Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Dear Lord, help us to see our world as You see it. Enable us to look at ourselves and at those we meet with Your eyes. Give us ears to hear Your still small voice over the many competing voices all around. As we go to our work, help us to see You there. And as we encounter friends and strangers, may they see You in us. Let us never be burdened by an inflated sense of our own importance in Your world. When we would strive to our will rather than Yours, give us a push in the other direction. Teach us what it means to be willing rather than wilful.
And to You, Heavenly Father, we give all glory and honor. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. STODDARD moved that when the House adjourns, it adjourn in memory of Jack E. Willis of Fountain Inn, which was agreed to.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
April 26, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
I would like to request that the Governor's Legislative Reception be placed on the Legislative Calendar.
This reception is scheduled for Tuesday, May 18, 1993, from 6:00 until 8:00 P.M. on the Mall at the Governor's Mansion for both the House and Senate members.
Thank you for your assistance in this matter.
Sincerely,
S. Joye King
Social Director
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4121 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1993, AND SATURDAY, JUNE 19, 1993.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 28, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-65, H. 3787 by a vote of 46 to 0.
(R65) H. 3787 -- Rep. Walker: AN ACT TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.
Very respectfully,
President
No. 104
Received as information.
The following was received.
Columbia, S.C., April 28, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-53, H. 3412 by a vote of 46 to 0.
(R53) H. 3412 -- Rep. McLeod: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
Very respectfully,
President
No. 103
Received as information.
The following was received.
Columbia, S.C., April 28, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, Giese and Jackson of the Committee of Conference on the part of the Senate on S. 114:
S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.
Very respectfully,
President
No. 398
Received as information.
The following was received.
Columbia, S.C., April 28, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Washington, Passailaigue and Saleeby of the Committee of Conference on the part of the Senate on S. 597:
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Very respectfully,
President
No. 399
Received as information.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. CORNING, for the minority, submitted an unfavorable report, on:
H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4156 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION MAY NOT PROMULGATE REGULATIONS TO REQUIRE THAT PRINCIPALS MUST BE PAID MORE THAN EMPLOYEES OF THE SCHOOL.
Referred to Committee on Education and Public Works.
S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Judiciary.
S. 435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SMOKING IN PUBLIC INDOOR AREAS EXCEPT WHERE A SMOKING AREA IS DESIGNATED, SO AS TO REMOVE THE EXCEPTION FROM DAY CARE CENTERS WHICH ALLOWED SMOKING IN ENCLOSED PRIVATE OFFICES AND TEACHER LOUNGES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 661 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.
Referred to Committee on Labor, Commerce and Industry.
S. 682 -- Senators Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE TO COMMEMORATE ENDANGERED SPECIES AND FOR THE USE OF RELATED REVENUE.
Referred to Committee on Education and Public Works.
S. 695 -- Senators Hayes, Gregory, Peeler, Short, J. Verne Smith and Drummond: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.
On motion of Rep. KIRSH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Allison Anderson Askins Bailey, J. Baxley Boan Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Clyborne Cooper Corning Elliott Fair Farr Gamble Hallman Harrell Harrelson Harris, P. Harrison Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Phillips Rhoad Richardson Riser Robinson Sheheen Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Waites Wells White Wilder, D. Wilkes Wilkins Williams Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, April 29.
M.O. Alexander Donald W. Beatty George H. Bailey Lewis R. Vaughn Lucille S. Whipper William D. Witherspoon Denny W. Neilson John L. Scott, Jr. J. Gary Simrill Irene K. Rudnick C. Lenoir Sturkie Timothy F. Rogers Joseph B. Wilder James H. Hodges Jean L. Harris June S. Shissias Michael F. Jaskwhich Robert A. Barber, Jr. Dell Baker E.B. McLeod, Jr. Joseph H. Neal James L.M. Cromer, Jr. Joe E. Brown Douglas Jennings, Jr. Ronald C. Fulmer G. Ralph Davenport, Jr. Dave C. Waldrop, Jr. Roger M. Young Gilda Cobb-Hunter Ralph W. Canty Morgan Martin Joseph T. McElveen, Jr. Stephen E. Gonzales John G. Felder Jerry N. Govan, Jr. Richard M. Quinn, Jr. F.G. Delleney Lindsey O. Graham Charles R. Sharpe C. Alex Harvin, III James S. Klauber
LEAVE OF ABSENCE
The SPEAKER granted Rep. WALKER a leave of absence for the day.
Rep. McLEOD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 28.
Rep. A. YOUNG presented school officials from Oakbrook Elementary School in Ladson, Dorchester County, congratulating them on being named as one of "America's Best" Schools recently in Redbook Magazine.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3990 -- Reps. Wells, Littlejohn, Allison and Walker: A BILL TO AMEND ACT 906 OF 1962, RELATING TO THE CREATION OF THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO MODIFY THE MEMBERSHIP AND PROVIDE FOR THE HIRING OF ADDITIONAL PERSONNEL.
H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992 MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4147 -- Reps. McKay, Hines, Harwell and Askins: A BILL TO PROVIDE THAT THE TAX MILLAGE LEVIED FOR GENERAL OPERATIONAL PURPOSES FOR ALL SCHOOL DISTRICTS IN FLORENCE COUNTY AND ANY FEES IN LIEU OF TAXES RECEIVED BY THESE DISTRICTS FOR ANY YEAR MUST BE PLACED IN A SPECIAL ACCOUNT AND DISTRIBUTED TO EACH DISTRICT ON A PRO RATA BASIS BASED ON AVERAGE DAILY ATTENDANCE, TO PROVIDE THAT THESE DISTRIBUTIONS SHALL CONSTITUTE THE FUNDS A DISTRICT RECEIVES TO OPERATE ITS SCHOOLS FOR THAT YEAR FROM AD VALOREM PROPERTY TAXES, AND TO PROVIDE EXCEPTIONS FOR TAX MILLAGE LEVIED FOR BONDED INDEBTEDNESS PURPOSES.
H. 4148 -- Reps. McKay and Hines: A BILL TO ESTABLISH ALL OF THE AREA OF FLORENCE COUNTY AS THE SCHOOL DISTRICT OF FLORENCE COUNTY EFFECTIVE JANUARY 1, 1995; TO CREATE A BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF FLORENCE COUNTY AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, FUNCTIONS, PROCEDURES, AND ORGANIZATION; TO VEST TITLE TO ALL PROPERTY USED FOR SCHOOL PURPOSES IN FLORENCE COUNTY IN THE SCHOOL DISTRICT OF FLORENCE COUNTY; TO PROVIDE FOR THE FUNDING OF THE SCHOOL DISTRICT OF FLORENCE COUNTY, FOR ITS ANNUAL BUDGET, AND FOR AN ANNUAL AD VALOREM TAX FOR THE SCHOOLS OF THE COUNTY; TO PROVIDE FOR THE ISSUANCE OF BONDS OF THE SCHOOL DISTRICT AND FOR THE ASSUMPTION OF EXISTING SCHOOL BONDS BY THE DISTRICT; AND TO REPEAL THE PRESENT FIVE SCHOOL DISTRICTS OF THE COUNTY AND THEIR BOARDS OF TRUSTEES ON JANUARY 1, 1995, AND DEVOLVE THEIR DUTIES, FUNCTIONS, POWERS, ASSETS, AND LIABILITIES UPON THE SCHOOL DISTRICT OF FLORENCE COUNTY.
S. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McLEOD explained the Joint Resolution.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 626 General Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GEORGE H. BAILEY
On motion of Rep. McKAY, with unanimous consent, it was ordered that H. 4147 be read the third time tomorrow.
On motion of Rep. McKAY, with unanimous consent, it was ordered that H. 4148 be read the third time tomorrow.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that S. 626 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The following Joint Resolution was taken up.
H. 3904 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MATTOS spoke against the Joint Resolution.
Reps. MOODY-LAWRENCE, LANFORD, G. BROWN and NEAL spoke in favor of the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on third reading.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Farr Gamble Graham Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hines Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Wells Whipper Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Joint Resolution was read the third time, and ordered sent to the Senate.
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. 200 -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
S. 135 -- Senators Rose, Reese and McGill: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.
Rep. HASKINS moved to reconsider the vote whereby the following Bill was given a second reading.
H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.
Rep. HASKINS spoke in favor of the motion to reconsider.
The motion to reconsider was agreed to.
The SPEAKER granted Rep. G. BAILEY a leave of absence for a doctor's appointment.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. FAIR having the floor.
H. 3091 -- Reps. Kirsh, Simrill, Moody-Lawrence, Meacham and Delleney: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
Rep. FAIR moved to adjourn debate upon the Bill until Tuesday, May 4, which was adopted.
The following Bill was taken up.
S. 610 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30115DW.93), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 40-11-160 of the 1976 Code is amended to read:
"Section 40-11-160. The board shall may not issue a license to any a contractor above the Group 1 level as this is defined by regulation of the board until such the contractor furnished furnishes the board with a financial statement certified by a certified public accountant or a public accountant an affidavit by the contractor of his financial condition."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. McLEOD raised the Point of Order that Amendment No. 1 was out of order as it was not germane as the Bill dealt with the licensing and registration of residential builders and specialty contractors and the amendment dealt with the financial responsibility of general contractors licensed by the Contractors Licensing Board.
Rep. KIRSH stated that the Bill dealt with licensing of any contractor.
The SPEAKER stated that the amendment dealt with licensing of contractors and the Bill dealt with licensing of residential homebuilders and he sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 610 General Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GEORGE H. BAILEY
On motion of Rep. McLEOD, with unanimous consent, it was ordered that S. 610 be read the third time tomorrow.
The following Bill was taken up.
H. 3774 -- Reps. Graham, Hallman, Tucker, P. Harris, Cato, Stone, Farr, Simrill, Jaskwhich, Moody-Lawrence, Keegan, Gamble, Thomas, Stille, Townsend, T.C. Alexander, Littlejohn, Wilkins, Phillips, Harrison, Wright, Shissias, Gonzales and Fair: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.
Reps. COBB-HUNTER, HINES, ANDERSON, HARRELSON, RICHARDSON, BREELAND, INABINETT, SCOTT, J. BROWN, NEAL, BYRD, McMAHAND and KIRSH objected to the Bill.
Rep. HASKINS moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted.
H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.
The following Bill was taken up:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Rep. WILKINS explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. WILKINS having the floor.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3129 -- Reps. Keegan, Martin, Kelley, Witherspoon, Worley, Snow and Thomas: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.
Rep. QUINN moved that the House recur to the morning hour, which was agreed to.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Governor's Legislative Reception for May 18, 1993, 6:00 until 8:00 P.M., Governor's Mansion.
The invitation was accepted.
Rep. STODDARD, from the Laurens Delegation, submitted a favorable report, with amendments, on:
H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.
On motion of Rep. STODDARD, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.
Reps. STODDARD and CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15528SD.93), which was adopted.
Amend the bill, as and if amended, in Section 1 of Act 171 of 1967, as contained in Section 1 of the act, by striking the sentence which begins on line 20 of page 2 and the sentence which begins on line 25 of page 2 and inserting:
/After 1992 1993, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of up to three mills in any two-year period above the base authorization. A tax increase of more than three mills in any two-year period above the base authorization must be approved at a referendum by the electors of the school districts prior to its levy./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 4135 be read the third time tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 724 -- Fish, Game & Forestry Committee: A CONCURRENT RESOLUTION TO ENCOURAGE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO WORK WITH AGRICULTURAL INTERESTS TO IDENTIFY AREAS WHERE SIGNIFICANT CROP DAMAGE OCCURS DUE TO WHITE-TAILED DEER, REQUEST SPORT HUNTERS, LAND OWNERS, AND LAND MANAGERS TO HARVEST ANTLERLESS DEER TO REDUCE DEER POPULATIONS IN THESE AREAS, AND REQUEST APPROPRIATE RESEARCH.
Ordered for consideration tomorrow.
The following was introduced:
H. 4157 -- Rep. Govan: A CONCURRENT RESOLUTION TO COMMEND DR. ROBERT E. HOWARD OF ORANGEBURG UPON HIS FIFTY YEARS OF SERVICE TO ORANGEBURG SCHOOL DISTRICT FIVE AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4158 -- Rep. Sturkie: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 30 SO AS TO ENACT THE SOUTH CAROLINA CONDOMINIUM ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, 40-57-100, 40-57-110, 40-57-140, 40-57-160, 40-57-170, 40-57-240, ALL AS AMENDED, AND SECTION 40-57-120, ALL RELATING TO REGULATION OF PERSONS ENGAGED IN VARIOUS REAL ESTATE ACTIVITIES SO AS TO INCLUDE CONDOMINIUM ASSOCIATION MANAGERS AMONG THOSE PERSONS REGULATED; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD FAILURE OF A CONDOMINIUM DEVELOPER TO PROPERLY HANDLE ESCROW FUNDS.
Referred to Committee on Judiciary.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WILKINS having the floor.
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Rep. BOAN moved to adjourn debate upon the Bill until Thursday, May 6, which was adopted.
The SPEAKER granted Rep. RHOAD a leave of absence.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
The following Bill was taken up.
H. 3073 -- Reps. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\BBM\10482BD.93).
Amend the bill, as and if amended, by striking Section 50-21-870(B), beginning on page 3073-2 and line 4 and inserting:
/(B) No person may:
(1) operate, be in possession of, or give permission to operate a personal watercraft while upon the waters of this State unless each person aboard the personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft while upon the waters of this State after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of while upon the waters of this State a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of while upon the waters of this State a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate a personal watercraft while upon the waters of this State in excess of the no wake speed within twenty-five feet of a moored or an anchored vessel, wharf, dock, or pier or within fifty feet of a person in the water./
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. MEACHAM moved to adjourn debate upon the Bill until Tuesday, May 4, which was adopted.
The following Bill was taken up.
H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10552BD.93), which was rejected.
Amend the bill, as and if amended, Section 50-9-70, SECTION 1, page 1, by deleting the sentence beginning on line 41 so that when amended the section reads:
/Section 50-9-70. The South Carolina Wildlife and Marine Resources Department shall establish programs in instruction on the safe use of firearms and archery tackle for hunting and hunter responsibility. The programs must include, but are not limited to, the selection, training, and certification of instructors, appropriate course materials and content, and criteria for successful course completion. The department shall authorize the issuance of a certificate of completion to persons successfully completing the course./
Amend further, Section 50-9-80, SECTION 1, page 2, line 1, by deleting /or nonresident/ so that when amended the section reads:
/Section 50-9-80. No resident born after June 30, 1979, may obtain a hunting license in this State unless he first exhibits the certificate of completion he has received pursuant to Section 50-9-70 to the authorized hunting license agent from whom he desires to buy a license. A certificate of successful completion of a hunter's education program issued by other states or territories of the United States, Canadian provinces, or other nations is valid for purposes of this article if the department approves the course as comparable to the program required by this article. A license issued in violation of this section is invalid."/
Amend further, by deleting Section 50-9-90, SECTION 1, page 2, beginning on line 16 which reads:
/Section 50-9-90. A person violating Section 50-9-70 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then rejected by a division vote of 40 to 40.
Rep. R. SMITH moved to adjourn debate upon the Bill until Tuesday, May 4, which was adopted.
The following Bill was taken up.
H. 3264 -- Rep. Hodges: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO DELETE THE PROVISIONS FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET THE SEASON IN GAME ZONE 4 AND PROVIDE FOR THE SEASON IN THAT GAME ZONE.
Reps. FARR, CROMER, TOWNSEND, VAUGHN, CATO, COOPER, McLEOD, McCRAW, FELDER, ALLISON, D. SMITH, WRIGHT, RICHARDSON, QUINN, McMAHAND, D. WILDER, STILLE, SCOTT and LANFORD objected to the Bill.
The following Bill was taken up.
H. 3346 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2 AND PROVIDE PENALTIES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10551BD.93), which was adopted.
Amend the bill, as and if amended, Section 50-11-354, SECTION 1, line 21, by striking /hunting/ and inserting /shooting/ so that when amended the section reads:
/Section 50-11-354. The shooting of deer across public roads, streets, or highways in Game Zone 2 is prohibited. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days./
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. CORNING moved to adjourn debate upon the Bill until Tuesday, May 4, which was rejected.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 2.
To amend the bill, as and if amended, by adding:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-60. (A) In Game Zones 1 and 5, it is unlawful to hunt deer with dogs within fifty yards of the edge of an open county, state, or federally maintained through roadway.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. CORNING explained the amendment.
Rep. CROMER raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the amendment dealt with Game Zone 1 and the Bill dealt with Game Zone 2.
The SPEAKER stated that the number of the Game Zone was not the controlling matter and that it was the subject matter that prevailed and he overruled the Point of Order.
Reps. KOON, SHARPE and WRIGHT objected to the Bill.
Rep. CORNING moved to adjourn debate upon the Bill, which was rejected.
Reps. FARR and WITHERSPOON objected to the Bill.
Rep. INABINETT moved that the House do now adjourn, which was adopted by a division vote of 51 to 42.
Rep. HOUCK moved to reconsider the vote whereby H. 4148, with unanimous consent, was ordered to receive a third reading tomorrow and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4157 -- Rep. Govan: A CONCURRENT RESOLUTION TO COMMEND DR. ROBERT E. HOWARD OF ORANGEBURG UPON HIS FIFTY YEARS OF SERVICE TO ORANGEBURG SCHOOL DISTRICT FIVE AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
At 11:15 A.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Jack E. Willis of Fountain Inn, to meet at 10:00 A.M. tomorrow.
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