Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by Father Leigh A. LeHocky, Pastor, St. Peter's Catholic Church in Columbia:
O great and almighty, ancient and mysterious God of the universe. We are filled with awe and reverence as we dare to call You, Our Father. Throughout all ages You have walked with us as our Shepherd and Guide.
Help us today to sense Your presence in this chamber. Humble all who stand here by the privilege of their elected office. Pour Your spirit of wisdom and right judgment into their minds. Fill each one with Your love and mercy so that the deliberations of these men and women and the acts of legislation they pass may come forth from peaceful hearts.
Surround them with the trust and confidence of the citizens of this State. May their greatest reward be only to serve You and Your people.
O Lord, continue to be our Good Shepherd through their efforts, may Your grace be at work in them this day and throughout this session. In this body may all the people of South Carolina come to find new reason to recognize Your nearness, to walk in Your ways and to give You praise. Amen.
The following was received.
Columbia, S.C., May 25, 1989
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SNOW the invitation was accepted.
The following was received.
Columbia, S.C., May 24, 1989
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. 373
S. 373 -Senators Holland, Wilson, Matthews and Moore: A BILL TO AMEND SECTION 7-13-325, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME OF A CANDIDATE WHICH MAY APPEAR ON AN ELECTION BALLOT, SO AS TO PROVIDE THAT IF A DERIVATIVE NAME OR NICKNAME IS TO BE USED, THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION MUST BE NOTIFIED IN WRITING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President,
Received as information.
The following was received.
Columbia, S.C., May 24, 1989
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. 259:
S. 269 - Judiciary Committee: A BILL TO AMEND SECTIONS 7-15-130, 7-15-320, AS AMENDED, AND 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO PROVIDE A PROCEDURE ALLOWING ABSENTEE VOTING BY A PERSON WHO IS ADMITTED TO A HOSPITAL AS AN EMERGENCY PATIENT ON THE DAY OF AN ELECTION OR ON THE DAY BEFORE THE ELECTION AND TO PROVIDE THAT AN APPLICATION MAY BE OBTAINED FROM AN EXTENSION OFFICE OF THE REGISTRATION BOARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully;
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, Moore and Mullinax of the Committee of Free Conference on the part of the Senate on H. 3695:
H. 3695 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Very respectfully,
President
Received, as information.
The following was received.
Columbia, S.C., May 24, 1989
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. 3128:
H. 3128 - Rep. McEachin: A BILL TO AMEND CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH AND GAME, BY ADDING SECTION 50-1-25 SO AS TO PROVIDE FOR A BIRD DOG TRAINING SEASON FROM OCTOBER FIRST THROUGH THE DAY BEFORE THE OPENING OF QUAIL SEASON EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASON, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.
Very respectfully,
President
The report of the Committee of 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., May 24, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Lourie, Bryan and Helmly of the Committee of Free Conference on the part of the Senate on H. 3599:
H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1989
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. 3599:
H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.
Very respectfully,
President
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.
On motion of Rep. HAYES the House non-concurred in the Senate Amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 3099 -- Rep. Hayes: A BILL TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO PROVIDE FOR A HEARING BEFORE A JUDICIAL OFFICER BEFORE THE DEFENDANT'S RECOMMITMENT TO CUSTODY.
The Senate returned to the House with amendments the following:
H. 3078 -- Rep. Wilder: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS; TO INCREASE THE PENALTY FOR THE VIOLATIONS; AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE 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 returned to the House with amendments the following:
H. 3762 - Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO PROVIDE THAT THE REQUIRED REPORT BE MADE BY THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE SELF-INSURER'S FISCAL YEAR, PROVIDE AUTHORITY TO THE WORKERS' COMPENSATION COMMISSION TO ASSESS A PENALTY AGAINST A SELF-INSURER WHO FAILS TO PAY THE TAX BY THE REQUIRED DATE, AND PROVIDE FOR THE WITHDRAWAL OF THE PRIVILEGE OF SELF-INSURING IN SOUTH CAROLINA UNDER CERTAIN CONDITIONS.
Rep. HEARN explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 4109-- Reps. Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos; McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO COMMEND FORT JACKSON AND ITS ENTIRE STAFF AND PERSONNEL FOR BEING NAMED THE RECIPIENT OF THE 1988 "COMMANDER-IN-CHIEF'S INSTALLATION AWARD OF EXCELLENCE" IN RECOGNITION AS THE BEST UNITED STATES ARMY BASE IN THE WORLD AND TO THANK FORT JACKSON FOR ITS MANY YEARS OF OUTSTANDING SERVICE TO THE NATION AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SHEHEEN, with unanimous consent, the following was taken up for immediate consideration:
H. 4110-- Rep. Sheheen: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER, HOUSE CHAMBER, AND THE BLATT BUILDING NOVEMBER 2 THROUGH NOVEMBER 5, 1989, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the chamber of the Senate, the chamber of the House of Representatives, and the Blatt Building, November 2 through November 5, 1989, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate chamber may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives, and the Blatt Building may not be used on these days.
Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers and facilities.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3800 - Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.
Ordered for consideration tomorrow.
Rep. KIRSH, from the York Delegation, submitted a favorable report, on:
S. 671 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3, SO AS TO DELETE PROVISIONS WHICH STIPULATE WHEN ELECTED MEMBERS OF THE BOARD TAKE OFFICE, WHAT PUBLIC NOTICE OF THE ELECTIONS IS REQUIRED, AND THE DATES BY WHICH A CANDIDATE MUST FILE NOTICE OF HIS CANDIDACY.
On motion of Rep. HAYES, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 671 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3, SO AS TO DELETE PROVISIONS WHICH STIPULATE WHEN ELECTED MEMBERS OF THE BOARD TAKE OFFICE, WHAT PUBLIC NOTICE OF THE ELECTIONS IS REQUIRED, AND THE DATES BY WHICH A CANDIDATE MUST FILE NOTICE OF HIS CANDIDACY.
The Bill was read the second time and ordered to third reading.
On motion of Rep. HAYES, with unanimous consent, it was ordered that S. 671 be read the third time tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4111 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO PROHIBIT THE SALE AND USE OF CIGARETTE OR TOBACCO PAPER.
Referred to Committee on Labor, Commerce and Industry.
H. 4112 - Rep. Sheheen: A BILL TO AMEND SECTION 7-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDEFINE AND RENAME THE PRECINCTS, PROVIDE THAT THE LINES DEFINING THE PRECINCTS ARE AS SHOWN ON THE OFFICIAL MAP PREPARED BY AND FILED WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE KERSHAW COUNTY ELECTION COMMISSION, SUBJECT TO THE APPROVAL OF A MAJORITY OF THE KERSHAW COUNTY LEGISLATIVE DELEGATION, TO ESTABLISH POLLING PLACES FOR THE PRECINCTS.
Without reference.
S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN OR NURSE.
Rep. HUFF moved to waive Rule 5.12, which was agreed to by a division vote of 52 to 0.
On motion of Rep. HUFF, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 472 - Senator Drummond: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING DECEMBER, JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
S. 700 - Senators Peeler, Giese and Rose: A BILL TO AMEND SECTION 44-53-1320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "LEAD POISONING PREVENTION AND CONTROL ACT", SO AS TO REVISE CERTAIN DEFINITIONS AND DEFINE "ABATE"; SECTION 44-53-1430, RELATING TO THE PRESENCE AND REMOVAL OF LEAD BASE SUBSTANCES, SO AS TO PROVIDE FOR THE APPLICATION OF THE SECTION TO A DWELLING, DWELLING UNIT, AND CHILD CARE FACILITY AND TO A LEAD BASE SUBSTANCE AND LEAD BEARING MATERIAL, DELETE THE REFERENCE TO PAINT AND SIMILAR SURFACE COATING MATERIAL AND THEIR REMOVAL, REPLACEMENT, AND COVERING, AND PROVIDE FOR ABATEMENT OF THE SUBSTANCE; AND SECTION 44-53-1440, RELATING TO THE PROHIBITION AGAINST THE RENTAL OF A DWELLING OR DWELLING UNIT CONTAINING A LEAD BASE SUBSTANCE, SO AS TO DELETE THE REFERENCE TO ITS CLEARANCE, REMOVAL, REPLACEMENT, AND COVERING AND PROVIDE FOR ITS ABATEMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
On motion of the Kershaw Delegation, with unanimous consent, it was ordered that H. 4112 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, R. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Foster Gentry Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 25, 1989.
Rick Quinn Maggie Glover John Felder Tee Ferguson T.M. Burriss
LEAVE OF ABSENCE
The SPEAKER granted Rep. HOLT a leave of absence for the remainder of the Session.
The SPEAKER granted Rep. SMITH a temporary leave of absence.
Reps. SHORT and STURKIE 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, May 24, 1989.
Announcement was made that Dr. James Oliver of Greenville is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 4113 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO COMMEND MR. KENNETH LAW ON HIS RETIREMENT AS PRINCIPAL OF W.A. PERRY MIDDLE SCHOOL OF COLUMBIA AND FOR HIS MANY YEARS OF OUTSTANDING AND DEVOTED SERVICE AS AN EDUCATOR IN THE PUBLIC SCHOOLS OF THIS STATE.
The Concurrent Resolution wee agreed to and ordered sent to the Senate.
The following was introduced:
H. 4114 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE MR. KING B. L. JEFFCOAT UPON HIS RETIREMENT AS ASSISTANT PRINCIPAL FOR W.A. PERRY MIDDLE SCHOOL OF COLUMBIA, AND TO COMMEND HIM FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A TEACHER AND ADMINISTRATOR AT W.A. PERRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 739 -- Senators Setzler, Moore, Drummond and Hayes: A CONCURRENT RESOLUTION DECLARING THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE STATE BUDGET AND CONTROL BOARD AND THE STATE REORGANIZATION COMMISSION INITIATE ALL APPROPRIATE MEASURES TO PREPARE FOR IMPLEMENTATION OF THE PILOT PROGRAMS ON SCHOOL BUS TRANSPORTATION AUTHORIZED IN THE GENERAL APPROPRIATION BILL FOR FISCAL YEAR 1989-90.
On motion of Rep. BEASLEY, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 739 -- Senators Setzler, Moore, Drummond and Hayes: A CONCURRENT RESOLUTION DECLARING THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE STATE BUDGET AND CONTROL BOARD AND THE STATE REORGANIZATION COMMISSION INITIATE ALL APPROPRIATE MEASURES TO PREPARE FOR IMPLEMENTATION OF THE PILOT PROGRAMS ON SCHOOL BUS TRANSPORTATION AUTHORIZED IN THE GENERAL APPROPRIATION BILL FOR FISCAL YEAR 1989-90.
Whereas, the General Assembly during the 1988 session created the Joint School Bus Transportation Study Committee to study the management of all school bus transportation with the view of assessing the feasibility of permitting private individuals or contractors to furnish school bus services; and Whereas, the Joint School Bus Transportation Study Committee determined that pilot projects in up to six school districts beginning in fiscal year 1988-89 to operate a school bus transportation system with a private contractor could be conducted in a manner which will promote the safe transportation of school children more efficiently and with an overall savings to the State; and
Whereas, the General Appropriation Bill for fiscal year 1989-90 contains a provision authorizing and funding the pilot programs and providing for the evaluation and auditing of the pilot programs by the State Reorganization Commission and for the appropriate allocation of funds by the Department of Education upon approval by the State Budget and Control Board: and
Whereas, it is essential that the State Budget and Control Board and the State Reorganization Commission make preparations to implement the pilot programs immediately upon enactment of the General Appropriation Bill for fiscal year 1989-90. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly declares that it is the intent of the General Assembly that the State Budget and Control Board and the State Reorganization Commission initiate all appropriate measures to prepare for implementation of the pilot programs on school bus transportation authorized in the General Appropriation Bill for fiscal year 1989-90, which preparations shall include but not be limited to the notification of all school districts of the likely availability of the pilot projects, the development of a timely implementation schedule for the pilot projects, the determination of a method of allocation of funds by the Department of Education to school districts for the pilot projects in an amount to be determined by the Joint School Bus Transportation Study Committee, and the development of criteria for the selection of one or more private companies to conduct the pilot projects.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.
Ordered for consideration tomorrow.
The following was introduced:
H. 4115 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.350, RELATING TO MANUFACTURED HOUSING, FOR SECOND READING OR OTHER CONSIDERATION ON THURSDAY, MAY 25, 1989, IMMEDIATELY FOLLOWING CONSIDERATION OF SENATE AMENDMENTS ON THE CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.350 UNTIL SECOND READING OR OTHER DISPOSITION AND FOR THIRD READING AFTER SECOND READING OF S. 721.
Be it resolved by the House of Representatives:
That S.350 be set by special order for second reading or other consideration on Thursday, May 25, 1989, immediately following consideration of Senate amendments on the calendar and continuing each legislative day thereafter immediately following consideration of Senate amendments on the calendar until S.350 is given second reading or it is otherwise disposed of and for third reading after second reading of S. 721.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 4116 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 721, RELATING TO TAX REFUNDS OR ABATEMENTS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OF S. 350 AND FOR THIRD READING AFTER THIRD READING OF S. 350 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.721 UNTIL IT IS GIVEN THIRD READING OR IT IS OTHERWISE DISPOSED OF.
Be it resolved by the House of Representatives:
That S. 721 be set by special order for second reading or other consideration immediately following second reading of S. 350 and for third reading after third reading of S.350 and continuing each legislative day thereafter immediately following consideration of Senate amendments on the calendar until S. 721 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
Reps. WRIGHT and QUINN introduced to the House, Members of the Irmo High School's Academic Quiz Team and Science Team, and Irmo Middle School Campus I Science Team, and their coaches.
The following Bill was taken up.
S. 789 - Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1978, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
The York Delegation, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5007U), which was adopted.
Amend the bill, as and if amended, in Section 7-7-530 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /Fort Mill No. 5/ on line 32 of page 1 /and No. 6/.
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4095 -- Reps. R. Brown and Harwell: A BILL TO AMEND ACT 607 OF 1986, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO FURTHER PROVIDE FOR THE ANNUAL MILLAGE WHICH MAY BE LEVIED BY THE BOARD.
H. 4096 -- Aiken Delegation: A BILL TO PROVIDE THAT FOR THE YEAR 1989 AND THEREAFTER, A TAX MILLAGE OF EIGHTY-FOUR MILLS IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY.
H. 4100 -- Reps. Kay, Carnell and Townsend: A BILL TO AMEND ACT 753 OF 1988, RELATING TO MATERIAL FEES WHICH THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 IS AUTHORIZED TO IMPOSE, SO AS TO PROVIDE FOR THE MANNER IN WHICH THESE MATERIAL FEES MAY BE INCREASED BY THE BOARD AND THE STUDENTS TO WHICH THESE FEES APPLY.
H. 3451 -- Reps. Farr, T. Rogers, McBride, Rama, M.D. Burriss, Phillips, Moss, Harwell, Taylor, Wilkes, Littlejohn, T.C. Alexander, J. Brown, Huff, Waldrop, Barfield, D. Williams, Whipper, Glover, Wofford, Keegan, Chamblee, L. Martin, Hodges, Wilder, Blanding, K. Bailey, Snow, Stoddard, Mappus, Winstead, J. Bailey and Wright: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND DELINQUENT REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE FOR THE WAIVER OF THE DELINQUENCY PENALTY FEE OF FIVE DOLLARS IN CASES WHERE THE OWNER DEMONSTRATES THAT HIS PERSONAL ILLNESS WAS THE CAUSE OF HIS FAILURE TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN REQUIRED.
H. 3677 -- Reps. Hearn, J. Bailey, Baxley, T. Rogers, Littlejohn, Waites, Wilder, Faber, Hodges, P. Harris, Wells, Wright, Jaskwhich and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-310 SO AS TO PROVIDE THAT SUCCESSFUL COMPLETION OF A COURSE IN THE BRAILLE SYSTEM OF AT LEAST ONE CREDIT HOUR IS A PREREQUISITE FOR GRADUATION FOR STUDENTS MAJORING IN SPECIAL EDUCATION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING.
The following Bills 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. 271 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM PORTIONS OF ROADS S 28-52 FROM S 28-185 AND ALL OF ROAD S 28-731 IN KERSHAW COUNTY.
S. 482 -- Senator Lee: A BILL TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN LICENSES OF INSURANCE AGENTS ARE NOT REQUIRED, SO AS TO PROVIDE THAT CERTAIN AGENCY OFFICE EMPLOYEES ARE NOT REQUIRED TO BE LICENSED.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4106 -- Reps. Townsend, Kay, Cooper, Tucker, T.C. Alexander, Chamblee and P. Harris: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS NUMBERS 1, 2, 3, 4, AND 5 MAY IMPOSE OR INCREASE MATERIAL FEES FOR STUDENTS IN AN APPROPRIATE AMOUNT AS DETERMINED BY THE RESPECTIVE BOARDS BEGINNING WITH THE 1989-90 SCHOOL, YEAR.
H. 4107 -- Rep. Baker: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE SOUTH GREENVILLE AREA FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO RAISE THE DEBT LIMIT OF THE FIRE DISTRICT.
S. 794 -- Senator Hayes: A BILL TO AMEND ACT 292 OF 1987, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THE AUTHORIZED MILLAGE BY TWO MILLS.
On motion of Rep. P. HARRIS, with unanimous consent, it was ordered that H. 4106 be read the third time tomorrow.
On motion of Rep. BAKER, with unanimous consent, it was ordered that H. 4107 be read the third time tomorrow.
On motion of Rep. HAYES, with unanimous consent, it was ordered that S. 794 be read the third time tomorrow.
The motion of Rep. WALDROP to reconsider the vote whereby the following Bill was given a second reading was taken up:
H. 3567 -- Reps. Boan, McLellan, McElveen, Taylor and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES BY SETTING FORTH PURPOSES, DEFINITIONS, THE CONTENT OF RENTAL AGREEMENTS, THE LIMITATIONS ON THE ADVERTISING, QUOTING, AND CHARGING OF RENTAL RATES, AND PENALTIES.
Rep. KOHN moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up.
H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
Rep. LIMEHOUSE, with unanimous consent, proposed the following Amendment No. 2 (Doc. No. 5073U), which was adopted.
Amend the bill, as and if amended, in Section 20-7-852(B), page 3, line 9, by inserting after /amounts./ /The department shall submit revised guidelines and criteria for approval by the General Assembly no later than January 15, 1990. After that date, whenever the department reviews these guidelines, any revisions and the criteria used to determine them must be submitted for approval by the General Assembly and may not be put into effect until approved by the General Assembly./
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.
S. 571 - Senators Lourie, Passailaigue, Wilson, Leatherman, Fielding, McGill, Waddell, Courson, Long and Rose: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO CHANGE TIMES WHEN THE CONVENTIONS MUST BE HELD.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 24, by Rep. RUDNICK.
Rep. WILKINS continued speaking and moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 503 -- Senators Land, Moore, Lourie, McLeod, Lindsay, Thomas, Bryan, Mitchell, Patterson, Pope and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, May 23, by Rep. J. ROGERS.
Rep. J. ROGERS explained the amendment.
Rep. HEARN spoke against the amendment and moved to table the amendment.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Baker Beasley Blackwell Blanding Boan Brown, H. Brown, J. Burriss, M.D. Carnell Clyborne Cole Cooper Corbett Cork Davenport Derrick Fair Felder Gentry Gregory Hallman Haskins Hearn Hendricks Kay Lanford Littlejohn Manly Martin, L. McAbee McCain McGinnis McLeod Moss Neilson Nesbitt Phillips Quinn Rhoad Rudnick Sharpe Simpson Smith Snow Vaughn Waites Wells Whipper Wilder Winstead Wofford Wright
Those who voted in the negative are:
Bailey, K. Barber Baxley Chamblee Faber Farr Gordon Johnson, J.C. Keesley Koon Limehouse McEachin Rogers, J. Rogers, T. Sheheen Taylor Washington White Williams, J.
So, the amendment was tabled.
The Bill was read the second time and ordered to third reading.
On motion of Rep. McABEE, with unanimous consent, it was ordered that S. 503 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 4020 - Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1107, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. M.O. ALEXANDER explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Monday, May 29, which was adopted.
Rep. M.O. ALEXANDER moved to adjourn debate upon the Joint Resolution until Monday, May 29, which was adopted.
H. 4021 - Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO SEWERAGE UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1106, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McABEE moved that the House recur to the morning hour.
Rep. SIMPSON moved to table the motion, which was not agreed to.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
The following Joint Resolution was taken up.
H. 4022 - Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1085, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. M.O. ALEXANDER explained the Joint Resolution.
Rep. WINSTEAD moved to adjourn debate upon the Joint Resolution until Monday, May 29, which was adopted.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4023 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1083, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4024 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO GROUP HEALTH INSURANCE COORDINATION OF BENEFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1072, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4025 -- Rep. Taylor: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF VERNA ENTERPRISES, INC., IN RICHLAND COUNTY.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4023 be read the third time tomorrow.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4024 be read the third time tomorrow.
On motion of Rep. TAYLOR, with unanimous consent, it was ordered that H. 4025 be read the third time tomorrow.
The following Bill was taken up.
H. 3453 - Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR OBSTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Rep. KOON proposed the following Amendment No. 5 (Doc. No. 4200U), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION____. The functions, duties, and powers of the State Board of Veterinary Medical Examiners in regard to the regulation of the purchase, sale, and use of rabies serum and the vaccination of animals for rabies is devolved upon the Department of Health and Environmental Control. The department by regulation shall provide for the manner in which these functions are to be performed which regulations must be consistent with applicable federal regulations and standards./
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 23 to 45.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. LIMEHOUSE objected to the Bill.
Rep. CORNING proposed the following Amendment No. 6 (Doc. No. 4225U).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION____. No licensed veterinarian may require a physical examination of the animal or any other service as a precondition to providing an inoculation against rabies as required by law, except that the licensed veterinarian may require the owner of the animal to execute a waiver of liability if the animal is not given a physical examination by the veterinarian which provides that the veterinarian is immune from any liability which may result from the effects of the rabies serum or vaccine on the animal./
Renumber sections to conform.
Amend title to conform.
Rep. CORNING explained the amendment.
Further proceeds were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 6, Rep. CORNING having the floor.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R162) S. 289 -- Senator Courson: AN ACT TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO REVISE THE PROHIBITION AGAINST TAKING FINGERPRINTS OF A CHILD WITHOUT AN ORDER FROM THE FAMILY COURT AND TO PROVIDE THE CONDITIONS AND CIRCUMSTANCES UNDER WHICH THE FINGERPRINTS OF CERTAIN CHILDREN MAY BE TAKEN AND THE PROCEDURES TO BE FOLLOWED WHEN TAKING THESE FINGERPRINTS.
(R163) S. 373 -- Senators Holland, Wilson, Matthews and Moore: AN ACT TO AMEND SECTION 7-13-325, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME OF A CANDIDATE WHICH MAY APPEAR ON AN ELECTION BALLOT, SO AS TO PROVIDE THAT IF A DERIVATIVE NAME OR NICKNAME IS TO BE USED, THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION MUST BE NOTIFIED IN WRITING AND TO AMEND SECTION 12-54-240 RELATING TO THE PROHIBITION AGAINST DISCLOSURE BY THE TAX COMMISSION OF INFORMATION SO AS TO PERMIT DISCLOSURE OF TAXPAYER NAMES, SOCIAL SECURITY NUMBERS, AND ADDRESSES TO THE STATE ELECTION COMMISSION AND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR JURY LIST PURPOSES.
(R164) S. 673 -- Senators Gilbert and Hinds: AN ACT TO REVISE THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION AND PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 ELECTION, TO PROVIDE FOR THE TERMS OF THESE MEMBERS, AND TO PROVIDE THAT THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD MUST BE ELECTED BY THE BOARD.
(R165) S. 656 -- Senator Macaulay: AN ACT TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD THE STAMP CREEK PRECINCT AND TO REVISE THE BOUNDARIES OF KEOWEE PRECINCT.
(R166) S. 307 -- Finance Committee: AN ACT TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR THE EXEMPTION TO BE GRANTED FOR THE SUCCEEDING TAX YEAR IF APPLICATION IS MADE AFTER JULY FIFTEENTH AND IF THE PERSON QUALIFIES UNDER THIS SECTION WHEN THE APPLICATION IS MADE, AND PROVIDE FOR ADDITIONAL CIRCUMSTANCES UNDER WHICH A DWELLING PLACE IS EXEMPT FROM TAXES WHEN THE PERSON WHO WAS ENTITLED TO AN EXEMPTION ON THE PLACE DIES.
(R167) S. 642 -- Senator Lindsay: AN ACT TO AMEND SECTION 12-19-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES OF BANK HOLDING COMPANIES AND SAVINGS AND LOAN HOLDING COMPANIES, SO AS TO PROVIDE THAT CORPORATE LICENSE FEES PAID BY INSURANCE HOLDING COMPANY SYSTEMS MUST BE MEASURED IN THE SAME MANNER THAT CORPORATE LICENSE FEES FOR BANK HOLDING COMPANIES AND SAVINGS AND LOAN HOLDING COMPANIES ARE MEASURED AND TO DEFINE "INSURER", "INSURANCE HOLDING COMPANY SYSTEM", AND "SUBSIDIARY" OF AN INSURANCE HOLDING COMPANY SYSTEM.
(R168) S. 688 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO BOXING, KICK-BOXING, WRESTLING AND CLOSED CIRCUIT TELEVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1121, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R169) S. 102 -- Senator McConnell: AN ACT TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF COURT JURISDICTION OVER JUVENILES, SO AS TO CHANGE THE REFERENCE TO CRIMINAL SEXUAL ASSAULT TO CRIMINAL SEXUAL CONDUCT AND TO PROVIDE FOR A PETITION FOR TRANSFER FROM THE FAMILY COURT TO THE COURT OF GENERAL SESSIONS WITHIN THIRTY INSTEAD OF TWO DAYS AFTER A PETITION IS FILED IN THE FAMILY COURT IN MURDER AND CRIMINAL SEXUAL CONDUCT CASES.
(R170) S. 564 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.
(R171) S. 735 -- Senator Giese: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF RYAN INVESTMENT COMPANY, INC., IN RICHLAND COUNTY.
(R172) S. 260 -- Senator Mullinax: AN ACT TO PRESCRIBE THE PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR THE ANDERSON COUNTY SCHOOL DISTRICTS INCLUDING A LIMIT ON INCREASED MILLAGE AND TO REPEAL ACT 1080 OF 1966 RELATING TO A LIMITATION ON THE MILLAGE FOR THE DISTRICTS.
(R173) S. 591 -- Senator Bryan:- AN ACT TO AMEND ACT 879 OF 1966, AS AMENDED, RELATING TO THE LAURENS COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO PROVIDE THAT THE TEN RESIDENT ELECTORS COMPOSING THE COMMISSION MUST BE APPOINTED AT LARGE BY THE GOVERNOR.
(R174) S. 737 -- Senator O'Dell: AN ACT TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
(R175) S. 284 -- Senators Peeler and Lee: AN ACT TO AMEND SECTION 56-3-785, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT LICENSING OF A SEMITRAILER, SO AS TO PROVIDE A FEE OF SEVENTY-FIVE DOLLARS FOR THE PERMANENT LICENSING OF EACH INDIVIDUAL SEMITRAILER, REGULAR TRAILER, AND UTILITY TRAILER AND CERTAIN CHASSIS, TO PROVIDE FOR THE PAYMENT OF THE FEE AND FOR REPORTS TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND TO PROVIDE PENALTIES.
(R176) S. 521 -- Senators Nell W. Smith, Giese and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM AND PROMULGATION OF REGULATIONS, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, RECOMMENDATION AND IMPLEMENTATION OF A COMPREHENSIVE SERVICE SYSTEM, PENALTIES FOR DISCLOSURE VIOLATIONS, AND CONSULTATION REQUIREMENTS BY THE JOINT LEGISLATIVE COMMITTEE.
(R177) S. 281 - Senators Giese, Thomas, Bryan, Lourie, Lindsay and Passailaigue: AN ACT TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO DEFINE "ANABOLIC STEROID", TO PROVIDE THAT CERTAIN ANABOLIC STEROIDS EXPRESSLY INTENDED FOR CATTLE OR NONHUMAN SPECIES ARE EXEMPT FROM REGULATION UNDER THE PROVISIONS OF THIS ARTICLE, TO ESTABLISH THE CONDITIONS UNDER WHICH A PRACTITIONER OR VETERINARIAN ENGAGES IN UNPROFESSIONAL CONDUCT, TO PROVIDE FOR THE REGULATION OF ANABOLIC STEROIDS, AND TO PROVIDE PENALTIES FOR VIOLATION.
(R178) H. 3966 -- Ways and Means Committee: AN ACT TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF DEPRECIABLE ASSETS USED IN THE OPERATION OF THE BUSINESS, PURSUANT TO THE SALE OF THE BUSINESS, AND PROVIDE THAT THIS EXEMPTION ONLY APPLIES WHEN THE ENTIRE BUSINESS IS SOLD BY THE OWNER PURSUANT TO A WRITTEN CONTRACT AND THE PURCHASER CONTINUES THE OPERATION OF THE BUSINESS.
(R179) H. 3990 -- Orangeburg Delegation: AN ACT TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE ONE ADDITIONAL MILL TO BE LEVIED IN THE COUNTY AND USED BY THE ORANGEBURG COUNTY BOARD OF EDUCATION FOR FISCAL YEAR 1989-90 ONLY, TO AUTHORIZE A SCHOOL DISTRICT TO RAISE ITS MILLAGE ONLY UP TO AN ADDITIONAL FIVE MILLS DURING FISCAL YEARS 1989-90 AND 1990-91, AND TO PROVIDE THAT AFTER JUNE 30, 1991, NO SCHOOL DISTRICT MAY RAISE ITS MILLAGE EXCEPT BY REFERENDUM.
(R180) H. 3336 -- Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: AN ACT TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES WITH COMMISSIONERS OF PUBLIC WORKS ESTABLISHED AFTER 1920 HAVING A POPULATION OF FIFTY THOUSAND OR LESS ACCORDING TO THE 1980 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT A SPECIAL OR GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.
(R181) H. 3404 Reps. Fair and Tucker: AN ACT TO AMEND SECTION 59-117-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO INCREASE FROM FIVE TO SIX THE MEMBERS OF THE EXECUTIVE COMMITTEE APPOINTED BY THE BOARD.
(R182) H. 4040 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1989, AND ENDING JUNE 30, 1990.
(R183) H. 3933 -- Rep. R. Brown: AN ACT TO AMEND SECTIONS 37-2-201, 37-3-201, AND 37-3-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT SERVICE AND LOAN FINANCE CHARGES AND FILING FEES, SO AS TO PROVIDE THAT A LENDER WHO HAS FILED RATES BUT HAS NOT POSTED THEM MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND TO REQUIRE CREDITORS TO FILE MAXIMUM RATE SCHEDULES AND PAY FILING FEES BY JANUARY THIRTY-ONE OF EACH YEAR.
(R184) H. 3889 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: AN ACT TO AMEND SECTIONS 46-17-40 AND 46-17-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN COMMODITIES MARKETING LEGISLATION, SO AS TO INCLUDE COTTON, CORN, WHEAT, AND OATS IN THE DEFINITION OF "AGRICULTURAL COMMODITY", AND TO PROVIDE THAT THERE MAY BE NO REFUND OF FUNDS COLLECTED BY THE AGRICULTURE COMMISSION FROM PERSONS MARKETING THE COTTON COMMODITY.
(R185) H. 3528 -- Reps. Sharpe, Hallman, Corbett, G. Brown, Koon, Rhoad, Sturkie, Bennett, Manly, Littlejohn, M.O. Alexander, K. Bailey, Waites, Snow, Bruce and Barfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-13-65 AND 16-13-66, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL OR ATTEMPT TO STEAL ANY CULTURED WILDLIFE FROM A BONAFIDE AQUACULTURE OPERATION OR TO DAMAGE, TRANSFER, OR ATTEMPT TO DAMAGE OR TRANSFER AQUACULTURE PRODUCTS, SPECIES, OR FACILITIES, OR TO INTERFERE WITH AN AQUACULTURIST'S ACTIVITIES, AND TO PROVIDE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 50-17-685 SO AS TO REQUIRE THE USE OF TURTLE EXCLUDER DEVICES IN TRAWL NETS: AND TO AMEND SECTION 50-1-10, RELATING TO WILDLIFE DECLARED TO BE STATE PROPERTY, SO AS TO EXCLUDE FISH GROWN IN AQUACULTURE OPERATIONS.
(R186) H. 3491 -- Reps. McAbee, Kirsh, McLellan and Boan: AN ACT TO REPEAL SECTION 11-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD APPROVE AN INTEREST RATE IN EXCESS OF SEVEN PERCENT A YEAR ON OBLIGATIONS OF PUBLIC BODIES ALLOWED BY LAW TO INCUR DEBT.
(R187) H. 3807 - Rep. Kirsh: AN ACT TO AMEND SECTION 9-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE PAYMENT NECESSARY TO RECEIVE CREDIT UNDER THE SYSTEM FOR SERVICE IN THE SOUTH CAROLINA RETIREMENT SYSTEM IS THE ACCUMULATED CONTRIBUTIONS AND INTEREST IN THE SOUTH CAROLINA RETIREMENT SYSTEM PLUS FIVE PERCENT OF CURRENT SALARY FOR EACH FULL YEAR CREDITED PRORATED FOR PERIODS OF LESS THAN A YEAR.
(R188) H. 3388 -- Ways and Means Committee: AN ACT TO AUTHORIZE THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD TO TRANSFER NO MORE THAN EIGHT MILLION DOLLARS FROM THE DENTAL INSURANCE ACCOUNT TO THE HEALTH INSURANCE ACCOUNT AND TO PROHIBIT FUTURE TRANSFERS EXCEPT UPON THE AUTHORIZATION OF THE GENERAL ASSEMBLY OR, IF THE GENERAL ASSEMBLY IS NOT IN SESSION, UPON THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD.
(R189) H. 3612 -- Rep. M.D. Burriss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-35 SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO PRESERVE AND PROTECT ABANDONED CEMETERIES.
(R190) H. 4041 -- Rep. J.W. Johnson: AN ACT TO AMEND ACT 1197 OF 1930, AS AMENDED, RELATING TO PRESBYTERIAN COLLEGE, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF ITS BOARD OF TRUSTEES ARE SELECTED.
(R191) H. 3216 -- Rep. Boan: AN ACT TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, TO EXEMPT THE POOL FROM TAXATION, AND TO ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, AND TO AMEND SECTION 38-71-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES OF GROUP HEALTH POLICIES, SO AS TO REVISE THESE CONTINUATION OR CONVERSION PRIVILEGES AND DELETE PROVISIONS RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICIES.
(R192) H. 4027 -- Rep. Sheheen: AN ACT TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES OF KERSHAW COUNTY, SO AS TO CHANGE THE DEADLINE TIME PERIOD FOR HAVING AN AUDIT PREPARED FROM NOT MORE THAN NINETY DAYS FROM THE END OF EACH FISCAL YEAR TO DECEMBER FIRST, FOLLOWING THE END OF EACH FISCAL YEAR.
(R193) H. 4026 -- Reps. Townsend, Kay, Tucker, Cooper, P. Harris and Chamblee: AN ACT TO AMEND ACT 510 OF 1982, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE PERSONS, TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD MEMBERS, TO DELETE THE PROVISION THAT ALL MEMBERS BE ELECTED COUNTYWIDE, TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS, AND TO PROVIDE FOR THE INITIAL TERMS OF THE NEW BOARD ELECTED IN 1990.
(R194) H. 3772 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, ROCKY RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1052, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
At 11:40 A.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6, Rep. CORNING having the floor.
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Debate was resumed on Amendment No. 6, by Rep. CORNING.
The amendment was then adopted.
Rep. LIMEHOUSE spoke against the amendment.
Rep. HUFF objected to the Bill.
Rep. SHARPE moved that the House recur to the morning hour.
Rep. BEASLEY moved to table the motion, which was not agreed to.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.
Ordered for consideration tomorrow.
Rep. WILKINS moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session on Monday, May 29, at 1:00 P.M., which was agreed to by a division vote of 70 to 11.
Rep. WASHINGTON moved to adjourn debate upon the following Bill until Monday, May 29, which was adopted.
H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.
Rep. McABEE moved to adjourn debate upon the following Bill until Monday, May 29, which was adopted.
H. 3120 -- Rep. White: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS AND PROVISIONS REGARDING DANGEROUS DRUGS, LICENSED PHARMACISTS, AND DRUG OUTLETS, SO AS TO PROHIBIT THE REFILLING OF CERTAIN PRESCRIPTION MORE THAN ONE YEAR BEYOND THE DATE ON WHICH THEY WERE ORIGINALLY FILLED, AND PROVIDE THAT NOTHING IN THIS SECTION ABRIDGES ANY RIGHT OF A PHARMACIST TO REFUSE TO FILL OR REFILL ANY PRESCRIPTION.
The following Bill was taken up.
H. 3712 -- Reps. Rhoad, Sheheen, Cork, Carnell, Felder, Whipper, T. Rogers, Smith, M.D. Burriss, Rama, Simpson, Farr, White, Stoddard, Fant, Mattos, Holt, G. Bailey, Manly, Fair, Blackwell, Corbett, Elliott, McKay, McLeod, McCain, K. Bailey, Hendricks, Wilder, McElveen, Foster, Washington, Mappus, Phillips, Littlejohn, Bennett, J.C. Johnson, J. Bailey, Baker, Snow, Bruce, Waldrop, D. Williams, Ferguson, Davenport, McLellan, J. Harris, Baxley, Quinn, Clyborne, Hearn, Jaskwhich, Keegan, Tucker, Barfield, Boan, Cole, Wells, L. Martin, Lanford, Altman, Lockemy, Waites and D. Martin: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE STATEWIDE OPEN SEASON FROM SEPTEMBER FIRST TO JANUARY FIRST.
Rep. McABEE proposed the following Amendment No. 5 (Doc. No. 0088R), which was adopted.
Amend the Agriculture and Natural Resources Committee Report, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-310 of the 1976 Code is amended to read:
"Section 50-11-310. The open season for taking antlered deer is:
(1) AB set by the commission between the dates of October first and January first in game zones 1 and 4. The commission may designate the sex of the deer that may be taken and may promulgate regulations of the deer harvest in these game zones.
(2) From September first through January first in all other game zones.
It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3712 be read the third time tomorrow.
The following Bill was taken up.
H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Rep. SHORT proposed the following Amendment No. 10 (Doc. No. 2414U), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, in Section 7-13-70 of the 1976 Code, as contained in SECTION 4, by striking: /The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's Members./ which begins on line 45 of page (3088-5).
Amend the report further, as and if amended, in Section 7-13-70 of the 1976 Code, as contained in SECTION 4, by striking: /The chairmen of the county executive committees of the major political party in the General Assembly and the largest minority party in the General Assembly shall certify the results by signing the list of commissioners of election before the list is sent to the State Election Commission./ which begins on line 14 of page (3088-6).
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 11 (Doc. No. 2842U), which was adopted.
Amend the bill, as amended by the amendment of Representatives Farr, Wilkins, T. Rogers, and Taylor (known as Amendment No. 9, Doc. No. 2465U, dated March 9, 1989), by striking SECTION 13 and inserting:
/SECTION 13. Section 7-17-550 of the 1976 Code is amended to read:
"Section 7-17-550. Prior to the primary, each state political party chairman shall submit four names to the State Election Commission. In the event of an appeal by a candidate from the county board of canvassers for primaries or in the event of a direct protest pursuant to Section 7-17-560, the four persons from the protestant's party must sit with the State Board of Canvassers if they are needed to give the protestant a majority on the State Board of Canvassers for that protest. The Board of State executive committee Canvassers shall meet in Columbia not later than twelve noon, Saturday Wednesday next following the filing of any notice perfected under Section 7-17-540, for the purpose of hearing appeals. The appellant and each all other candidate candidates in the protested race shall have the right to be present at such the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The Board of State committee Canvassers shall be is bound by the facts as determined by the county committee board of canvassers for primaries. Provided, however, that if If in the opinion of at least eighteen a majority of the Members of the Board of State committee Canvassers such the facts should be reviewed, then a hearing de novo shall must be held by the Board of State committee Canvassers. In the event of such this review, the Board of State committee Canvassers may receive any new evidence or exhibits as it, shall in its discretion, deem considers necessary to determine the appeal. The Board of State committee Canvassers shall remain in session until all such appeals have been disposed of."
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Reps. SIMPSON, HENDRICKS and CHAMBLEE a leave of absence for the remainder of the day to attend a ground breaking ceremony of a livestock arena in Clemson.
Reps. RUDNICK, SHORT, BURCH, MARVIN, BOAN, WALDROP, NESBITT, SMITH, McGINNIS, BAXLEY, HARWELL, McLEOD, PHILLIPS and BLANDING proposed the following Amendment No. 12 (Doc. No. 2726U), which was adopted.
Amend the bill, as and if amended, by striking from the bill the following SECTION in its entirety:
/SECTION . Notwithstanding any other provision of law, the operation permitting a qualified elector to vote a straight party ticket in one operation on any vote recording device shall include within that operation voting for president and vice-president./
Renumber sections to conform.
Amend title to conform.
Rep. M.D. BURRISS spoke against the amendment.
Rep. RUDNICK spoke in favor of the amendment.
Rep. HASKINS moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Bruce Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Cork Davenport Derrick Fair Hallman Haskins Hearn Huff Jaskwhich Kay Keegan Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, L. McCain McGinnis Quinn Rama Sharpe Stoddard Sturkie Vaughn Wells Wilder Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Carnell Cooper Corning Faber Fant Farr Felder Ferguson Foster Gentry Glover Harris, J. Hayes Johnson, J.C. Keesley Keyserling Lockemy Manly Martin, D. Mattos McAbee McBride McEachin McLeod McTeer Neilson Nesbitt Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Smith Snow Taylor Tucker Waites Washington Whipper White Wilkes
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. WILKINS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TAYLOR asked unanimous consent that H. 3088 be read a third time tomorrow.
Rep. BLANDING objected.
The SPEAKER granted Rep. M.D. BURRISS a leave of absence for the remainder of the day to attend a "Just Say No" club meeting at Horrell Hill Elementary School.
Rep. BLACKWELL moved that the House recede until 2:00 P.M.
Rep. FANT moved that the House do now adjourn.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are
Barfield Fant Kay Littlejohn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Bruce Burriss, T.M. Carnell Cole Cooper Corbett Cork Corning Davenport Derrick Faber Farr Felder Foster Gentry Hallman Harris, J. Harwell Haskins Hayes Hearn Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Koon Lanford Limehouse Lockemy Manly Mappus Martin, D. Martin, L. McAbee McBride McEachin McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Wells Whipper Wilder Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Rep. BLACKWELL withdrew the motion to recede.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOL WIDE INNOVATION GRANTS PROGRAM.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
H. 3981 - Reps. J. Rogers and Hodges: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR EXAMINATION OF PHYSICIANS, SO AS TO SET STANDARDS FOR FLEX AND SPEX EXAMINATIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4530U), which was adopted.
Amend the bill, as and if amended, in the second paragraph of Section 40-47-140, as contained in SECTION 1, page 1, by striking /percent/ on lines 6 and 8. When amended, the paragraph shall read:
/For FLEX examinations taken before June 1, 1985, the following standards apply:
An applicant for permanent licensure must obtain the the applicant qualifies for a license if, in one sitting, he attained a score of at least seventy-five percent on each day or a of the examination. If the applicant has a a FLEX weighted average of seventy-five percent or better if no score on any individual part is lower than seventy-four or more with no daily score below seventy, the board may accept this score if the applicant currently is board certified by a specialty board recognized by the American Board of Medical Specialities.
For FLEX examinations taken after June 1, 1985, the following standards apply:
An applicant for permanent licensure shall obtain a score of seventy-five or more on both Component I and Component II. An applicant shall pass both components within five years of the first taking of any component of this examination./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that H. 3981 be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 736 -- Senators Mullinax, J. Verne Smith, O'Dell and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR TEMPORARY LICENSE PLATES AND CERTIFICATES OF REGISTRATION OF MOTOR VEHICLES USED ONLY FOR CORPORATE RESEARCH AND DEVELOPMENT.
S. 415 -- Senators Wilson, Lourie, Giese, Setzler and Rose. A BILL TO AMEND SECTION 5-7-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER STREETS AND HIGHWAYS IN MUNICIPALITIES, SO AS TO PROVIDE THAT ANY STREET OR HIGHWAY SERVING AS A BOUNDARY BETWEEN TWO MUNICIPALITIES IS UNDER THE POLICE JURISDICTION OF BOTH MUNICIPALITIES REGARDLESS OF THE MUNICIPALITY IN WHICH THE STREET OR HIGHWAY IS LOCATED.
S. 524 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENGAGING IN OPPRESSIVE CHILD LABOR PRACTICES AND EMPLOYING A CHILD IN VIOLATION OF A CHILD LABOR REGULATION, SO AS TO DELETE THE PROVISIONS SETTING FORTH CRIMINAL PENALTIES FOR THE OFFENSES AND PROVIDE FOR A WARNING AND FINE FOR AN EMPLOYER'S VIOLATION OF A CHILD LABOR REGULATION, DETERMINATION OF THE FINDINGS OF THE COMMISSIONER OF LABOR UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND THE FINE'S RECOVERY AND DEPOSIT.
Rep. LOCKEMY explained the Bill.
S. 457 -- Senator Peeler: A BILL TO AMEND SECTIONS 40-33-10, AS AMENDED, 40-33-510, 40-33-930, 40-33-935, AS AMENDED, 40-33-940, AS AMENDED, AND 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO DEFINE PRACTICE OF NURSING AND NURSING DIAGNOSIS, TO REGULATE THE PRACTICE OF REGISTERED NURSES, TO ESTABLISH STANDARDS FOR DISCIPLINE OF LICENSEES, TO PROVIDE THAT A VIOLATION OF CHAPTER 40 OR REGULATION OF THE STATE BOARD OF NURSING IS GROUNDS FOR DISCIPLINE, TO PROVIDE THAT A LAPSED LICENSE MAY NOT BE REINSTATED WITHOUT THE PERSON DEMONSTRATING NURSING COMPETENCE, TO PRESCRIBE RENEWAL QUALIFICATIONS, AND PROVIDE GROUNDS FOR DENIAL OF REINSTATEMENT OR DENIAL OF A LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-33-931 AND 40-33-941 SO AS TO PROVIDE FOR DISCIPLINE OF LICENSEES, TO PROVIDE FOR REINSTATEMENT OF LAPSED LICENSES, AND TO MAKE IT UNLAWFUL TO PRACTICE NURSING WHEN A LICENSE HAS LAPSED.
H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.
H. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.
H. 3724 - Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.
Rep. WILKINS explained the Bill.
H. 3672 -- Reps. T. Rogers and M.D. Burriss: A BILL TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.
H. 3399 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.
On motion of Rep. MOSS, with unanimous consent, it was ordered that S. 415 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that S. 524 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that S. 457 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 3789 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 3760 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 3724 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3672 be read the third time tomorrow.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 3399 be read the third time tomorrow.
The following Bill was taken up.
H. 3950 - Rep. Fant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-120 SO AS TO EXTEND THE STATUTE OF LIMITATIONS FOR THE FILING OF CLAIMS AND SUITS AGAINST CORPORATIONS AND OTHER EMPLOYERS RELATING TO CLAIMS FILED WITH THE STATE HUMAN AFFAIRS COMMISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4503U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 1-13-90(d)(6) of the 1976 Code is amended to read:
"(6) If a charge filed with the commission by a complainant pursuant to this chapter is dismissed by the commission, or if within one hundred eighty days from the filing of such the charge the commission has not filed an action under this chapter or entered into a conciliation agreement to which the complainant is a party, the complainant may bring an action in equity against the respondent in circuit court. Such The action shall must be brought within one year from the date of the violation alleged, or within ninety days of one hundred twenty days from the date the complainant's charge is dismissed, whichever occurs earlier, except that this period may be extended by written consent of the respondent."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. T.M. BURRISS objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. COOPER a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3811 -- Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4500U), which was adopted.
Amend the bill, as and if amended, in Section 2-15-10 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /Members/ on line 6 of page 2 /, including their designees./ When amended, Section 2-15-10 shall read:
/Section 2-15-10. There is hereby created the Legislative Audit Council consisting of three Members, one of whom shall must be a practicing certif ed public accountant or a licensed public accountant. The council shall must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council shall also include includes as ex officio Members the following Members of the General Assembly: The the Chairmen of the Senate and House Judiciary Committees or their designees; the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or their designees; the Speaker of the House of Representatives and the Lieutenant Governor of the State of South Carolina or their designees. Such The ex officio Members, including their designees, shall be are voting Members on all matters except those pertaining to auditing functions and personnel matters. The council shall be is directly responsible to the General Assembly and shall be is independent of any other state agency, board, or department./
Amend the bill further, as and if amended, in Section 2-15-60 of the 1976 Code, as contained in SECTION 3, by striking item (b) of Section 2-15-60 and inserting:
/(b) To conduct fiscal investigations and make audits, if authorized by the council, upon requests request of the General Assembly or either of its respective bodies, a standing committee, the Speaker of the House, the President Pro Tempore of the Senate, or not less than five Members of the General Assembly, and to submit a report containing its findings and recommendations to the requesting entity or persons and to any member of the General Assembly who may request a copy and when authorized by the Council, of the operations of State departments, agencies, and institutions for the purpose of determining the effectiveness of such operations and possible legislative action to bring about improvements therein./
Amend title to conform.
Rep. BLACKWELL explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3811 be read the third time tomorrow.
The following was received from the Senate.
Columbia, S.C., May 26, 1989
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 S. 643:
S. 643 -- Senator Lindsay: A BILL TO AMEND SECTIONS 37-2-416 AND 37-3-408, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE IN TERMS OF REVOLVING CHARGE AND LOAN ACCOUNTS, SO AS TO DELETE THE REQUIREMENT THAT A CONSUMER INCURS ADDITIONAL DEBT AFTER NOTIFICATION OF A CHANGE IN TERMS, AND REQUIRE THE WRITTEN DISCLOSURE OF A CHANGE IN TERMS TO STATE THAT IF THE CONSUMER DOES NOT WANT TO CONTINUE THE REVOLVING ACCOUNT UNDER THE NEW TERMS THE CREDITOR WILL TERMINATE THE ACCOUNT AND PERMIT THE CONSUMER TO PAY THE EXISTING BALANCE UPON THE TERMS IN EFFECT BEFORE THE CHANGE IN TERMS ON THE WRITTEN REQUEST OF THE CONSUMER.
Very respectfully,
President
On motion of Rep. LIMEHOUSE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. LIMEHOUSE, CORK and G. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
H. 3640 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1076, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION ON ATTORNEY FEES AND PERSONAL MONEY JUDGMENTS.
Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. McBRIDE moved that the House do now adjourn.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Bailey, K. Baker Baxley Blanding Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Corning Derrick Faber Fant Ferguson Hallman Harvin Hearn Koon Manly Mappus McBride McCain McLeod Taylor White Wofford
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Beasley Bennett Blackwell Boan Bruce Cole Corbett Cork Farr Gentry Glover Harris, J. Harwell Haskins Hayes Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Keyserling Limehouse Littlejohn Lockemy Martin, L. McEachin McKay McTeer Moss Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Smith Snow Stoddard Tucker Vaughn Waites Wells Wilder Wilkes Wilkins Wright
So, the House refused to adjourn.
The following was received from the Senate.
Columbia, S.C., May 25, 1989
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 S. 267:
S. 267 -- Senator McLeod: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO PROVIDE FOR THE MANAGEMENT OF INFECTIOUS WASTE; TO AMEND SECTION 51, PART II OF ACT 658 OF 1988, RELATING TO THE COMMERCIAL DISPOSAL OF INFECTIOUS WASTE BY INCINERATION, SO AS TO PROVIDE FOR THE TREATMENT OF INFECTIOUS WASTE INSTEAD OF COMMERCIAL DISPOSAL.
Very respectfully,
President
On motion of Rep. SHARPE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SHARPE, McTEER and BENNETT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Joint Resolution was taken up.
H. 3560 -- Reps. McGinnis, McAbee, Hayes, Lockemy and McKay: A JOINT RESOLUTION NAMING THE SOUTH CAROLINA NATIONAL GUARD COMPLEX ON BLUFF ROAD IN COLUMBIA THE "T. ESTON MARCHANT NATIONAL GUARD COMPLEX" IN HONOR OF SOUTH CAROLINA'S DISTINGUISHED ADJUTANT GENERAL, AND AUTHORIZING THE PLACING OF SIGNS OR MARKERS AND THE EXPENDITURE OF NECESSARY FUNDS FOR THE PURPOSE OF APPROPRIATELY IDENTIFYING THE COMPLEX.
Rep. MOSS explained the Joint Resolution.
Rep. TAYLOR objected to the Joint Resolution.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3314 -- Reps. Rama, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
Debate was resumed on Amendment No. 4, which was proposed on Thursday, May 4, by Rep. SIMPSON.
Rep. RAMA moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 45 to 11.
The Bill, as amended, wee read the second time and ordered to third reading.
On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 3314 be read the third time tomorrow.
The following Bill was taken up.
S. 522 -- Senators Lourie, Land, Fielding, Mitchell, Martschink and Rose: A BILL TO AMEND SECTION 58-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT MEMBER GOVERNMENTS, REGARDLESS OF POPULATION, MUST HAVE AT LEAST ONE MEMBER ON THE GOVERNING BOARD OF AN AUTHORITY.
Reps. LIMEHOUSE, HASKINS and HALLMAN objected to the Bill.
Rep. KOON withdrew hie objection to the following Bill.
H. 3577 - Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Rep. BARFIELD withdrew his objection to S. 350 however, other objections remained upon the Bill.
On motion of Rep. MOSS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 689 -- Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.
Rep. FARR asked unanimous consent to recall H. 3254 from the Committee on Labor, Commerce and Industry.
Rep. LIMEHOUSE objected.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 623 - Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-9-75 SO AS TO PROVIDE THAT IN ALL CASES WHERE INDICES AFFECTING REAL PROPERTY ARE REQUIRED TO BE MAINTAINED IN THE OFFICES OF THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES AND WHERE THESE INDICES ARE MAINTAINED BY ELECTRONIC OR COMPUTER MEANS, THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES SHALL PROVIDE AT LEAST A SECOND OR BACKUP COPY OF THE INDICES WHICH MUST BE AVAILABLE FOR USE BY THE PUBLIC IN THE EVENT OF DESTRUCTION OR UNAVAILABILITY OF THE ELECTRONIC INDICES.
Rep. FERGUSON asked unanimous consent to recall H. 3095 from the Committee on Education and Public Works.
Rep. SMITH objected.
On motion of Rep. RAMA, with unanimous consent, the following Bill wee ordered recalled from the Committee on Ways and Means.
S. 668 -- Senators Rose and McConnell: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN OR OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE ALL REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.
On motion of Rep. SHARPE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture and Natural Resources.
S. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT TO REDUCE STRINGENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KOON, with unanimous consent, moved to recommit, the following Bill to the Committee on Agriculture and Natural Resources, which was agreed to.
H. 3820 -- Reps. Short, Ferguson, Phillips, Hayes, Littlejohn, Wells, Farr, Nesbitt, McGinnis, Kirsh, Hodges, Lanford and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-704 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 4 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. BLACKWELL raised the Point of Order that it was now 1:00 P.M. and in accordance with Rule 6.1, the House was now in recess.
The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:15 P.M.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. T. ROGERS moved that the House do now adjourn.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Kay Mappus
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Barber Barfield Beasley Bennett Blackwell Blanding Boan Bruce Cole Corbett Cork Davenport Farr Gentry Gordon Hallman Harwell Hayes Huff Jaskwhich Keegan Keesley Kirsh Limehouse Lockemy Manly Martin, D. Martin, L. McEachin McKay McLeod McTeer Moss Nesbitt Phillips Rama Rhoad Rudnick Sheheen Smith Snow Tucker Vaughn Waites Wells Wilder Wofford
So, the House refused to adjourn.
The Senate Amendments to the following Bill were taken up for consideration.
S. 424 -- Senators McLeod, Waddell and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-170 SO AS TO PROVIDE THAT COUNTIES JOINTLY DEVELOPING AN INDUSTRIAL PARK PURSUANT TO SECTION 13, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SHALL INCLUDE EXPENSE SHARING AND PERCENTAGE ALLOCATION AND DISTRIBUTION OF REVENUE IN THEIR WRITTEN AGREEMENT AND THAT ALLOCATIONS FOR PURPOSES OF LIMITATIONS ON BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY MUST BE IDENTICAL TO THE REVENUE PERCENTAGE ALLOCATION.
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. 3400 -- Reps. Cork, T.M. Burriss and Derrick: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODIC ADJUSTMENT OF DOLLAR AMOUNTS IN THE SOUTH CAROLINA CONSUMER PROTECTION CODE BASED ON THE CONSUMER PRICE INDEX, SO AS TO INCLUDE MAXIMUM ASSUMPTION FEES AMONG THE AMOUNTS ADJUSTED; TO AMEND SECTIONS 37-2-202 AND 37-3-202, AS AMENDED, RELATING TO THE ADDITIONAL CHARGES A CREDITOR OR LENDER MAY CONTRACT FOR IN CONSUMER CREDIT BALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE; AND TO AMEND SECTION 37-10-102, RELATING TO LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES SECURED BY A LIEN ON REAL ESTATE UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE.
Rep. BLANDING explained the Senate amendment.
The Senate Amendments were agreed to by a division vote of 30 to 24, 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 Joint Resolution were taken up for consideration.
H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.
Rep. McABEE moved to adjourn debate upon the Senate amendments until Monday, May 29, 1989, which was adopted.
Rep. McLELLAN made a statement relative to the General Appropriations Bill.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3017 - Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 71 TO TITLE 2 SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMISSIONS UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Rep. SHARPE explained the Senate amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received from the Senate.
Columbia, S.C., May 25, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3099:
H. 3099 -- Rep. Hayes: A BILL TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO PROVIDE FOR A HEARING BEFORE A JUDICIAL OFFICER BEFORE THE DEFENDANT'S RECOMMITMENT TO CUSTODY.
and asks for a Committee of Conference and has appointed Senators Hayes, Pope and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HAYES, GENTRY, and NETTLES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 25, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Setzler, and Leatherman of the Committee of Conference on the part of the Senate on S. 93:
S. 93 - Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 25, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McLeod, Moore, and Bryan of the Committee of Conference on the part of the Senate on S. 267:
S. 267 - Senator McLeod: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO PROVIDE FOR THE MANAGEMENT OF INFECTIOUS WASTE; TO AMEND SECTION 51, PART II OF ACT 658 OF 1988, RELATING TO THE COMMERCIAL DISPOSAL OF INFECTIOUS WASTE BY INCINERATION, SO AS TO PROVIDE FOR THE TREATMENT OF INFECTIOUS WASTE INSTEAD OF COMMERCIAL DISPOSAL.
Very respectfully,
President
Received as information.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3722 -- Education and Public Works Committee: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.
Rep. BEASLEY explained the Senate amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. L. MARTIN moved that the House recur to the morning hour.
Rep. LIMEHOUSE insisted upon the Special Orders of the day.
The following Bill was taken up.
S. 350 Senator Drummond: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME; AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBILE HOMES AND HOUSE TRAILERS.
Reps BLANDING and GORDAN withdrew their objections to the Bill.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3712U), which was adopted.
Amend the bill, as and if amended, page 0350-12, Section 40-29-120(A), as contained in SECTION 1, by striking item (1) and inserting:
/(1) for a manufactured home manufacturer, seventy-five thousand dollars for each location;/.
Renumber sections to conform.
Amend title to conform.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
Rep. HEARN proposed the following Amendment No. 2 (Doc. No. 5016U), which was tabled.
Amend the bill, as and if amended, in Section 40-29-50 of the 1976 Code by striking item (2) of the section, as contained on page 6, and inserting:
/(2) establish by regulation classifications of licenses issued by the division and qualifications necessary for licensure under this chapter;/.
Amend the bill further, as and if amended, in Section 40-29-60 of the 1976 Code by striking item (2) of the section, as contained on page 7, and inserting:
/(2) prepare and administer forms for licensure under the classifications sought by the applicant;/.
Amend the bill further, as and if amended, in Section 40-29-100 of the 1976 Code by striking items (6) and (7) of subsection (B) of the section, as contained on page 10, and inserting:
/(6) submit proof of registration with the South Carolina Tax Commission and submit a current tax identification number./
Amend the bill further, as and if amended, by striking Section 40-29-110 of the 1976 Code which begins on page 10.
Amend the bill further, as and if amended, by striking SECTION 4 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. G. BAILEY moved to table the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Barber Baxley Bennett Blackwell Boan Brown, H. Brown, J. Carnell Cork Derrick Farr Felder Ferguson Foster Hallman Hayes Keegan Keesley Limehouse Manly Mappus Mattos McAbee McEachin McLeod Moss Neilson Nesbitt Phillips Rama Rogers, J. Smith Snow Sturkie Tucker Washington White Wofford
Those who voted in the negative are:
Baker Beasley Bruce Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Davenport Elliott Fair Fant Gentry Glover Gordon Haskins Hearn Jaskwhich Keyserling Lanford Martin, L. McCain McGinnis Quinn Rogers, T. Rudnick Sharpe Sheheen Stoddard Vaughn Waites Wells Wilder Wilkes Wilkins Wright
So, the amendment was tabled.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. BLACKWELL moved that the House do now adjourn.
Rep. JASKWHICH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Baker Barber Blackwell Boan Brown, H. Burriss, T.M. Clyborne Fant Foster Gentry Hallman Hearn Manly Mappus Nesbitt Vaughn
Those who voted in the negative are
Altman Bailey, G. Barfield Baxley Bennett Blanding Brown, J. Bruce Cole Corbett Cork Davenport Derrick Elliott Farr Felder Gordon Hayes Huff Jaskwhich Keegan Keesley Keyserling Limehouse Martin, L. Mattos McCain McEachin McLeod McTeer Moss Neilson Phillips Quinn Rama Rogers, J. Rudnick Sheheen Smith Snow Stoddard Sturkie Tucker Waites Washington Wells Whipper White Wilder Wilkes Wilkins Wofford Wright
So, the House refused to adjourn.
The following Bill was taken up.
S. 721 -- Senators Waddell and Lindsay: A BILL TO AMEND THE CODE: OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-47-445 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 12-47-440 RELATING TO ABATEMENT AND REFUND DO NOT APPLY TO CLAIMS FOR ABATEMENT OR REFUND RESULTING FROM A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION DECLARING A TAX LAW OF THIS STATE UNCONSTITUTIONAL OR OTHERWISE UNLAWFUL AND TO DEFINE "FINAL DECISION".
Rep. LIMEHOUSE spoke against the Bill.
Rep. BLACKWELL raised the Point of Order that S. 721 was out of order as it was not in compliance with Rule 5.13 in that it did not have a fiscal impact statement attached.
The SPEAKER stated that Rule 5.13 did not apply as the Bill did not directly affect the expenditure of money and he overruled the Point of Order. He further stated that there was a section in the permanent law, Section 38 of the 1979 General Appropriations Bill, that stated any bill relating to state taxes as reported out of a standing committee must have a statement of estimated fiscal impact attached.
Rep. McTEER thereupon stated that the Bill had gone without reference and had not been reported out of committee.
Rep. BLACKWELL moved to commit the Bill, to the Committee on Ways and Means.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are
Bailey, G. Blackwell Corbett Davenport Fair Gordon Haskins Huff Jaskwhich Keegan Limehouse Manly Martin, L. McAbee Neilson Rudnick Vaughn Wells Wilder Wilkes Wofford
Those who voted in the negative are
Alexander, M.O. Alexander, T.C. Altman Baker Barber Barfield Baxley Beasley Bennett Blanding Boan Brown, H. Brown, J. Bruce Burriss, T.M. Clyborne Cole Cork Derrick Elliott Farr Felder Ferguson Gentry Glover Hallman Hayes Hearn Kay Keesley Keyserling Mappus Martin, D. Mattos McCain McEachin McLeod McTeer Moss Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Smith Snow Sturkie Tucker Waites Washington Whipper Wilkins
So, the House refused to commit the Bill.
Rep. LIMEHOUSE continued speaking.
Rep. HASKINS raised the Point of Order that the Bill was out of order under Article III, Section 15 of the Constitution as it was a revenue Bill and should have originated in the House.
The SPEAKER stated that the Bill was an amendment to the statute of limitation on claiming a tax refund and he overruled the Point of Order.
Rep. LIMEHOUSE continued speaking.
Rep. BLACKWELL moved to continue the Bill.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barber Barfield Blackwell Burriss, T.M. Clyborne Cole Cork Derrick Elliott Fair Hallman Haskins Hearn Jaskwhich Kay Keegan Limehouse Manly Mappus Martin, L. Mattos McLeod Quinn Rama Rudnick Vaughn Wells Whipper White Wilder Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baxley Beasley Bennett Boan Brown, H. Bruce Corbett Davenport Faber Fant Farr Gentry Glover Harvin Harwell Hayes Keesley Keyserling Kirsh Martin, D. McBride McCain McEachin McTeer Moss Neilson Nesbitt Phillips Rhoad Rogers, J. Rogers, T. Sheheen Smith Snow Sturkie Taylor Tucker Waites Washington Wilkes Wilkins
So, the House refused to continue the Bill.
Rep. WILKINS moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. LIMEHOUSE having the floor.
The Senate returned to the House with concurrence the following:
H. 4109 -- Reps. Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO COMMEND FORT JACKSON AND ITS ENTIRE STAFF AND PERSONNEL FOR BEING NAMED THE RECIPIENT OF THE 1988 "COMMANDER-IN-CHIEF'S INSTALLATION AWARD OF EXCELLENCE" IN RECOGNITION AS THE BEST UNITED STATES ARMY BASE IN THE WORLD AND TO THANK FORT JACKSON FOR ITS MANY YEARS OF OUTSTANDING SERVICE TO THE NATION AND THE STATE OF SOUTH CAROLINA.
H. 4113 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO COMMEND MR. KENNETH LAW ON HIS RETIREMENT AS PRINCIPAL OF W.A. PERRY MIDDLE SCHOOL OF COLUMBIA AND FOR HIS MANY YEARS OF OUTSTANDING AND DEVOTED SERVICE AS AN EDUCATOR IN THE PUBLIC SCHOOLS OF THIS STATE.
H. 4114 -- Reps. McBride, J. Brown, M.D. Burriss, T M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE MR. KING B.L. JEFFCOAT UPON HIS RETIREMENT AS ASSISTANT PRINCIPAL FOR W.A. PERRY MIDDLE SCHOOL OF COLUMBIA, AND TO COMMEND HIM FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A TEACHER AND ADMINISTRATOR AT W.A. PERRY.
At 3:45 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.
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