Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we pray for the gift of contentment, that we may not waste our time desiring more, but learn to use and enjoy what we have. We cannot know everything, but we can know Your way; we need not be rich to be generous, nor have all wisdom to be understanding. Our influence may not be great, but it can be good. Our speech may not be eloquent, but it can be true and sincere. We cannot be right at all times, but we can have a clear conscience, and having that we shall have peace of mind and live in the perfect contentment which the world can neither give nor take away.
Give us the wisdom of the philosophy: "I have learned that in whatsoever state I am, therein to be content." 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. HINES moved that when the House adjourns, it adjourn in memory of Sara G. Brown of Darlington, which was agreed to.
The following was received.
Columbia, S.C., May 4, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, Lee County Master-in-Equity, with term to expire December 31, 1995:
The Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010 VICE George M. Stuckey (retired)
Very respectfully,
President
No. 025
Received as information.
The following was received.
Columbia, S.C., May 4, 1993
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. 196:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 527 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ACTUARIAL OPINION AND MEMORANDUM REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1591, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3975 -- Reps. Rogers and Waites: A BILL TO AMEND SECTION 24-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED FURLOUGH DURING THE LAST SIX MONTHS OF AN INMATE'S SENTENCE, SO AS PROVIDE THAT FURLOUGH DOES NOT APPLY TO VIOLENT OFFENDERS WHO QUALIFY UNDER THE RULES, REGULATIONS, CONDITIONS, AND ELIGIBILITY CRITERIA PROVIDED IN SECTION 24-13-710.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 170 -- Senators Giese and Rose: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 348 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 652 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO LICENSE AND FEES TO PRACTICE PODIATRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 653 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 654 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3369 -- Reps. Fair, Jaskwhich, Wright, Allison, Byrd, Fulmer, Kelley, Kennedy, McMahand and Littlejohn: A BILL TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-1 SO AS TO ADD THE PURPOSE OF THE PROGRAM; AND TO AMEND SECTION 59-32-60, RELATING TO COMPLIANCE WITH CHAPTER 32, SO AS TO PROVIDE FOR ADDITIONAL DUTIES OF THE STATE DEPARTMENT OF EDUCATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3839 -- Reps. Moody-Lawrence, R. Smith, McMahand, Inabinett, Hines, Kirsh, Simrill, Jaskwhich, Richardson, Cobb-Hunter, Neilson, McLeod, Stuart, Meacham, Thomas, Anderson, Neal, Breeland, Farr, Davenport, Holt, Littlejohn, Stille, Beatty, Byrd, Whipper, Rudnick, Wright and Harrell: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY POLE TRUCK OR TRAILER MUST BE PAINTED WITH A STRIP OF LIGHT REFLECTING PAINT, TAPE, OR REFLECTORS ON THE EXTERNAL SIDES OF THE POLE SUPPORT FRAME OR BOLSTERS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3937 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-12 SO AS TO PROVIDE THAT UNIFORM TRAFFIC TICKETS MAY NOT BE USED FOR PARKING OFFENSES.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: 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.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4164 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING MR. RONALD K. BUFF, VOLUNTEER AT BAKER'S CHAPEL ELEMENTARY SCHOOL IN GREENVILLE, ON HIS SELECTION AS A WINNER IN THE NATIONAL OUTSTANDING SCHOOL VOLUNTEER AWARDS PROGRAM IN THE INTERGENERATIONAL VOLUNTEER CATEGORY, AND COMMENDING HIM FOR HIS DEDICATION TO SOUTH CAROLINA'S EDUCATIONAL SYSTEM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 750 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE NATIONAL CORRECTIONAL OFFICERS WEEK, MAY 2-8, 1993.
Whereas, correctional officers who work in state institutions and local facilities throughout South Carolina provide a vital service for citizens of this State and are currently responsible for the security and supervision of more than twenty-five thousand inmates each day; and
Whereas, correctional officers protect the law-abiding majority of state citizens from its offending members by securely holding inmates in custody and preventing escapes to the absolute limits of their capability; and
Whereas, correctional officers protect inmates from violence and encourage them to develop skills and attitudes that can help them become productive members of society following their release; and
Whereas, an ever-present concern for the welfare of others and willingness to assist fellow officers in the face of danger or other need are essential in the daily performance of correctional officers; and
Whereas, correctional officers realistically and soberly understand that the performance of their duties may suddenly and without warning require that they put their own lives in danger; and
Whereas, correctional officers must continually receive training to maintain their certification and to advance the correctional process for the good of the inmates in their care, their fellow officers, their facilities, and the public at large; and
Whereas, the performance, attitude, and morale of correctional officers are matters worthy of serious statewide attention and appreciation; and
Whereas, the nation will observe "National Correctional Officers Week", May 2-8, 1993. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly officially recognize the faithful and dedicated service of correctional officers and their invaluable contributions to their communities, State, and nation, and extend their appreciation for the professionalism, commitment, and outstanding contributions made by correctional officers, and extend their sincere and hearty congratulations to each officer for this well-deserved honor and recognition, and recognize National Correctional Officers Week, May 2-8, 1993.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to the appropriate committee:
S. 482 -- Senators J. Verne Smith, O'Dell, Wilson, McConnell, Passailaigue, Leatherman and Martin: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Boan Breeland Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cooper Delleney Fair Farr Fulmer Gamble Gonzales Hallman Harrelson Harris, J. Harrison Harwell Haskins Hines Holt Houck Hutson Inabinett Jaskwhich Keegan Kennedy Kinon Kirsh Klauber Lanford Littlejohn Marchbanks McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Phillips Rhoad Richardson Riser Rudnick Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Wright
I came in after the roll call and was present for the Session on Wednesday, May 5.
Donald W. Beatty Roger M. Young Dewitt Williams June S. Shissias Denny W. Neilson Mark Kelley Grady A. Brown Lucille S. Whipper John W. Tucker, Jr. Alfred B. Robinson, Jr. William D. Keyserling Harold G. Worley Robert A. Barber, Jr. Thomas E. Huff Larry L. Elliott Roland S. Corning C. Alex Harvin, III Robert W. Harrell, Jr. Douglas Jennings, Jr. Lindsey O. Graham Doug Smith David H. Wilkins James L.M. Cromer, Jr. Patrick B. Harris Jerry N. Govan, Jr. John L. Scott, Jr. G. Ralph Davenport, Jr. John G. Felder Timothy F. Rogers Joseph H. Neal James H. Hodges C. Lenoir Sturkie Gilda Cobb-Hunter James N. Law Ralph W. Canty Larry L. Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. A. YOUNG a leave of absence due to the serious illness of her husband.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4161 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1993, AND ENDING JUNE 30, 1994.
H. 4162 -- Reps. Holt, Whipper, J. Bailey, Hutson, Hallman, Breeland, Harrell, Gonzales, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.
S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
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. PHILLIPS moved to adjourn debate upon the following Bill until Thursday, May 6, which was adopted.
H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
The following Bill was taken up.
H. 3687 -- Reps. Gonzales, H. Brown, J. Bailey, Koon, Quinn, Hallman, Fulmer, Holt, Harrison, Richardson, Wright, A. Young, Stuart, Wofford, Harrell, Inabinett, Witherspoon, Riser, G. Bailey, D. Wilder and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF ANY PROVISION OF LAW CONCERNING APPOINTMENTS TO OR APPROVAL OF A BUDGET FOR A COUNTY BOARD, COMMISSION, OR DISTRICT, EXCLUDING SCHOOL DISTRICTS, REQUIRES AN ACTION ON THE PART OF A COUNTY LEGISLATIVE DELEGATION, THE RESPONSIBILITY FOR THAT REQUIRED ACTION, UPON WRITTEN RESOLUTION SIGNED BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, SHALL DEVOLVE TO THE GOVERNING BODY OF THE COUNTY.
Reps. TROTTER and MARCHBANKS objected to the Bill.
Rep. HOLT moved to adjourn debate upon the Bill until Wednesday, May 12, which was adopted.
The following Bill was taken up.
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 proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11346AC.93).
Amend the bill, as and if amended, Section 20-7-2240 as contained in SECTION 4, by deleting on page 3, line 15, /(A)/ and by deleting subsection (B), beginning on page 3, line 43 through page 4, line 9.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Barber Baxley Breeland Brown, J. Byrd Carnell Elliott Farr Harrelson Harvin Hines Houck Inabinett Jennings Kelley Kennedy Keyserling Lanford McAbee McElveen McLeod McMahand McTeer Rhoad Richardson Rudnick Scott Sheheen Shissias Spearman Stille Waites Whipper White Wilkes Williams Worley
Those who voted in the negative are:
Allison Bailey, G. Baker Brown, H. Cato Chamblee Clyborne Cooper Delleney Fair Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Haskins Holt Huff Hutson Jaskwhich Keegan Kirsh Klauber Littlejohn Marchbanks Mattos Meacham Moody-Lawrence Phillips Riser Robinson Sharpe Simrill Smith, R. Snow Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Witherspoon Wofford Wright
So, the House refused to table the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. WHITE objected to the Bill.
Rep. HASKINS moved to adjourn debate upon the Bill until Thursday, May 6, which was adopted.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, May 11, 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.
Debate was resumed on Amendment No. 1A, which was proposed on Thursday, April 29, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SNOW explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HOLT spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. COOPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Delleney Fair Harrelson Harrison Houck Jennings Kirsh McElveen Robinson Sheheen
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Barber Breeland Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cooper Cromer Davenport Farr Fulmer Gamble Gonzales Graham Harrell Harris, J. Harris, P. Harvin Harwell Haskins Hines Holt Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Klauber Koon Lanford Marchbanks Martin Mattos McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Scott Shissias Simrill Smith, R. Snow Stille Stoddard Stone Townsend Trotter Tucker Vaughn Waites Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. KEEGAN moved that the House recur to the morning hour.
Rep. FARR 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. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3629 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3908 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3909 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3913 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3016 -- Reps. P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard and Baxley: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 SO AS TO ENACT THE OMNIBUS ADULT PROTECTION ACT; TO DEFINE TERMS; TO PROVIDE FOR THE DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND THE DIVISION OF OMBUDSMAN AND CITIZEN SERVICES, OFFICE OF THE GOVERNOR, RELATIVE TO ADULT ABUSE, NEGLECT, AND EXPLOITATION; TO DESIGNATE THOSE REQUIRED TO REPORT; TO ESTABLISH REPORTING AND INVESTIGATING PROCEDURES; TO PROVIDE FAMILY COURT PROCEDURES; TO ABROGATE THE HUSBAND-WIFE AND DOCTOR-PATIENT PRIVILEGE IN ADULT ABUSE CASES; TO PROVIDE FOR EMERGENCY REMOVAL OF AN ADULT; TO PROVIDE IMMUNITY FOR GOOD FAITH REPORTING; TO PROVIDE CIVIL AND CRIMINAL PENALTIES; TO CREATE THE ADULT PROTECTION COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 8-17-340, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO REVISE THE STANDARD FOR REVIEWING A CASE INVOLVING ABUSE, NEGLECT, OR EXPLOITATION; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES ADDED BY THIS ACT; AND TO REPEAL SECTION 23-1-220 AND CHAPTERS 29 AND 30 OF TITLE 43.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3802 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3927 -- Reps. J. Bailey and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4165 -- Reps. Hallman, Fulmer, Gonzales, J. Bailey, Harrison, Holt, Shissias, Harrell, Barber and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-37 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO OBTAIN ADVANCE APPROVAL OF THE STATE BUDGET AND CONTROL BOARD FOR A CONTRACT PROCURING GOODS OR SERVICES, OR BOTH, VALUED AT MORE THAN TWENTY-FIVE THOUSAND DOLLARS.
Referred to Committee on Ways and Means.
H. 4166 -- Reps. Hallman, Wofford, Gonzales, Fulmer, J. Bailey, Holt, Harrison, Harrell and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-35 SO AS TO PROVIDE THAT ELECTRICITY RATES AND CHARGES OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY ARE SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
H. 4167 -- Reps. Davenport, Neilson, Hines, Jaskwhich, Thomas, Vaughn, Haskins, Robinson, Baxley, Spearman and Koon: A JOINT RESOLUTION TO DELAY THE IMPLEMENTATION DATES OF CERTAIN DEPARTMENT OF SOCIAL SERVICES PRIVATE AND PUBLIC CHILD DAY CARE CENTER REGULATIONS CONTAINED IN DOCUMENT NO. 1494 WHICH WERE PUBLISHED AS FINAL REGULATIONS APRIL 23, 1993, IN VOLUME 17, ISSUE NO. 4 OF THE STATE REGISTER AND TO REQUIRE THE DEPARTMENT TO CLARIFY CERTAIN PROVISIONS, AND REPORT THIS TO THE SENATE MEDICAL AFFAIRS AND HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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 Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8848BD.93), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-870. (A) (1) As used in this section, 'personal watercraft' means a boat less than sixteen feet in length which:
(a) has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(b) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(c) has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(2) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a 'jet ski'.
(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) rent, lease, or let for hire a personal watercraft to a person under the age of fourteen years;
(3) operate or be in possession of a personal watercraft while upon the waters of this State if he is under the age of fourteen years unless he is accompanied by another person eighteen years of age or older;
(4) operate or be in possession of a personal watercraft while upon the waters of this State after sunset or before sunrise;
(5) 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;
(6) 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;
(7) 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;
(8) operate or be in possession of a personal watercraft while upon the waters of this State in excess of the no wake speed within one hundred feet of a moored or an anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or person in the water.
(C) It is unlawful for a person who owns a personal watercraft or who has charge over or control of a personal watercraft to authorize or knowingly to permit the personal watercraft to be operated in violation of this section.
(D) 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.
(E) This section does not apply to:
(1) the operation of personal watercraft by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs.
(2) activity on private waters."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HOLT moved to table the amendment, which was agreed to by a division vote of 40 to 37.
Rep. MEACHAM proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\N05\8891BD.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) 'Personal watercraft' means a boat less than sixteen feet in length which:
(i) has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(ii) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(iii) has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(b) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a 'jet ski'.
(2) 'Specialty propcraft' means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller driven motor.
(3) 'Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may:
(1) operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft 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 or specialty propcraft while upon the waters of this State if he is under the age of fourteen years unless he is accompanied by another person eighteen years of age or older;
(3) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State after sunset or before sunrise without carrying and exhibiting an all-round white light visible at a minimum range of two miles and side lights visible at a minimum range of one mile;
(4) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(5) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft 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;
(6) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft 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;
(7) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State in excess of the no wake speed within one hundred feet of a moored or an anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or person in the water;
(8) chase, harass, molest, worry, or disturb wildlife with a personal watercraft or specialty propcraft, except while lawfully angling for, hunting, or trapping wildlife;
(9) tow a water skier or a person on a floating device with a personal watercraft or specialty propcraft unless the craft is equipped with a mirror which permits the operator to observe the person being towed, or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal floatation device provided in item (1). Personal watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;
(10) operate while upon the waters of this State a personal watercraft or specialty propcraft in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;
(11) operate while upon the waters of this State a personal watercraft or specialty propcraft in a manner so as to completely leave the water while crossing the wake of another vessel within fifty feet of the vessel creating the wake.
(C) It is unlawful for a person who owns a personal watercraft or specialty propcraft or who has charge over or control of a personal watercraft or specialty propcraft to authorize or knowingly to permit the personal watercraft or specialty propcraft to be operated in violation of this section.
(D) 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.
(E) This section does not apply to:
(1) the operation of personal watercraft or specialty propcraft by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) activity on private waters;
(3) performers engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. MEACHAM continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
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.
Rep. SNOW proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7229BD.93), which was adopted.
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, 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 adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
Rep. WILKES moved to adjourn debate upon the Bill until Thursday, July 1.
Rep. STONE moved to table the motion and demanded the yeas and nays, which were not ordered.
The House refused to table the motion to adjourn debate by a division vote of 34 to 36.
The question then recurred to the motion to adjourn debate.
Rep LITTLEJOHN demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was rejected by a division vote of 29 to 42.
Reps. KIRSH, WILKES, HOLT, WAITES and J. BAILEY objected to the Bill.
Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
The following Bill was taken up.
S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.
Reps. LANFORD, HASKINS, ELLIOTT and TUCKER objected to the Bill.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7146BD.93).
Amend the bill, as and if amended, by striking Section 50-13-1750, SECTION 1, beginning on page 1 and line 27, and inserting:
/Section 50-13-1750. (A) Notwithstanding the provisions of Section 50-13-1610, it shall be is lawful for any a person to sell, offer for sale, barter and transport cultured game fish for strictly stocking or restocking, purposes if such the person first obtains from the Executive Director of the Wildlife and Marine Resources Department a game fish breeder's license,. The cost of which shall be the license is twenty-five dollars annually. Such license shall be, and it is valid for the fiscal year in which issued. Applications shall must be made on forms furnished by the department.
(B) The department and its agents shall have the right to may inspect the premises of the business of any a person licensed hereunder under this section. The executive director shall have authority to may require the persons licensed hereunder to keep such records as he deems considers necessary. No game fish more than four inches in overall length shall be sold, and all It is lawful to sell, offer for sale, and transport for stocking or restocking purposes cultured game fish, with the exception of the Florida largemouth bass, Micropterus salmoides floridanus, four inches or larger. All fish being transported by a licensee hereunder shall must be clearly marked clearly as to their source and species as well as any other identification which the executive director shall require requires.
(C) Cultured game fish sold, ordered, or transported by a licensee shall must be used solely for stocking or restocking purposes.
(D) As used in this section, 'cultured game fish' means those game fish which have been propagated by an individual holding a fish breeder's license in environmental conditions consistent with normal fish husbandry practices.
(E) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than one hundred dollars. In addition to any the fine, any a license issued under the provisions of this section shall must be suspended, and no a new license shall must not be issued to such the person for at least three years from the date of conviction./
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. D. SMITH objected to the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.
Rep. SNOW explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. McABEE moved that the House recur to the morning hour.
Rep. BAKER moved to table the motion, which was agreed to by a division vote of 53 to 13.
Rep. SNOW asked unanimous consent to recall H. 3428 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HOLT objected.
On motion of Rep. VAUGHN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
On motion of Rep. HOLT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3428 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO REVISE THE RESTRICTIONS PERTAINING TO RED DRUM.
Rep. RICHARDSON asked unanimous consent to recall H. 3461 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. WALKER asked unanimous consent to recall H. 3564 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. ANDERSON, with unanimous consent, withdrew his objection to the following Bill.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
Rep. BAKER moved to adjourn debate upon the Senate amendments until Thursday, May 6, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.
Rep. BAKER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\11365AC.93), which was adopted.
Amend the bill, as and if amended, Section 40-37-103(B) by deleting on page 2, line 35 /and/, and by deleting on page 3, line 3 /item."/ and inserting /item; and
(4) submitted to the board an affidavit stating that the optometrist has had at least twelve hundred hours of clinical training."/
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. KELLY moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4168 -- Reps. Kelley, Witherspoon, Keegan, Worley, Martin and Snow: A HOUSE RESOLUTION TO RECOGNIZE MRS. MARJORIE C. STONEBROOK OF MYRTLE BEACH UPON RECEIVING THE 1993 OUTSTANDING OLDER SOUTH CAROLINIAN AWARD PRESENTED BY THE SOUTH CAROLINA COMMISSION ON AGING.
The Resolution was adopted.
The following was introduced:
H. 4169 -- Reps. McLeod, Harrelson, Baker, Harrison, Hutson, Riser, Witherspoon, Wilkins, J. Bailey, Byrd, Cromer, Neilson, Thomas, Graham, Inabinett, Moody-Lawrence, Wells, Allison, Wright, Klauber, T.C. Alexander, Harrell, G. Bailey, P. Harris, Kinon, Lanford, Walker, Waites, Meacham, Stille, Houck, Carnell, Chamblee, Robinson, Gonzales, Hines, G. Brown, Felder, Meacham, Kennedy, Harwell, Simrill, R. Smith, Harvin, Tucker, Kelley, Stone, Cooper, McMahand, Sturkie, Townsend, Holt, Stuart, Neal, Vaughn, Shissias, Haskins, D. Smith, Richardson, and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE BUDGET AND CONTROL BOARD, DIVISION OF HUMAN RESOURCE MANAGEMENT, TO UNDERTAKE A STUDY OF THE EMPLOYEES OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 18, 1994.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was taken up.
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
Reps. McABEE and WALDROP proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7184BD.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1 and line 21, and inserting:
/SECTION 1. Section 50-11-310 of the 1976 Code, as last amended by Act 316 of 1992, is further amended to read:
"Section 50-11-310. (A) The open season for taking antlered deer is:
(1) As set by the commission between the dates of October first and January first in Game Zones 1, 2, and 4: as set by the commission between October first and January first. The commission may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.;
(2) Game Zone 2: with primitive weapons including, but not limited to, bow and arrow September fifteenth through January first and for still hunts with firearms October first through January first;
(2)(3) In Game Zone 5, antlered deer may be taken from: September fifteenth through January first.;
(3)(4) In Game Zone 7,: by bow and arrow from September first through January first and with firearms from September fifteenth through January first.;
(4) In Game Zone 8, from September first through January first.
(5) In Game Zone Zones 8 and 9, antlered deer from: August fifteenth to August thirty-first with bow and arrow only; antlered deer from and September first through January first with firearms and. Antlerless deer from may be taken December fifteenth through January first with bow and arrow only.;
(6) In Game Zone 10, from: September first through January first with bow and arrow only. Antlered deer may be taken and with firearms from September fifteenth through January first.
(7)(B) Except as provided above in subsection (A), the season for taking antlered deer is from August fifteenth through January first.
(8)(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."/
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. JENNINGS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7180BD.93).
Amend the bill, as and if amended, by striking Section 50-11-310(A)(2), page 1, beginning on line 34, and inserting:
/(2) In Game Zone 5, antlered deer may be taken from: by bow and arrow September first through September fourteenth and with firearms September fifteenth through January first.;/
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. HODGES moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 2, Rep. JENNINGS having the floor.
The Senate returned to the House with concurrence the following:
H. 4164 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING MR. RONALD K. BUFF, VOLUNTEER AT BAKER'S CHAPEL ELEMENTARY SCHOOL IN GREENVILLE, ON HIS SELECTION AS A WINNER IN THE NATIONAL OUTSTANDING SCHOOL VOLUNTEER AWARDS PROGRAM IN THE INTERGENERATIONAL VOLUNTEER CATEGORY, AND COMMENDING HIM FOR HIS DEDICATION TO SOUTH CAROLINA'S EDUCATIONAL SYSTEM.
At 11:50 A.M. the House in accordance with the motion of Rep. HINES adjourned in memory of Sara G. Brown of Darlington, to meet at 10:00 A.M. tomorrow.
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