South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, MAY 13, 1993

Thursday, May 13, 1993
(Statewide Session)

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:

Gracious God, the demands of life are often so heavy. Pressured by our work, by the needs of so many around, by our failures that we try so desperately to hide, we sometimes feel like giving up in despair. So in our difficulties, draw especially near to be for us a strong center of certainty, and let us never loose sight of the sure hope that You offer. Forgive us of our failures of the past, grant us the blessings of the assurance of Your presence, and let us rest in the confident knowledge that You are always "nearer to us than breathing and closer to us than hands and feet."

Make us to know for sure that what we do for You and for others is always worthwhile, both then and for the days ahead. 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.

MOTION ADOPTED

Rep. FARR moved that when the House adjourns, it adjourn in memory of Miss Mason Herring Sprouse of Union County, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration.

Document No. 1632
Promulgated By Public Service Commission
Telecommunications Utilities
Received By Speaker May 12, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 18, 1994

Document No. 1645
Promulgated By Housing Finance and Development Authority
Housing Trust Fund Monitoring Procedures
Received By Speaker May 12, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 18, 1994

Document No. 1644
Promulgated By State Housing Finance and Development Authority
Housing Trust Fund, Maximum Amount
Received By Speaker May 12, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 18, 1994

CONCURRENT RESOLUTION

On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:

H. 4191 -- Reps. G. Brown, Neal, Canty, McElveen and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILLCREST HIGH SCHOOL "WILDCATS" BOYS BASKETBALL TEAM OF SUMTER ON WINNING THE AAAA STATE CHAMPIONSHIP FOR 1993 AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 19, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the Hillcrest High School "Wildcats" Boys Basketball Team of Sumter recently captured the AAAA State Championship for 1993; and

Whereas, this talented team finished the season with an excellent 27-4 record; and

Whereas, led by its fine Head Coach James Smith, the Hillcrest High School Boys Basketball Team consisted of Seniors Ray Allen, Ronnie Morant, Derrick Wright, Kelvin Keith, and Dennis Nickens; Juniors Laron Anderson, Tabarus Phillips, Layton Watts, Tyrone Dawson, Curtis Prioleau, Antwan Grant, and Julius Gallishaw; Sophomores Orvin Holiday, Tony Yates, Gerrod Keith, Terrence Coleman, Charlie Edwards, and Tois Burgess; and

Whereas, Hillcrest High has added to its rich basketball history in the manner they finished the 1992-93 season. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, congratulates the Hillcrest "Wildcats" Boys Basketball Team of Sumter on winning the AAAA State Championship for 1993.

Be it further resolved that copies of this resolution be forwarded to James Smith, Coach of Hillcrest High School's Basketball Team and to Fredrick Maple, Principal of Hillcrest High School.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4192 -- Reps. Wright, Gamble and Spearman: A BILL TO ABOLISH THE LEXINGTON COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES ON THE RESPECTIVE SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY.

On motion of Rep. GAMBLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

ROLL CALL

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.             Baxley                 Beatty
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Delleney               Fair                   Farr
Felder                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Harwell                Hines                  Hodges
Holt                   Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Rhoad                  Richardson             Riser
Robinson               Rogers                 Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 13.

William S. Houck, Jr.             Irene K. Rudnick
Olin R. Phillips                  Terry E. Haskins
Morgan Martin                     Timothy C. Wilkes
James L.M. Cromer, Jr.            Michael F. Jaskwhich
Elsie Rast Stuart                 Dell Baker
Larry L. Elliott                  G. Ralph Davenport, Jr.
William D. Boan                   C. Lenoir Sturkie
Ronald C. Fulmer                  James H. Harrison
Ralph W. Canty                    Douglas Jennings, Jr.
June S. Shissias                  Joseph H. Neal
Richard M. Quinn, Jr.             E.B. McLeod, Jr.
Thomas E. Huff
Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Rep. A. YOUNG a leave of absence due to the death of her husband.

The SPEAKER granted Rep. HARRELSON a leave of absence for the day.

The SPEAKER granted Rep. STUART a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. William Marks of Charleston is the Doctor of the Day for the General Assembly.

S. 597--CONFERENCE REPORT ADOPTED

The Conference Report on the following Joint Resolution was taken up.

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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     No later than forty-five days after the effective date of this act, the Chief Insurance Commissioner of the South Carolina Department of Insurance is directed and required to issue an invitation for bids for any and all services which are currently paid for by, or provided to, the South Carolina Reinsurance Facility by designated carriers, non-profit service association of insurance companies, or other company not otherwise excluded in Section 4. The solicitation shall be conducted in strict accordance with the provisions of Chapter 35 of Title 11 generally, and specifically with respect to the provisions governing competitive sealed bidding. For the purpose of this solicitation, a person or organization responding to the invitation need not be a licensed insurance company or any other organization required to be licensed by the Insurance Commission in order to be a responsible bidder. The facility business to be bid under this section must be split into not less than three blocks of business to be awarded to not less than three different providers, and the contracts must be for five years.

SECTION     2.     Any contract or agreement currently in force for the provision of services to the South Carolina Reinsurance Facility by a designated carrier, non-profit service association of insurance companies, or other company not otherwise excluded by Section 4 is terminated not later than September 30, 1993, or the specified termination date, whichever comes first.

SECTION     3.     (A) The Chief Insurance Commissioner of the South Carolina Department of Insurance is directed and required to perform an audit of the records of the South Carolina Reinsurance Facility for the purpose of providing the General Assembly a comprehensive report. The report must be completed by June 1, 1993, and must include:

(1) Comparative audited financial statements, including all applicable comparative schedules and footnote disclosures from each designated carrier and any company, organization, business, enterprise, or other entity with which a designated carrier, or the facility, contracts or has or has had a business relationship since 1987. This audit report is to be prepared by an independent certified public accountant and is to include all financial statements and footnote disclosures required under generally accepted accounting procedures. The commissioner must also include in the report the results of a review performed by the Department of Insurance of the books, records, and papers of any company, organization, business, enterprise, or other entity subject to licensure by the Department of Insurance which contracts with or has or has had a business relationship with a designated carrier since 1987.

(2) Supplemental comparative schedules to be included in the report are:

(a)     a detailed schedule of profit or loss incurred by each of the designated carriers of the facility on facility business,

(b)     a listing of all shareholders who own more than a five percent interest and their annual compensation,

(c)     a listing of all shareholders who own more than a five percent interest in any entity, corporation, or partnership with related business contracts or interests to the designated carrier,

(d)     an annual analysis of any distribution of profits to shareholders or partners who have an ownership interest of five percent or more,

(e)     the amount of reserves held by each carrier for facility business and the income from the investment of such reserves,

(f)     a detailed listing by item and amount of all expenses which each designated carrier is reimbursed by the facility, and

(g)     a comparative analysis of loss ratios.

(3) A detailed listing of all expenses incurred by the facility.

(B) The commissioner must obtain from each designated carrier a complete audited financial statement from and a record of all transactions between each of the designated carriers and any company, organization, business, enterprise, or other entity with which a designated carrier contracts or has a business relationship.

SECTION     4.     The provisions of this act requiring the solicitation of bids for services and mandating audit and disclosure do not apply to contracts utilized to enforce insurance policy sales between designated agents and insureds and the designated carriers, contracts for leasing or maintenance of office equipment or furniture, telephone services, office supplies, postal services, legal services, or other noninsurance-related contracts utilized in the ordinary course of everyday business operation.

SECTION     5.     The results of the audits, reviews, and financial statements required herein must be collected and compiled by the commissioner and included in the report to the General Assembly, the contents of which or work products incidental thereto must not be disclosed to any source by the commissioner prior to or outside of the report. Any present designated carrier which has a contract or business relationship with any other company, organization, business, enterprise, or other entity subject to the provisions herein which refuses or fails to present the audited financial statements required herein, is ineligible to be considered in the bidding process provided for in Section 1.

SECTION     6.     This act takes effect upon approval by the Governor.

Rep. WHITE moved to adjourn debate upon the Conference Report until Tuesday, May 18.

Rep. T.C. ALEXANDER moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 50; Nays 21

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Brown, H.
Cato                   Chamblee               Cooper
Corning                Fair                   Farr
Gamble                 Graham                 Harwell
Hodges                 Holt                   Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Lanford                Law
Littlejohn             Marchbanks             McCraw
McKay                  McMahand               McTeer
Richardson             Robinson               Sharpe
Sheheen                Shissias               Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Townsend
Trotter                Vaughn                 Walker
Wells                  Wilder, D.             Witherspoon
Wofford                Worley

Total--50

Those who voted in the negative are:

Anderson               Bailey, G.             Baxley
Beatty                 Breeland               Cobb-Hunter
Delleney               Felder                 Govan
Hallman                Harrell                Harris, J.
Hines                  Inabinett              Kennedy
Klauber                McAbee                 Riser
Scott                  White                  Young, R.

Total--21

So, the motion to adjourn debate was tabled.

Rep. McABEE spoke against the Conference Report.

Rep. McABEE moved to table the Report.

Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 0; Nays 102

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Barber                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Carnell                Cato                   Chamblee
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Fulmer
Gamble                 Govan                  Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hodges                 Holt
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Koon
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                Wilder, D.
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright

Total--102

So, the House refused to table the Report.

Rep. McABEE moved to recommit the Report to the Conference Committee.

Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:

Yeas 29; Nays 68

Those who voted in the affirmative are:

Anderson               Baxley                 Brown, G.
Carnell                Cobb-Hunter            Davenport
Delleney               Fair                   Felder
Fulmer                 Gonzales               Govan
Harris, J.             Harris, P.             Harwell
Jennings               Kelley                 Kennedy
Klauber                Law                    Martin
McAbee                 McElveen               McLeod
Spearman               Stoddard               Tucker
Waldrop                White

Total--29

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Baker
Barber                 Beatty                 Boan
Brown, H.              Brown, J.              Cato
Chamblee               Corning                Cromer
Elliott                Farr                   Gamble
Graham                 Hallman                Harrell
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Keegan                 Keyserling
Kirsh                  Littlejohn             Marchbanks
McCraw                 McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sheheen                Simrill                Smith, R.
Stille                 Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Vaughn                 Waites
Walker                 Whipper                Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Wofford                Wright

Total--68

So, the House refused to recommit the Conference Report.

The question then recurred to the adoption of the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 756--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 756 -- Senator Cork: A BILL TO REPEAL ACT 583 OF 1971 RELATING TO THE CREATION OF THE HILTON HEAD ISLAND FIRE DISTRICT IN BEAUFORT COUNTY.

The Beaufort Delegation proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30143DW.93), which was adopted.

Amend the bill, as and if amended, page 1, lines 20 and 21, by striking SECTION 2 and inserting:

/SECTION     2.     This act takes effect September 1, 1993./

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

S. 756--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that S. 756 be read the third time tomorrow.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4181 -- Reps. Koon and Spearman: A BILL TO DECLARE A CERTAIN ROAD IN LEXINGTON COUNTY TO BE A COUNTY ROAD AND A PART OF THE COUNTY ROAD SYSTEM OF LEXINGTON COUNTY.

S. 762 -- Senator Martin: A BILL TO AMEND SUBSECTION D OF ACT 261 OF 1981, RELATING TO PICKENS COUNTY SCHOOL DISTRICT, SO AS TO SPECIFY THE AMOUNT OF REVENUE WHICH MAY BE GENERATED EACH YEAR FOR NECESSARY SCHOOL MAINTENANCE.

S. 762--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MARCHBANKS, with unanimous consent, it was ordered that S. 762 be read the third time tomorrow.

H. 3126--DEBATE ADJOURNED

The following Bill was taken up.

H. 3126 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

Rep. FARR explained the Bill.

Rep. INABINETT moved to adjourn debate upon the Bill until Tuesday, May 18, which was adopted.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3164 -- Reps. Govan, Cobb-Hunter, Hutson, Breeland, Wofford, White, Wilkins, Simrill, Kennedy, Hines, Law, Chamblee, Waldrop, Kirsh, McMahand, A. Young, Farr and Meacham: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

H. 3664 -- Reps. Quinn, Wilkes, R. Young, T.C. Alexander, Wright and Haskins: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

H. 3887 -- Rep. Harrelson: A BILL TO AMEND SECTION 7-11-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHERE A NOMINEE IS SELECTED BY PRIMARY ELECTION, SO AS TO CHANGE THE PROCEDURE FOR NOMINATING CANDIDATES WHEN IT IS IMPOSSIBLE TO NOMINATE A CANDIDATE BY SPECIAL ELECTION AND CERTIFIED TWO WEEKS OR MORE BEFORE THE GENERAL ELECTION.

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.

H. 3477--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, May 20, which was adopted.

H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.

S. 416--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

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 Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5841HC.93), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION     2.     This act takes effect upon approval by the Governor and applies to all statements of economic interests filed after December 31, 1993./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. WAITES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\22117DW.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION _____.     The 1976 Code is amended by adding:

"Section 8-13-1127.     The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. HODGES, NEILSON, HOLT, BEATTY, FARR, MEACHAM and R. SMITH proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\WWW\30152DW.93), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered sections to read:

/SECTION ___.     Section 2-17-65(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 shall file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."

SECTION ___.     Section 2-17-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 2-17-100.     A public official, public member, or a public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official, public member, or public employee who is required to file a statement of economic interests under Section 8-13-1100. Any public official, public member, public employee shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the approximate amount of the payment or reimbursement, the date and location of the speaking engagement. Any public official, public member, or public employee who does not file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement shall report this same information in writing to the chief administrative official or employee of the agency with which he is associated. If the expenses are incurred out of state, the public official incurring the expenses must receive prior written approval for the payment or reimbursement from:

(1) the Governor, in the case of any public official of any state agency who is not listed in a subitem below;

(2) any statewide constitutional officer, in the case of himself;

(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or

(4) the Speaker of the House, in the case of a member of the House of Representatives."

SECTION ___.     Section 8-13-100(5) and (12), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(5)         'Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

"(12)(a)'Election' means: a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate or ;

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. or;

(d) an election at which a ballot issue or referendum appears on the ballot."

SECTION ___.     Section 8-13-100, of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(30)     'State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State.

(31)     'Official capacity' means activities which:

(a)     arise because of the position held by the official, member, or employee;

(b)     involve matters which fall within the official responsibility of the agency, or the official, member, or employee; and

(c)     are services the agency normally would provide and for which the official, member, or employee would be subject to expense reimbursement by the agency with which the official, member, or employee is associated."

SECTION ___.     The first seven lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(9)     to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Article 17, Chapter 2 and, upon complaint by an individual, of an alleged violation of this chapter by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in this section."

SECTION ___.     The 1976 Code is amended by adding:

"Section 8-13-325.     The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist principals to offset costs associated with the administration and regulation of lobbyists and lobbyist principals."

SECTION ___.     Section 8-13-700(A) and the first eleven lines of (B) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"Section 8-13-700.     (A)(1)     No public official, public member, or public employee may knowingly use his official office, membership, or employment to obtain an economic interest for himself, a family member of his immediate family, an individual with whom he is associated, or a business with which he is associated. This prohibition does not extend to

(2)     No public official, member, or employee may use public materials, personnel, or equipment, subject to or available for the public official's, public member's, or public employee's use except for the incidental use of public materials, personnel, or equipment, subject to or available for a public official's, public member's, or public employee's use which does not result in additional public expense."

"(B) No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a family member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest. A public official, public member, or public employee who, in the discharge of his official responsibilities, is required to take an action or make a decision which affects an economic interest of himself, a family member of his immediate family, an individual with whom he is associated, or a business with which he associated shall:".

SECTION     ___.     Section 8-13-715 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-715.     A public official, public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, or public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. If the expenses are incurred out of state, the public official or public member incurring the expenses must receive prior written approval for the payment or reimbursement from:

(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;

(2) a statewide constitutional officer, in the case of himself;

(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;

(4) the Speaker of the House, in the case of a member of the House of Representatives; or

(5) the chief executive of the governmental entity in all other cases."

SECTION     ___.     Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a) as required by law; or

(b) before a court under the unified judicial system."

"(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."

SECTION     ___.     Section 8-13-775 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-775.     A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."

SECTION     ___.     Section 8-13-1110(B)(12) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(12)     a consultant."

SECTION     ___.     Section 8-13-1120(A)(3)(b), (4), and the first five lines of (6)(a) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(b) if the a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or

(4) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;

(6)(a)     a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"

SECTION     ___.     Section 8-13-1150 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1150.     A consultant must file a statement of economic interests for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:

(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or

(2) where the entity was awarded a contract by the consultant."

SECTION     ___.     Section 8-13-1160(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B) Within two five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."

SECTION     ___.     Section 8-13-1300(4) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(4)     'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

SECTION     ___.     Section 8-13-1300(9) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(9)     'Election' means:

(a)     a general, special, primary, or runoff election;

(b)     a convention or caucus of a political party held to nominate a candidate; or

(c)     the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. ; or

(d)     an election at which a ballot issue or referendum appears on the ballot."

SECTION     ___.     Section 8-13-1310(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     Within two five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."

SECTION     ___.     Section 8-13-1346 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1346.     A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member. This section does not prohibit the expenditure of public resources by a public agency to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot issue affecting that public agency."

SECTION     ___.     Section 8-13-1354 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1354.     A candidate, committee, or other person who which makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."

SECTION     ___.     Section 8-13-1356(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after candidacy books close receiving a candidate's statement of economic interests under subsection (B), must file a copy of the statement with the appropriate supervisory office."

SECTION     ___.     The 1976 Code is amended by adding:

"Section 8-13-1374.         The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, deemed to have occurred in Richland County."

SECTION     ___.     Section 2-17-70 of the 1976 Code is repealed.

SECTION     ___.     Section 8-13-1160 (A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."

SECTION     ___.     Section 8-13-1308 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).     (B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.

(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.

(D)     (1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days the calendar quarter in which the election is conducted or twenty days before the election, whichever is greater, before the election in excess of:

(a) ten thousand dollars in the case of a candidate for statewide office; or

(b) two thousand dollars in the case of a candidate for any other office.

(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.

(E) Certified campaign reports detailing campaign contributions and expenditures must contain:

(1) the total of contributions accepted by the candidate or committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the candidate or committee;

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION     ___.         Section 8-13-1310 (B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. Carnell proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PT\22115DW.93).

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     ___.     Section 2-17-90 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(G)     Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or invitation to a function paid for by a lobbyist principal if it is provided to the public official or employee solely on the basis that the spouse of the public official or employee is an official or employee of the providing lobbyist principal and that the spouse is receiving the lodging, transportation, entertainment, food, meals, beverages, or invitation purely incidental to his or her office or employment with the lobbyist principal and the public official or employee is receiving it only as spouse of an official or employee of the providing lobbyist principal."/

Renumber sections to conform

Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. HODGES moved to adjourn debate upon the Bill until Tuesday, May 18, which was adopted.

H. 3835--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 12, by the Committee on Labor, Commerce and Industry.

Rep. WHIPPER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 579--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30154DW.93) which was adopted.

Amend the bill, as and if amended, page 3, lines 19 and 20, by striking SECTION 2 and inserting:

/SECTION     2.     This act takes effect January 1, 1994./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 580--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 18, which was adopted.

S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

H. 3689--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, May 20, which was adopted.

H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: 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.

H. 4110--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4110 -- Reps. Fulmer and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-625 SO AS TO PROVIDE THAT IF ACCESS TO A PARTICULAR PROPERTY OR PROPERTIES IS CONTROLLED BY A TRAFFIC SIGNAL, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REQUIRE THAT IMPROVEMENTS BE MADE TO THE PROPERTY WHICH ARE NECESSARY TO IMPROVE TRAFFIC FLOW AT THE INTERSECTION CONTROLLED BY THE TRAFFIC SIGNAL.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 12, by Rep. HARRELL.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. McTEER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10585AL.93), which was adopted.

Amend the bill, as and if amended, Section 57-3-625, page 1, line 29, after /property/ by inserting /within 500 feet of the department's right of way/ and on line 31 after /./ by inserting /The required improvements must be limited to lane widening, adding a lane, curb cuts, medians, and similar improvements. Under this section, demolition or alteration of a permanent building on the property must not be required by the department. The property owner is not required to pay for improvements performed by the department./

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4111--DEBATE ADJOURNED

The following Bill was taken up.

H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.

Rep. FARR moved to adjourn debate upon the Bill until Tuesday, May 18.

Rep. RICHARDSON moved to table the motion, which was not agreed to by a division vote of 30 to 35.

The question then recurred to the motion to adjourn debate until Tuesday, May 18, which was agreed to.

H. 3272--INTERRUPTED DEBATE

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7191BD.93).

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 61-1-120.     A person desiring a license or permit under this title shall file with the commission an application in writing on forms provided by the commission containing a statement under oath setting forth:

(1)     the name, address, date of birth, race, and nationality of the person applying for the license or permit;

(2)     the exact location where the business is proposed to be operated;

(3)     a description of the type of business to be operated;

(4)     whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;

(5)     other information required by the commission to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit.

Section 61-1-125.     (A)     No license or permit may be issued to an organization, an association, or a corporation as such. If an application is made for an organization, an association, or a corporation, the license or permit, if granted, must be issued to an officer of the organization, association, or corporation for its use. The officer assumes all responsibility under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees and permittees.

(B)     If the license or permit is for the use of other than a non-profit organization, association, or corporation as described in Section 61-5-20(3), the officer to whom the license or permit is issued also shall own at least five percent of the business or the officer must be a full-time employee of the business. For purposes of this section 'full-time employee' means a person employed in a management position requiring a minimum of thirty-five hours of an employee's time a week.

(C)     The requirements of subsection (B) are effective January 1, 1994, for new and renewal applications.

Section 61-9-35.     A holder of a beer permit or a beer and wine permit may not purchase beer or wine, or both, on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the holder for his first violation of this section. If a holder commits a second violation, his retail dealer's permit may be suspended, canceled, or revoked by the Alcoholic Beverage Control Commission or a monetary penalty of not more than twenty-five dollars may be assessed against him."

SECTION     2.     Section 61-3-420 of the 1976 Code is amended to read:

"Section 61-3-420.     Unless the Alcoholic Beverage Control Commission in its discretion otherwise orders, no person is eligible for a license under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 if he or the person who will have actual control and management of the business proposed to be operated:

(1) is a minor less than twenty-one years of age;

(2) is not a legal resident of the United States and has not been a resident of the State of South Carolina for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date;

(3) is not of good repute; or

(4) has had a license under the provisions of this or any previous another statute regulating the manufacture or sale of alcoholic liquors which has been revoked within the period of five years next preceding the filing of the applications;

unless the Alcoholic Beverage Control Commission in its discretion otherwise orders."

SECTION     3.     Section 61-5-50 of the 1976 Code, as last amended by Act 495 of 1992, is further amended by adding appropriately numbered items to read:

"( )     The applicant is twenty-one years of age or older.

( )     The applicant is a legal resident of the United States and has been a resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date of application."

SECTION     4.     Section 61-9-320(2) and (3) of the 1976 Code, as last amended by Act 495 of 1992, is further amended to read:

"(2)     The retail applicant is a citizen legal resident of the United States and has been a legal resident of this State for at least one year thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least one year thirty days before the date of application.

(3)     The wholesale applicant is a citizen legal resident of the United States and has been a legal resident of this State for at least one year thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least one year thirty days before the date of application or has been licensed previously under the laws of this State."

SECTION     5.     Sections 61-3-430 and Section 61-3-510 of the 1976 Code are repealed.

SECTION     6.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. FAIR explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. FAIR having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. FAIR moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4193 -- Reps. Mattos, Vaughn, McMahand, Fair, M.O. Alexander, Anderson, Wilkins, Haskins, Clyborne and Cato: A CONCURRENT RESOLUTION TO RECOGNIZE THE TEN STUDENTS FROM SIX GREENVILLE COUNTY HIGH SCHOOLS WHO HAVE BEEN CHOSEN TO PLAY ON THE FIRST GIRLS BASKETBALL TEAM THAT WILL SPEND TWO WEEKS IN BELGIUM WITH THE GREENVILLE SISTER CITIES INTERNATIONAL PROGRAM AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4194 -- Reps. Breeland, Hallman, Fulmer, Holt, J. Bailey, Harrell, Keyserling, Whipper, Barber, Govan and Inabinett: A CONCURRENT RESOLUTION TO CONGRATULATE MISS AUDRA WALLACE OF CHARLESTON UPON BEING NAMED MISS 1993 SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4195 -- Reps. Breeland, Hallman, Barber, Scott, Fulmer, Waites, Rogers, J. Brown, Neal, Corning, Harrison, Byrd and Shissias: A CONCURRENT RESOLUTION TO CONGRATULATE TARA MARIE KILLIAN OF COLUMBIA UPON BEING NAMED MISS 1993 TEEN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3010--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 5, 1993

The COMMITTEE OF CONFERENCE, to whom was referred H.3010:
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-140.     (A)     General Fund appropriations in the annual general appropriations act may not exceed the base revenue estimate as calculated pursuant to subsection (B) or as adjusted pursuant to subsection (C).

(B)     For purposes of this section, the base revenue estimate is the lesser of:

(1)     (a)     the total of recurring general fund revenues collected in the fiscal year completed before the General Assembly first considers the annual general appropriations bill;

(b)     increased by a sum equal to seventy-five percent of the amount the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year exceeds the amount in subitem (a) of this item; or

(2)     the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year.

(C)     The base revenue estimate may be increased or decreased (1) by any amendment to the general appropriations bill which affects the Board of Economic Advisors revenue estimate or (2) enacted legislation which affects the board's estimate, if the board certifies in writing the change in estimated revenue.

(D)     Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated only for nonrecurring purposes.

(E)     In making a recommendation to the General Assembly for the fiscal year 1994-95 budget, and for each year thereafter, the Budget and Control Board shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless such change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting."

SECTION     2.     This act takes effect upon approval by the Governor and first applies with respect to appropriations for fiscal year 1994-95./

Amend title to conform.

/s/Nikki G. Setzler               /s/Marion P. Carnell
/s/Hugh K. Leatherman             /s/John G. Felder
/s/McKinley Washington            /s/William D. Boan
On Part of the Senate.                 On Part of the House

Rep. BOAN explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Rep. SCOTT moved that the House do now adjourn.

Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 74

Those who voted in the affirmative are:

Askins                 Breeland               Brown, J.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Harris, P.             Inabinett
Kennedy                McKay                  McMahand
Neal                   Scott                  Stille
Townsend

Total--16

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Cato
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Haskins
Holt                   Houck                  Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             McCraw
McElveen               McTeer                 Meacham
Moody-Lawrence         Quinn                  Richardson
Riser                  Robinson               Rogers
Rudnick                Sheheen                Shissias
Simrill                Smith, D.              Spearman
Stoddard               Stone                  Stuart
Sturkie                Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkes                 Wofford
Worley                 Wright

Total--74

So, the House refused to adjourn.

H. 3272--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being consideration of Amendment No. 1, Rep. FAIR having the floor.

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1 by the Committee on Labor, Commerce and Industry.

Rep. FAIR continued speaking.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7271BD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 61-1-125, SECTION 1, page 3272-2, beginning on line 13 and inserting:

/Section 61-1-125.     (A)     No license or permit may be issued to an organization, an association, or a corporation as such. If an application is made for an organization, an association, or a corporation, the license or permit, if granted, must be issued to an officer of the organization, association, or corporation or a person specifically designated in writing by the Chief Executive Officer of the organization, association, or corporation. If a person is designated, he must be a full-time employee of the organization, association, or corporation. The officer or designated person is responsible under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees and permittees.

(B)     A person may hold multiple permits and licenses. However, a person must not be issued a permit or license for more than one business entity.

(C)     No license or permit may be issued by the commission to a person under twenty-one years of age./

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

Rep. J. BAILEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7267BD.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     Section 61-9-35 of the 1976 Code, added in Section 1, applies to violations occurring after December 31, 1992. Persons fined under Regulation 7-91 of the Alcoholic Beverage Control Commission after that date for a:

(1)     first offense must be refunded the amount of the fine assessed;

(2)     second or subsequent offense must be refunded the amount of the fine assessed in excess of twenty-five dollars./

Renumber sections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.

Rep. J. BAILEY continued speaking.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3272--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 3272 be read the third time tomorrow.

H. 3531--DEBATE ADJOURNED

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10563JM.93).

Amend the bill, as and if amended, by striking Section 5-25-1330, as contained in SECTION 1, and inserting:

/Section 5-25-1330. (A) The owner of a dwelling or the owner's authorized agent is responsible for supplying and installing the smoke detectors and in rented dwellings shall provide the tenant at the time the tenant takes possession of the dwelling written or verbal instructions, or both, for testing the detectors and replacing batteries in battery-powered detectors.

(B)     The tenant of a rented dwelling shall notify the owner or the owner's authorized agent of any deficiencies in the performance of the smoke detectors.

(C)     Upon learning that a smoke detector is deficient, the owner shall repair or replace the detector within fifteen days, but no obligation is created hereby for the owner to provide batteries for battery-powered detectors allowed under Section 5-25-1320./

Amend further, by striking subsection (B) of Section 5-25-1350, as contained in SECTION 1 and inserting:

/(B)     If a smoke detector malfunctions and the malfunctioning is caused by the tenant's intentional or negligent act, including a failure to periodically test the detector and replace defective batteries, or by the manufacturer's negligent production of the detector, and the owner, owner's agent, tenant, seller, or purchaser had no knowledge of the defective condition and exercised reasonable care in the acquisition, installation, and maintenance of the detector, these persons are not liable for damages resulting from the malfunctioning./

Amend further, by striking Section 5-25-1380, as contained in SECTION 1, and inserting:

/Section 5-25-1380. A person who violates this article on first offense shall be given fifteen days to install a smoke detector or to repair or replace the detector. On second offense, a person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days."/

Amend title to conform.

Rep. G. BAILEY explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 18, which was adopted.

ORDERED TO THIRD READING

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

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.

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.

H. 3812--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3812 be read the third time tomorrow.

S. 527--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. NEILSON, with unanimous consent, it was ordered that S. 527 be read the third time tomorrow.

H. 3890--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5907HC.93), which was adopted.

Amend the bill, as and if amended, in Section 45-2-20, as contained in SECTION 1, page 1, by striking item (2) and inserting:

/(2)     'lodging establishment' means a hotel, motel, villa, condominium, inn, tourist court, tourist camp, campground, bed and breakfast, residence, or any place in which rooms, lodging, or sleeping accommodations are furnished to transients for a consideration./

Amend further, in Chapter 2, as contained in SECTION 1, page 5, by adding:

/Section 45-2-80.     Nothing in this chapter prohibits an innkeeper from denying accommodations to a guest or ejecting a guest for any valid nondiscriminatory reason not otherwise provided in this chapter./

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3890--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3890 be read the third time tomorrow.

Rep. KIRSH moved that the House do now adjourn.

Rep. RICHARDSON demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 57 to 33.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4159 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF SOUTH CAROLINA FOR ITS ACCOMPLISHMENTS IN ASSISTING ITS MEMBERS TO ACHIEVE A HIGH DEGREE OF PROFESSIONAL COMPETENCE AND PUBLIC TRUST AND TO DECLARE WEDNESDAY, MAY 19, 1993, AS CERTIFIED GOVERNMENT FINANCE OFFICERS DAY IN SOUTH CAROLINA.

H. 4191 -- Reps. G. Brown, Neal, Canty, McElveen and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILLCREST HIGH SCHOOL "WILDCATS" BOYS BASKETBALL TEAM OF SUMTER ON WINNING THE AAAA STATE CHAMPIONSHIP FOR 1993 AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 19, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

H. 4193 -- Reps. Mattos, Vaughn, McMahand, Fair, M.O. Alexander, Anderson, Wilkins, Haskins, Clyborne and Cato: A CONCURRENT RESOLUTION TO RECOGNIZE THE TEN STUDENTS FROM SIX GREENVILLE COUNTY HIGH SCHOOLS WHO HAVE BEEN CHOSEN TO PLAY ON THE FIRST GIRLS BASKETBALL TEAM THAT WILL SPEND TWO WEEKS IN BELGIUM WITH THE GREENVILLE SISTER CITIES INTERNATIONAL PROGRAM AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS.

H. 4194 -- Reps. Breeland, Hallman, Fulmer, Holt, J. Bailey, Harrell, Keyserling, Whipper, Barber, Govan and Inabinett: A CONCURRENT RESOLUTION TO CONGRATULATE MISS AUDRA WALLACE OF CHARLESTON UPON BEING NAMED MISS 1993 SOUTH CAROLINA.

H. 4195 -- Reps. Breeland, Hallman, Barber, Scott, Fulmer, Waites, Rogers, J. Brown, Neal, Corning, Harrison, Byrd and Shissias: A CONCURRENT RESOLUTION TO CONGRATULATE TARA MARIE KILLIAN OF COLUMBIA UPON BEING NAMED MISS 1993 TEEN SOUTH CAROLINA.

ADJOURNMENT

At 12:15 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Miss Mason Herring Sprouse of Union County, to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:46 P.M.