THEIR SECOND STRAIGHT NATIONAL MINORITY COLLEGE GOLF CHAMPIONSHIP.
H. 4359 -- Reps. McEachin, McKay, J.W. McLeod and Nettles: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE FRANK GILBERT OF FLORENCE FOR HIS YEARS OF SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HE LEAVES PUBLIC OFFICE.
H. 4361 -- Reps. T.M. Burriss, Derrick, Felder, Klapman, Koon, Sharpe and Sturkie: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOHN HAY BURRISS FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REPRESENTING DISTRICT 85 IN LEXINGTON COUNTY AS HIS SERVICE IN THE HOUSE COMES TO A CLOSE, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
H. 4362 -- Reps. J.H. Burriss, Klapman, Humphries and Derrick: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MISS JAMEY E. COLLINS OF CHAPIN IN LEXINGTON COUNTY.
At 5:00 P.M. the House in accordance with H. 4355 (Sine Die Adjournment Resolution) adjourned to meet at 10:00 A.M., Tuesday, June 7.
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