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:
O God our Father, Whose perfect understanding of our needs is sufficient for our every circumstance and condition, we feel in compassion the loss sustained by our colleague, Rep. Harry Hallman, in the untimely death of his son. We stand beside him joining in prayer for God's undergirding love to support and sustain him and other family members both now and in the days ahead. So may Your benediction be upon Harry and upon all who are with him in this fraternity of sorrow, that their faith may be strengthened and their hope made bright and triumphant. Teach us all to know that the souls of the righteous are in the hands of God, enabling each of us to say confidently with the Psalmist: "God is the strength of my heart". (Psalm 73:26)
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
April 24, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
An invitation has been extended to members of the House of Representatives to attend a Legislator Breakfast sponsored by the John Guest Evangelistic Crusade on Wednesday, May 9, 8:00 A.M., at the Capital City Club. I would appreciate consideration of placing this invitation on the House Calendar, for members only.
Thank you.
Sincerely,
David M. Beasley
The following was received.
Columbia, S.C., April 24, 1990
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. 1202:
S. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 24, 1990
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. 1108:
S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEAR 1989 IS EXTENDED UNTIL JULY 1, 1990.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 24, 1990
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. 1137:
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Alexander S. Macaulay
Chairman, Joint Legislative Screening Committee to Review Candidates for the Health and Human Services Finance Commission
DATE: April 25, 1990
In compliance with Chapter 19 of Title 2 of the 1976 Code, it is respectfully requested that the following information be printed in the Journals of the House and Senate.
Pursuant to Chapter 19 of Title 2 of the 1976 Code, this Screening Committee was convened to consider the qualifications of candidates seeking to serve on the Health and Human Services Finance Commission from the First, Third, and Fifth Congressional Districts.
The Screening Committee is charged by law to consider the qualifications of the candidates. When notice is received that an individual intends to seek election or reelection to the Commission, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is, instead, that of determining whether a candidate is qualified to serve on the Commission and under the statute our determination in that regard is not binding on the General Assembly.
The following candidates have applied to the respective positions:
Mr. George Pinckney Knight First Congressional District
Ms. Mary Catherine L. Scott Third Congressional District
Mr. George Fred Tolly, Jr. Third Congressional District
Mr. James Thomas McCray Fifth Congressional District
Having completed the investigation as required by law, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee held on March 29, 1990, and the documents submitted by the candidates which were made part of the public record. The candidates filed a Personal Data Questionnaire, a Statement of Economic Interest, letters of reference and a background investigation conducted by SLED. Documents may be viewed in the Office of Alexander Macaulay, Chairman, Suite 612 of the Gressette Office Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
Senator Macaulay Lady and Gentlemen, I'm Alex Macaulay and I Chair the Joint Screening Committee for Health and Human Services Finance Commission. For your benefit, we have Representative B. L. Hendricks, Representative Jarvis Klapman, Representative McKinley Washington, and Senator Helmly and myself. Representative Blackwell is not going to be able to make it today. We are checking to see if Senators Courson and Peeler are going to be here. I appreciate all of you being here and as soon as I hear back from Senators Courson and Peeler we will get started. The record will be available for all members of the Committee and rather than keeping anyone waiting any longer, with the Committee's permission, we will start the hearing. In order to do this if you will all please stand, all candidates, and I will ask you to raise your right hand. Do you solemnly swear that the testimony that you give here today will be the truth, the whole truth, and nothing but the truth, so help you God.
Candidates I do
Senator Macaulay Thank you.
From the First Congressional District, George P. Knight. Mr. Knight if you would please for the record, give us your full name.
Mr. Knight George Pickney Knight
Senator Macaulay Where do you reside?
Mr. Knight Route 1, Box 12, Harleyville, South Carolina
Senator Macaulay What Congressional District is that?
Mr. Knight First
Senator Macaulay Have you been hospitalized or had any serious illness or any medical problems in the past year?
Mr. Knight None whatsoever
Senator Macaulay To your knowledge, do you have any health problems which might hinder your ability to perform the duties of the office?
Mr. Knight No sir, I don't.
Senator Macaulay Do you have any business obligations, being it employment or other commitments, that would prohibit you from attending the meetings or putting in time needed to serve this office?
Mr. Knight No sir, I don't.
Senator Macaulay Do you or your family have any business interests that would present a conflict of interest in your holding this position?
Mr. Knight None. No Sir.
Senator Macaulay Are you or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
Mr. Knight No sir, none.
Senator Macaulay Have you ever been discharged from any employment?
Mr. Knight No sir.
Senator Macaulay Do you have any statement that you would like to make as to why you seek this position?
Mr. Knight None accept I have a serious curious interest in the Health and Human Service Finance Commission and I would like to serve on this Commission.
Senator Macaulay I noticed that we have the Honorable George Bailey here with you today. Is he here in support of your candidacy?
Mr. Knight He is, yes sir.
Senator Macaulay Well that speaks well of you right there. Any other questions from the Committee? Mr. Hendricks?
Rep. Hendricks You have not served on this Commission before, is that right?
Mr. Knight No sir.
Senator Macaulay Mr. Klapman.
Rep. Klapman What experience have you had? I've read your resume, and the finance part I think you are well qualified. I'm just interested to know what kind of experience you have had in the health field.
Mr Knight None other than the ___________, and a casual interest in it.
Rep. Washington Mr. Knight, are you familiar with the responsibility of the Health and Human Service Finance Commission?
Mr. Knight Yes sir, I believe so.
Rep. Washington What are your feelings about the nursing home industry, the nursing expansion, or do you think that Health and Human Service Finance Commission ought to be helping to increase nursing beds, etc. in this State, and your feeling about medicare and medicaid program that the Health and Human Service Finance Commission has to administer and involved in. Do you have any kind of indication as to what is going to be involved in this area, and if so, what is your sensitivity towards these issues?
Mr. Knight Yes sir. I think that health care, health care delivery is one of the most pressing problems of our time, of our people and certainly of our government, and I am quite sure that there is going to have to be expanded more and better is my feeling about it, and that is exactly what I would like to see. Nursing homes are a vital part of our existence, I would say, and I myself would look very favorably upon this.
Rep. Washington What are your feelings about the social services programs in this State which is also the HHFC's has a great responsibility in allocation and recommendations including child development, child care, etc. What are your feelings toward that, what do you think, or what experience have you had in this particular area.
Mr. Knight I have had some experience, of course my resume would show some service on County Council in Dorchester County. My record was in support of our social service programs and I believe they are vital and necessary, and would be my aim to see that they be continued or made better.
Senator Helmly Mr. Knight you don't have any interests in nursing homes or hospitals or anything like that do you?
Mr. Knight Financial interests?
Senator Helmly Yes sir
Mr. Knight None whatsoever
Senator Helmly Did you happen to be on Council when we assessed the county's 4.5 million dollars under the Assistance Act some 2 1/2, three years ago? You probably were.
Mr. Knight I don't believe I was. I was there when we made our first effort in Dorchester County for indigent medical care.
Senator Macaulay Any further questions from the Committee? Thank you Mr. Knight.
Mr. Knight Thank you very much.
Senator Macaulay The next Congressional District is the Third Congressional District and Catherine L. Scott. Again we will follow the same procedure. Again if you would please, give us your full name.
Ms. Scott Mary Catherine Ledford Scott
Senator Macaulay Where do you reside?
Ms. Scott Easley, South Carolina
Senator Macaulay What Congressional District is that?
Ms. Scott The third
Senator Macaulay Have you been hospitalized or had any serious illness or any medical problems in the past year?
Ms. Scott No
Senator Macaulay To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office?
Ms. Scott No.
Senator Macaulay Do you have any business obligations, being it employment or other commitment that would prohibit you from attending the meeting or putting in the time needed to service in that office?
Ms. Scott No.
Senator Macaulay Do you or your family have any business connections or interest that would present a conflict of interest in your holding this position?
Ms. Scott No.
Senator Macaulay Are you or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
Ms. Scott No.
Senator Macaulay Have you ever been discharged from any employment.
Ms. Scott No.
Senator Macaulay Do you have any statement that you would like to make as to your serving on the Health and Human Services Finance Commission?
Ms. Scott I believe that to most of you I have spoken this week regarding my interest in the Commission which has been strictly a personal interest as the result of a commitment to my father upon his death that I would work for the elderly and for cancer victims. In doing so, I became acquainted with numerous people who have benefited from the medicaid programs, in particular the community long term care. So it is with dedication and tremendous commitment that I offer my services.
Senator Macaulay Thank you very much. Are there any questions from the Committee? Mr. Klapman?
Rep. Klapman What areas of volunteerism are you involved in?
Ms. Scott My father and my grandmother both died of cancer and my grandmother had been in the medical community for 50 years and was a nurse. My sister is a nurse, so I have been involved in a lot of medical-related volunteer programs. In particular the Greenville County Cancer Society. I have also done numerous things with the United Christian Ministries and if you are familiar with the United Christian Ministries they provide immediate care to those in need while it doesn't really speak to issues that would involve medicaid and community long term care projects. It did give me insight into the needs of the people who would benefit from these programs.
Rep. Washington Have you served on any other boards or commissions at this time?
Ms. Scott Not any local boards or commissions. I have held various offices, American Association of University Women, Alumni Association, Professional Women's Association. I have held offices, but not a local board.
Senator Macaulay Are there any further questions? Thank you very much.
Senator Macaulay The next is George Fred Tolly, Jr. Could you please give us your full name?
Mr. Tolly Yes sir. George Fred Tolly, Jr.
Senator Macaulay Where do you reside.
Mr. Tolly Anderson, South Carolina
Senator Macaulay What Congressional district is that?
Mr. Tolly Third sir
Senator Macaulay Have you been hospitalized or had any serious illness or any medical problems in the past year?
Mr. Tolly No sir, I have not.
Senator Macaulay To your knowledge, do you have any health problem that might hinder your ability to perform the duties of the office?
Mr. Tolly No sir, I do not.
Senator Macaulay Do you have any business obligation, being employment or other commitments, that would prohibit you from attending the meetings or putting in the time needed to serve in the office?
Mr. Tolly No sir, I do not.
Senator Macaulay Do you or your family have any business interests that would present a conflict of interest in your holding this position?
Mr. Tolly No sir, I do not.
Senator Macaulay Are you or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
Mr. Tolly No sir.
Senator Macaulay Have you ever been discharged from any employment?
Mr. Tolly No sir.
Senator Macaulay Do you have a statement you would like to make as to why you are seeking this office?
Mr. Tolly Yes sir. I will make a brief statement. I just wanted to say that the Lord and the State of South Carolina has been extremely good to me and I am going to be retiring next year. I felt like I might in some way bring some talent and experience to the Commission, therefore, I would like to be able to serve the Commission.
Senator Macaulay Senator Helmly?
Senator Helmly I believe you served on the Board of the Anderson County Hospital?
Mr. Tolly That's correct. Yes sir.
Senator Helmly You would be very diligent in being sure that you didn't let your biases to this hospital influence you I'm sure. I understand that you were an excellent Board member, but you would have to be very careful with that I would think from time to time.
Mr. Tolly Yes sir, I would certainly try to be.
Senator Helmly I believe you would, I have known your integrity.
Senator Macaulay Are there any other questions? Thank you very much Mr. Tolly.
Mr. Tolly Thank you.
Senator Macaulay Our last candidate is from the Fifth Congressional District, Mr. James T. McCray. If you would for the record please, give us your full name.
Mr. McCray James Thomas McCray.
Senator Macaulay Where do you reside?
Mr. McCray Route 2, Box 219, Pageland, South Carolina
Senator Macaulay What Congressional District is that?
Mr. McCray The Fifth District.
Senator Macaulay Have you been hospitalized or had any serious illness or medical problems in the past year?
Mr. McCray Your honor, I have rheumatoid arthritis, but I do have it under control.
Senator Macaulay My father used to have arthritis, as he used to say it's not something you die of, you die with it.
Mr. McCray That's right. I had to retire because of it. That is one of the reasons I wanted to serve on this Board. You have to have a challenge to go every day.
Senator Macaulay To your knowledge, do you have any health problem which might hinder your ability to perform the duties of this office.
Mr. McCray No sir, not to my knowledge.
Senator Macaulay You are satisfied that the arthritis would not hinder you.
Mr. McCray I have a good doctor that has me under close care.
Senator Macaulay Do you have any business obligations, being it employment or other commitments, that would prohibit you from attending the meetings or putting in the time needed for serving this office?
Mr. McCray No sir, I do not.
Senator Macaulay Do you or your family have any business interests that would present a conflict of interest in your holding this position?
Mr. McCray No sir.
Senator Macaulay Are you or any of your family related to anybody affiliated with the Health and Human Service Finance Commission?
Mr. McCray No sir.
Senator Macaulay Have you ever been discharged from any employment?
Mr. McCray No sir.
Senator Macaulay Do you have a statement or anything you might present to the Committee as to why you are interested in serving in this capacity.
Mr. McCray Sir, I worked for Springs Mills for 37 1/2 years. I was in charge of the safety program for the plant for a number of years. I learned from that, that human health is a very important fact, in employment as well as in personal life. With the time I have now, as I have stated already, I need a challenge. I would love to serve on this Board and would like to do something to contribute to mankind. I have a strong desire for young people and old people. The in-betweens can take care of themselves. However, I am interested in them, but these other two groups are important to us. I am real proud of the State of South Carolina. I was born and reared here. I live about a half a mile from where I was born. I have really migrated quite a distance. But I am interested and proud of the State of South Carolina when I heard the report yesterday that we were fifth in the nation on management of our state and it made me feel real good. One of the things that made me feel so good was that I am in the northwest corner of the state, joining North Carolina and we are ahead of them. They are sixth.
Senator Macaulay Thank you Mr. McCray. Do we have any questions from the other members?
Rep. Washington Do you feel that we are doing enough now as far as health care delivery services or social services in this state.
Mr. McCray Sir I don't know where we stand with the health program as far as where we rate. But we are number five and I said that is a good challenge to work on and to get to be number one. I would like to see more of it. We are in the process right now of getting a nursing home in Pageland, and I am real concerned about that and real happy that we are getting it. Not only in the Pageland area, but I am talking about over the whole State. I think it is a thing that has really bothered our elderly that they have to worry about these escalating costs in the medical field. It's something that you think you have a pretty good nest egg and I know from experience, that with this arthritis that my medicine runs me about $300.00 a month. So I am familiar with the cost and I know how it can really take its toll on the people. If I didn't have the financial means with a good company that made preparations for this, in years past, then that could be a real burden. I would like to see more of it. I would like to see us get to the place where the elderly would not have to worry about this. We could ease that altogether, so the waning years could be enjoyed rather them be hampered.
Rep. Washington What are your feelings about the AFDC program that we have in this State? Do you think that the State is doing enough and giving enough to those? Are you familiar with the AFDC program?
Mr. McCray No sir. I am not sure what that is.
Rep. Washington Aid to Families with Dependent Children.
Mr. McCray Yes sir, OK. I just wasn't familiar with the terminology. In some areas perhaps not. This is another problem where you have young people working or where you have unemployment and people out trying to find work. They have children they have to worry about, a job that is not paying what it should. They cannot afford to put children in the nursery and I think we are going to have to help look after these youngsters in order to see that they are taken care of.
Senator Macaulay Are there any other questions from any other members? Mr. McCray thank you very much sir.
Mr. McCray Thank you.
Senator Macaulay I appreciate you all being here today. Unless we have anything else, we will excuse the candidates.
Senator Macaulay I have a letter from Chief Stewart for all the applicants, Mr. Knight, Mr. McCray, Ms. Scott and Mr. Tolly that he has checked the driver's license and criminal records and all applicants are negative of any criminal records. Do I have a motion to recommend approval of all four applicants?
Senator Macaulay A motion has been made and seconded that we approve the applicants for the Health and Human Services Finance Commission, for all four, Mr. Knight, Mr. McCray, Ms. Scott and Mr. Tolly.
Senator Macaulay Is there any discussion?
A short discussion took place concerning the lack of interest in the candidacy of applicants to the Health and Human Service Finance Commission and the small number of candidates. It was suggested that the Health and Human Services Finance Commission might do some proselyting in getting the word out that the positions are there. It was further suggested that the Commission could publicly let the people of South Carolina know what the Commission does, therefore, attracting more candidates. It was mentioned that the lack of interest might well be that so many people have been victims of Hugo, that people at this time have their own problems to tend to.
With no further business, the meeting was adjourned.
The Joint Legislative Screening Committee to Review Candidates for the State Health and Human Services Finance Commission finds Mr. George Pinckney Knight qualified for the Health and Human Service Finance Commission from the First Congressional District; Ms. Catherine L. Scott and Mr. George Fred Tolly, Jr. qualified for the Health and Human Service Finance Commission from the Third Congressional District; and Mr. James T. McCray for the Health and Human Service Finance Commission from the Fifth Congressional District.
Respectfully submitted,
Senator Alexander S. Macaulay, Chairman
Senator John E. Courson
Senator Harvey S. Peeler, Jr.
Senator Robert L. Helmly
Representative B. L. Hendricks, Jr.
Representative Dill Blackwell
Representative Jarvis R. Klapman
Representative McKinley Washington
On motion of Rep. BLACKWELL, the Report was ordered printed in the Journal.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4981 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
Ordered for consideration tomorrow.
On motion of the Florence Delegation, with unanimous consent, the following was taken up for immediate consideration:
H. 5060 -- Reps. Glover and Fant: A HOUSE RESOLUTION TO DESIGNATE THURSDAY, MAY 3, 1990, AS "BOYS' AND GIRLS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE ON THURSDAY, MAY 3, 1990, AT A TIME CONVENIENT TO HOUSE MEMBERS AND CLUB DIRECTORS, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' AND GIRLS' CLUB YOUTH OF THE YEAR AWARD.
Whereas, the members of the House of Representatives designate Thursday, May 3, 1990, as "Boys' and Girls' Club Day" in South Carolina; and
Whereas, the South Carolina Area Council of the the South Carolina Boys' and Girls' Club annually selects the South Carolina Boys' and Girls' Club Youth of the Year; and
Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' and Girls' Club; and
Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and
Whereas, the applicants are also required to write an essay on the subject "What the Boys' and Girls' Club Means to Me" and, in addition, they must have overcome a major obstacle in their lives; and
Whereas, the South Carolina Youth of the Year will compete with youth from other states for the national award which will be presented by President George Bush; and
Whereas, the following youths have been selected as finalists for this year's award: Robyn Ellison, Adual Willis, Largin Holloway, Candi Burgess, Micheal Seabrook, Raseada Smalls, and Charles Davis; and
Whereas, these youths who are competing for this prestigious award are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina designate Thursday, May 3, 1990, as "Boys' and Girls' Club Day" in South Carolina.
Be it further resolved that all contestants for the Youth of the Year award and their club directors are invited to attend a meeting of the House of Representatives in the Hall of the House on Thursday, May 3, 1990, at a time convenient to House members and Club Directors, so that the House members may recognize and commend the contestants, their club directors, and the recipient of the South Carolina Boys' and Girls' Club Youth of the Year award.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1553 -- Senators Fielding, Passailaigue, Martschink, McConnell and McLeod: A CONCURRENT RESOLUTION THANKING MR. WILLIAM E. CRAVER OF CHARLESTON COUNTY FOR HIS DEDICATED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1558 -- Senators Waddell and Williams: A CONCURRENT RESOLUTION EXTENDING HEARTIEST CONGRATULATIONS TO THE BEAUFORT MARINE CORPS AIR STATION UPON BEING NAMED THE NATION'S TOP UNITED STATES MARINE CORPS INSTALLATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1561 -- Senators Martschink, McConnell, Fielding, Passailaigue, Bryan, Courson, Drummond, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY ROBERT HALLMAN, THE SON OF OUR COLLEAGUE AND GOOD FRIEND, REPRESENTATIVE HARRY M. HALLMAN, JR., AND EXTENDING SYMPATHY TO REPRESENTATIVE AND MRS. HALLMAN AND ALL THE OTHER MEMBERS OF THE HALLMAN FAMILY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5061 -- Rep. Kinon: A BILL TO DESIGNATE A ROAD IN DILLON COUNTY AS "JUNE SCOTT BOULEVARD".
On motion of Rep. KINON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 431 -- Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "AVERAGE WEEKLY WAGES" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND REDEFINE THE TERM.
Referred to Committee on Labor, Commerce and Industry.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1548 -- Senator Waddell: A BILL TO AMEND SECTION 34-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITIONS UNDER THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT WHICH REQUIRE CERTAIN PRIOR APPROVALS, SO AS TO AUTHORIZE AN ADDITIONAL TYPE OF ACQUISITION; AND TO REVISE CERTAIN TERMS USED IN THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT.
On motion of Rep. DERRICK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Farr Foster Glover Gregory Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Holt Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on April 25, 1990.
Robert O. Kay Juanita M. White Mickey Burriss B.J. Gordon Ennis M. Fant T.T. Mappus Jim C. Johnson Thomas E. Huff Tee Ferguson James H. Hodges George H. Bailey J. Michael Baxley Dell Baker John Felder Larry Gentry Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Reps. HALLMAN and HARRISON a leave of absence for the day.
Reps. T.M. BURRISS and CORK signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, April 19.
Reps. ELLIOTT and STURKIE signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, April 24.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
The reason I voted to concur with Senate Amendments on H. 3169 on Thursday, April 19, was to ensure a cap reduction at hazardous waste facilities would be imposed. Having been the victim of midnight dumping of waste on my own personal property, I cannot encourage irresponsible handling of hazardous waste. The Senate Amendments are more in line, that is, describing landfilling as the least desirable method of disposal, restricting out-of-state waste, and giving South Carolina generators preference for landfill disposal capacity.
Rep. JOHN TUCKER
The following Bill was taken up.
H. 5016 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Short: A BILL TO AMEND ACT 292 OF 1987, AS AMENDED, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THIS AUTHORIZED MILLAGE; AND TO INCREASE THE AMOUNT OF MILLAGE WHICH THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN YORK COUNTY MAY LEVY OVER THAT OF THE PREVIOUS YEAR WITHOUT APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM.
Rep. KIRSH moved to table the Bill, which was agreed to.
Rep. WASHINGTON moved that when the House adjourns it adjourn in memory of Anthony Boyert from Ravenel, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5044 -- Rep. Jaskwhich: A BILL TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1529 -- Senators Hayes, Hinson and Peeler: A BILL TO AMEND ACT 292 OF 1987, AS AMENDED, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THIS AUTHORIZED MILLAGE; AND TO INCREASE THE AMOUNT OF MILLAGE WHICH THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN YORK COUNTY MAY LEVY OVER THAT OF THE PREVIOUS YEAR WITHOUT APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.
Rep. BENNETT explained the Bill.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1475 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
S. 1268 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Rep. RUDNICK proposed the following Amendment No. 6 (Doc. No. 1660X), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-4510. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to a retired member of the General Assembly who has a vested interest in the General Assembly Retirement System and who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to a person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. A retired member of the General Assembly who is issued a license plate under the provisions of this article is not required to reapply so long as he owns the vehicle for which the plate is issued or is authorized pursuant to this article. The provisions of this article do not apply if the retired member applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010 or if the person, at the time of making application under this article, is under suspension by either house of the General Assembly, is an expelled member of the General Assembly, or is being prosecuted for or is under sentence imposed by a court of competent jurisdiction for a criminal violation of law committed while he was a member of the General Assembly.
Section 56-3-4520. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words 'South Carolina House, Retired', or 'State Senate, Retired', depending upon the house in which the applicant most recently served at the time of making the application, together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.
Section 56-3-4530. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-4540. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who: (1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article, (2) conceals a material fact, or (3) otherwise commits fraud in the application or in the use of a special license plate issued under this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. ALTMAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 42 to 37.
Rep. RUDNICK proposed the following Amendment No. 7 (Doc. No. 1668X), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6210. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to a retired member of a state board or commission who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to a person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. A retired member of the board or commission who is issued a license plate under the provisions of this article is not required to reapply so long as he owns the vehicle for which the plate is issued or is authorized pursuant to this article.
Section 56-3-6220. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with appropriate words indicating the board or commission on which the applicant most recently served at the time of making the application, together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.
Section 56-3-6230. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-6240. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who: (1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article, (2) conceals a material fact, or (3) otherwise commits fraud in the application or in the use of a special license plate issued under this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. ALTMAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 49 to 11.
Rep. RUDNICK proposed the following Amendment No. 8, which was tabled.
Amend the bill to provide that retired members of the S.C. Highway Department may retain their license plates after the expiration of their terms of service on the S.C. State Highway Commission.
Rep. RUDNICK explained the amendment.
Rep. ALTMAN moved to table the amendment, which was agreed to by a division vote of 43 to 8.
Rep. SMITH objected to the Bill.
Rep. ALTMAN explained the Bill.
The Bill was read the second time and ordered to a third reading.
The SPEAKER granted Rep. R. BROWN a leave of absence for for the remainder of the day.
The following Bill was taken up.
H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.
Rep. KIRSH objected to the Bill.
The following Bill was taken up.
H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HOLT withdrew his objection to the Bill.
Rep. BAKER explained the Bill.
Rep. MOSS proposed the following Amendment No. 4:
Strike Amendment No. 2, adopted April 5, 1990.
Rep. BAKER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4, Rep. BAKER having the floor.
Reps. SMITH and McTEER withdrew their objections to the following Bill.
S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.
Rep. McTEER withdrew his objection to the following Bill.
H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.
Rep. KLAPMAN withdrew his objection to H. 3577 however, other objections remained upon the Bill.
Rep. WILKINS asked unanimous consent to recall S. 1251 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SIMPSON objected.
Rep. McABEE asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.
Rep. G. BROWN objected.
The Senate amendments to the following Bill were taken up for consideration.
S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.
Rep. BEASLEY moved to continue the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.
Rep. G. BAILEY moved to adjourn debate upon the Senate amendments until Thursday, April 26, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Rep. MOSS proposed the following Amendment No. 1 (Doc. No. 1606X), which was adopted.
Amend the bill, as and if amended, in Section 43-5-590(d), as contained in SECTION 1, page 2, by inserting before the period on line 9 /or for vital records information/.
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered sent to the Senate.
Rep. HAYES moved to reconsider the vote whereby the following Bill was continued.
S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.
Rep. HAYES moved to adjourn debate upon the motion to reconsider, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Rep. McLELLAN explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. L. MARTIN moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.
Rep. L. MARTIN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4807 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS AND SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE REDUCED UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4244 -- Reps. Wilder, Baxley and Corning: A BILL TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
Reps. KIRSH, P. HARRIS, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 2 (Doc. No. 1642X), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, page 3, lines 1 through 44.
Renumber sections to conform.
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered sent to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
Rep. HAYES moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
Rep. KOHN moved to adjourn debate upon the Senate amendments until Thursday, April 26, which was adopted.
The motion period was dispensed with on motion of Rep. J. ROGERS.
Rep. BEASLEY moved that the House recur to the morning hour.
Rep. J. ROGERS moved to table the motion.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Bailey, K. Bennett Blanding Brown, G. Brown, J. Brown, R. Burch Burriss, T.M. Carnell Chamblee Cooper Cork Derrick Faber Fant Farr Ferguson Foster Glover Gordon Harris, J. Harris, P. Holt Johnson, J.W. Kay Keesley Keyserling Kinon Kirsh Kohn Limehouse Mappus Martin, D. McAbee McBride McElveen McKay McLeod Nesbitt Phillips Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Smith Snow Stoddard Taylor Townsend Tucker Waites Waldrop Washington Whipper White Wilkes Williams, J. Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barfield Baxley Beasley Blackwell Boan Brown, H. Bruce Clyborne Cole Corbett Corning Davenport Fair Hendricks Hodges Huff Jaskwhich Johnson, J.C. Keegan Klapman Lanford Littlejohn Manly Martin, L. Mattos McCain McLellan McTeer Moss Neilson Quinn Short Simpson Vaughn Wells Wilder Wilkins Wofford Wright
So, the motion to recur was tabled.
Rep. QUINN moved to adjourn debate upon the following Bill until Tuesday, May 1, which was adopted.
H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
The following Bill was taken up.
H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 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 1990-91.
Rep. KOHN explained the Bill and moved to adjourn debate upon the Bill.
Rep. HOLT moved to table the motion, which was agreed to by a division vote of 8 to 1.
The question then recurred to the passage of the Bill on second reading, which was agreed to.
Rep. J. ROGERS moved to adjourn debate upon the following Bill until Thursday, May 3, which was adopted.
H. 3154 -- Reps. Huff and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. J. ROGERS moved to adjourn debate upon the following Bill until Thursday, May 3, which was adopted.
H. 3461 -- Reps. Baker and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS.
The following Bill was taken up.
H. 3010 -- Reps. Hayes and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 THROUGH 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Rep. J. ROGERS moved to adjourn debate upon the Bill until Thursday, May 3.
Rep. HAYES moved to table the motion.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baker Barfield Baxley Beasley Blackwell Brown, H. Bruce Clyborne Cole Corbett Corning Davenport Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Keegan Keesley Kirsh Koon Lanford Littlejohn Manly Martin, L. Mattos McCain McElveen McGinnis McTeer Neilson Nesbitt Quinn Simpson Smith Vaughn Wells Whipper Wilkins Wofford
Those who voted in the negative are:
Altman Bailey, G. Bailey, J. Bailey, K. Bennett Blanding Brown, J. Brown, R. Burch Carnell Chamblee Cork Faber Fant Farr Felder Foster Glover Gordon Harris, J. Harris, P. Kay Keyserling Kinon Kohn Limehouse Mappus Martin, D. McAbee McBride McKay McLeod Moss Phillips Rama Rhoad Rogers, J. Sharpe Sheheen Taylor Tucker Waites Waldrop Washington Wilkes Winstead
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate until Thursday, May 3.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Bailey, K. Bennett Blanding Brown, G. Brown, J. Brown, R. Burch Carnell Cork Derrick Faber Fant Felder Ferguson Glover Gordon Harris, P. Kay Kinon Klapman Kohn Koon Limehouse Martin, D. McAbee McBride McKay McLeod Nettles Rogers, J. Rudnick Sheheen Short Snow Taylor Townsend Tucker Waites Washington White Wilkes Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barfield Baxley Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Farr Foster Harris, J. Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Keegan Keesley Keyserling Kirsh Lanford Littlejohn Manly Mappus Martin, L. Mattos McElveen McGinnis McLellan McTeer Moss Neilson Nesbitt Phillips Quinn Rama Simpson Smith Vaughn Waldrop Wells Whipper Wilkins Wofford
So, the motion to adjourn debate was rejected.
Rep. BEASLEY moved that the House recur to the morning hour.
Rep. J. ROGERS moved to table the motion.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Bailey, K. Baxley Bennett Blanding Brown, J. Brown, R. Burch Burriss, T.M. Carnell Cork Derrick Faber Fant Felder Ferguson Glover Gordon Harris, P. Kay Keyserling Kinon Kohn Limehouse Mappus Martin, D. McAbee McBride McLeod Nettles Rama Rogers, J. Rudnick Sheheen Smith Snow Taylor Tucker Waites Washington Whipper White Wilkes Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barfield Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Farr Harris, J. Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Keegan Keesley Kirsh Koon Lanford Littlejohn Manly Martin, L. Mattos McCain McElveen McGinnis McLellan McTeer Moss Neilson Nesbitt Phillips Quinn Simpson Townsend Vaughn Waldrop Wells Wilkins Wofford Wright
So, the House refused to table the motion to recur.
The question then recurred to the motion to recur to the morning hour.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barfield Beasley Blackwell Boan Brown, G. Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Elliott Fair Farr Foster Harris, J. Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Keegan Keesley Kirsh Koon Lanford Littlejohn Manly Martin, L. Mattos McCain McGinnis McKay McLellan McTeer Moss Nesbitt Phillips Quinn Simpson Sturkie Townsend Vaughn Waldrop Wells Wilkins Wofford Wright
Those who voted in the negative are:
Bailey, G. Bailey, J. Bailey, K. Baxley Bennett Blanding Brown, J. Brown, R. Burch Burriss, T.M. Carnell Cork Derrick Faber Fant Felder Ferguson Glover Gordon Harris, P. Kay Keyserling Kinon Klapman Kohn Mappus Martin, D. McAbee McBride McLeod Nettles Rama Rogers, J. Rudnick Sharpe Sheheen Smith Snow Taylor Tucker Waites Washington Whipper White Wilkes Winstead
So, the motion to recur to the morning hour was agreed to.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of the Bill.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 580 -- Senators Horace C. Smith and Lee: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5062 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ANTHONY BOYERT OF RAVENEL AND A MEMBER OF THE ST. PAUL'S FIRE DEPARTMENT, UPON HIS TRAGIC DEATH WHILE FIGHTING A FIRE AT THE RAVENEL TOWN HALL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5063 -- Reps. L. Martin, Hendricks, Simpson, M.O. Alexander, T.C. Alexander, Baker, Blackwell, Bruce, Chamblee, Clyborne, Cole, Cooper, Davenport, Fair, Fant, Ferguson, P. Harris, Haskins, Jaskwhich, Kay, Lanford, Littlejohn, Manly, Mattos, McGinnis, McLellan, Townsend, Tucker, Vaughn, Wells and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLUE RIDGE ELECTRIC COOPERATIVE, INC., ON THEIR FIFTIETH ANNIVERSARY OF SERVICE TO THEIR CUSTOMERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5064 -- Reps. Waldrop and Gentry: A HOUSE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF THE LATE EUGENE C. GRIFFITH OF NEWBERRY IN NEWBERRY COUNTY.
The Resolution was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. BAKER having the floor.
H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 4 by Rep. MOSS.
Rep. BAKER continued speaking.
Rep. SIMPSON objected to the Bill.
Rep. BAKER continued speaking.
Rep. TOWNSEND moved to table the amendment, which was not agreed to.
The amendment was then adopted.
Rep. TOWNSEND spoke against the Bill.
Rep. STURKIE spoke in favor of the Bill.
Rep. TOWNSEND objected to the Bill.
Rep. G. BAILEY moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted.
S. 686 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
S. 919 -- Senators Courson, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2193 SO AS TO PROVIDE FOR NOTIFICATION OF A SCHOOL'S PRINCIPAL WHEN THE SCHOOL IS ATTENDED BY A PERSON TWENTY-ONE YEARS OF AGE OR YOUNGER COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES FOLLOWING CONVICTION OR ADJUDICATION OF DELINQUENCY FOR A VIOLENT CRIME.
H. 5010 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5011 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO TRAFFIC, PARKING, AND REGISTRATION OF MOTOR VEHICLES, COLUMBIA CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEASLEY explained the Joint Resolution.
H. 5012 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO INCREASE SPEED LIMIT AT THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1201, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEASLEY explained the Joint Resolution.
H. 5014 -- Reps. J. Bailey and Sheheen: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
S. 1514 -- Senators Setzler, Hayes and Moore: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT SCHOOL BUS TRANSPORTATION STUDY COMMITTEE SHALL SELECT UP TO SIX PILOT PROJECTS AUTHORIZED PURSUANT TO THE PROVISIONS OF PART III, ACT 189 OF 1989 BY APRIL 15, 1990.
H. 3237 -- Rep. Limehouse: A BILL TO AMEND SECTION 40-6-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF AN AUCTIONEER'S LICENSE, SO AS TO ADD AS A GROUND CONVICTION OF A FELONY.
H. 4815 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ARCHITECTURAL-ENGINEERING OR LAND SURVEYING CONTRACTS, SO AS TO CLARIFY THE PROVISIONS GOVERNING THE NEGOTIATION AND AWARD OF SMALL CONTRACTS.
Rep. ALTMAN explained the Bill.
H. 4850 -- Rep. Baxley: A BILL TO AMEND TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS AND AGENTS BY ADDING CHAPTER 4 SO AS TO PROVIDE FOR CERTAIN REGULATION OF CONTRACTS FOR PRINT OR MEDIA ADVERTISING.
Rep. M.O. ALEXANDER explained the Bill.
S. 1256 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF COSMETOLOGY, RELATING TO LICENSURE AND OPERATION OF COSMETOLOGY, MANICURE AND ESTHETICS SALONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4879 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.
H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.
Rep. WILKINS explained the Bill.
The following Bill was taken up.
H. 5017 -- Rep. Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.
Rep. WINSTEAD proposed the following Amendment No. 1 (Doc. No. 1337o), which was adopted.
Amend the bill, as and if amended, Section 34-11-140, as contained in SECTION 1, page 1, line 31, after /copied./ by inserting /However, this section does not prohibit a person from recording a credit card number and expiration date as a condition for cashing a check where that person has agreed with the card issuer to cash checks as a service to the issuer's cardholders and the issuer guarantees cardholder checks cashed by that person./
Amend title to conform.
Rep. WINSTEAD 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. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 7, by the Committee on Labor, Commerce and Industry.
Rep. M.O. ALEXANDER explained the amendment.
Rep. LIMEHOUSE objected to the Bill.
The following Bill was taken up.
H. 3944 -- Reps. T.M. Burriss and Cork: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE FOR SUCH SALES AT SPORTING EVENTS OF NONPROFIT ENTITIES UPON THE CONSENT OF THEIR RESPECTIVE GOVERNING BODIES.
Rep. HAYES objected to the Bill.
The following Bill was taken up.
H. 3930 -- Reps. Whipper, Barber, Washington, Wilkes, Mappus, D. Martin, Winstead and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1540X), 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 39-5-355. (A) A business which is primarily engaged in retail sales may not use the term 'wholesaler', 'wholesale', or 'distributor' in its name or advertising. For purposes of this section, a 'retailer' is a business in which more than fifty percent of the gross revenues are generated from retail sales.
(B) The provisions of this section do not apply to bona fide membership-only business organizations in this State which, in exchange for valuable consideration, enter into written agreements with qualifying businesses or group representatives within the general populous in order to become members of the organization, and this membership entitles a member to enter the organization and purchase merchandise at prices represented to be lower than those generally available to the public."
SECTION 2. Section 39-5-360 of the 1976 Code is amended to read:
"Section 39-5-360. Each sale in violation of the terms of this article shall be declared is a separate offense and the penalty for each violation thereof shall must be a fine of not more than one two hundred dollars or imprisonment for not more than thirty days in the discretion of the court."
SECTION 3. This act takes effect upon approval by the Governor./
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.
The following Bill was taken up.
H. 4645 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1228o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subarticle 9, Article 11, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-1900. The purpose of this subarticle is to supplement the South Carolina adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department of Social Services as requiring a supplemental benefit to assure adoption.
Section 20-7-1910. This subarticle shall be known and may be cited as the 'South Carolina Adoption Supplemental Benefits Act'.
Section 20-7-1920. As used in this article, "child" means a minor as defined by South Carolina law who is:
(A) a dependent of a public or voluntary licensed child-placing agency,
(B) legally free for adoption, and
(C) in special circumstances whether:
(1) because he has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is deemed in the best interest of the child by the agency to be adopted by the foster parents, or
(2) because he is not likely to be adopted because of one or more of the following handicaps:
(a) Physical or mental disability.
(b) Emotional disturbance.
(c) Recognized high risk of physical or mental disease.
(d) Age.
(e) Sibling relationship.
(f) Racial or ethnic factors.
(g) Any combination of these handicaps.
(1) 'Child' means an individual up to twenty-one years of age;
(2) 'Supplemental benefits' means payments made by the State Department of Social Services to provide services, including medical subsidies for payment for treatment pursuant to Section 20-7-1955, for children who without these services may not have been adopted;
(3) 'Department' means the Department of Social Services.
Section 20-7-1925. In order for a child to be eligible for supplemental benefits the department shall determine that the child legally is free for adoption, the child has been placed for adoption by the department, and one of the following provisions applies to the child:
(1) is a special needs child pursuant to Section 20-7-1650(j);
(2) is at high risk of developing a physical, mental, or emotional disability;
(3) is one for whom other factors, as determined by the department, interfere with the child's ability to be placed for adoption;
(4) has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is considered by the agency to be in the best interest of the child to be adopted by the foster parents.
Section 20-7-1930. The department of Social Services shall establish and administer an ongoing program of supplemental benefits for adoption. Supplemental benefits and services for children under this program must be provided out of funds appropriated to the department of Social Services for the maintenance of children in foster care or made available to them from other sources these purposes.
Section 20-7-1940. Any A child meeting criteria specified in Section 20-7-1920 20-7-1925 for whom the department of Social Services believes supplemental benefits are necessary to improve opportunities for adoption is eligible for the program. The agency shall document that reasonable efforts have been made to place the child in adoption without supplemental benefits through the use of adoption resource exchanges, recruitment, and referral to appropriate specialized adoption agencies.
Section 20-7-1945. The Department of Social Services is directed to conduct a study of the adequacy of medical, shelter, and support services for birth parents and determine what improvements are needed.
Section 20-7-1950. (A) When parents are found and approved for adoption of the department determines that a child certified as is eligible for supplemental benefits, and before the final decree of adoption is issued, there must be executed a written agreement must be executed between the family parents entering the adoption and the department of Social Services.
(B) In individual cases supplemental benefits may commence begin with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child's needs.
(C) The supplemental benefits may be for special services only, or for money payments, and either for a limited period, for a long term, or for any a combination of the foregoing them. The amount of time-limited, long-term supplemental benefits may in no case not exceed that which currently would be currently allowable for the child under foster family care or, in the case of a special service, the reasonable fee for the service rendered.
(D) When supplemental benefits last for more than one year the adoptive parents shall present an annual written certification certify that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on the written certification and investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits must may be extended so long as the continuing need of the child is certified verified and the child is the legal dependent of the adoptive parents.
(E) A child who is a resident of South Carolina when eligibility for supplemental benefits is certified as eligible for supplemental benefits shall remain remains eligible and shall receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter after adoption.
All records regarding the adoption are confidential and may be disclosed only in accordance with existing state law.
Section 20-7-1955. Only certain children who have been certified as eligible for supplemental benefits may receive payments for medical, rehabilitative, or other treatment services under their supplemental benefits certification. To receive these payments, a child shall fall into one of the following categories:
(1) receiving payments for medical, rehabilitative, or other treatment services immediately before adoption for a physical, mental, or emotional condition;
(2) identified before adoption as being at a high risk for developing a physical, mental, or emotional condition in the future; or
(3) with a physical, mental, or emotional condition diagnosed after adoption if the condition existed before adoption but was not recognized or if substantial risk factors for the condition existed before adoption but were not recognized.
Section 20-7-1958. At the time of placement for adoption, the department shall inform in writing the prospective adoptive parents of the:
(1) availability of supplemental benefits;
(2) conditions for which the supplemental benefits are available;
(3) procedure for application for supplemental benefits.
Section 20-7-1960. Any A decision concerning supplemental benefits by the department of Social Services which the placement agency or the adoptive parents consider adverse to the child is reviewable according to the provisions of the agency's administrative procedure department regulations.
Section 20-7-1965. Supplemental benefits may not end solely because the death or disability of the adoptive parents requires placement of the adopted child with another caregiver. The caregiver of the adopted child has the rights and duties imposed on the adoptive parents in this subarticle.
Section 20-7-1970. The department of Social Services shall promulgate regulations to carry out the provisions of this subarticle. The regulations must provide for improvement of data and statistical information collection on placement of children in adoption, increased outreach to birth parents, increased recruitment of adoptive parents for minority and special needs children, incentives to encourage the adoption of minority and special needs children, and increased efforts to encourage foster parent adoption."
SECTION 2. Section 43-7-40 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted.
H. 4767 -- Reps. Corning and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-296 SO AS TO PROVIDE THAT NO MUNICIPALITY WHICH IS A PROVIDER OF WATER OR SEWER SERVICE TO LANDOWNERS, FREEHOLDERS, OR RESIDENTS OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY MAY REQUIRE ANNEXATION, OR AN AGREEMENT TO ANNEX, AS A CONDITION FOR OTHER PERSONS TO RECEIVE THE WATER OR SEWER SERVICE, OR AS A CONDITION FOR TAKING STEPS TO GAIN THESE SERVICES, IF THESE PERSONS ARE NOT THEN RECEIVING THE WATER OR SEWER SERVICE.
The following Bill was taken up.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
Rep. HAYES explained the Bill and moved to adjourn debate upon the Bill until Thursday, April 26, which was adopted.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. KIRSH moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Beasley Blackwell Brown, H. Cooper Corbett Harvin Hodges Kay Kirsh Martin, L. Mattos Nesbitt Nettles Phillips Sharpe Wilder Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Barfield Baxley Bennett Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Corning Davenport Derrick Elliott Faber Fair Farr Ferguson Gentry Glover Gordon Harris, J. Hayes Hendricks Holt Huff Johnson, J.W. Keegan Keesley Keyserling Kinon Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. McAbee McBride McCain McElveen McGinnis McKay McTeer Moss Quinn Rama Rhoad Rogers, J. Rudnick Sheheen Smith Snow Sturkie Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilkes Wilkins Williams, J. Winstead Wright
So, the House refused to adjourn.
Rep. TAYLOR moved that the House recede until 2:00 P.M.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Brown, J. Brown, R. Burriss, M.D. Carnell Cole Cork Faber Ferguson Gentry Keyserling Kohn McAbee McBride McCain Rogers, J. Taylor Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Bennett Blackwell Brown, H. Bruce Burriss, T.M. Chamblee Clyborne Cooper Corbett Corning Davenport Elliott Farr Glover Harris, J. Harvin Hayes Hendricks Holt Huff Jaskwhich Johnson, J.W. Keegan Keesley Kinon Kirsh Klapman Koon Littlejohn Manly Martin, L. Mattos McGinnis McTeer Neilson Nesbitt Nettles Phillips Quinn Rama Rudnick Sheheen Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Wright
So, the House refused to recede until 2:00 P.M.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1318 -- Senator Williams: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO REVISE WHAT THE ARTICLES MUST SET FORTH; TO AMEND SECTION 33-4-101, RELATING TO CORPORATE NAMES, SO AS TO FURTHER PROVIDE FOR THOSE THINGS FROM WHICH A CORPORATE NAME MUST BE DISTINGUISHABLE AND FOR THE EXCEPTIONS TO THESE CORPORATE NAME REQUIREMENTS; TO AMEND SECTION 33-8-310, RELATING TO DIRECTOR OR OFFICER CONFLICTS OF INTEREST, SO AS TO FURTHER PROVIDE FOR THOSE SITUATIONS WHERE A CONFLICT OF INTEREST TRANSACTION IS NOT VOIDABLE BY THE CORPORATION; TO AMEND SECTION 33-15-103, RELATING TO AN APPLICATION BY A FOREIGN CORPORATION FOR A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO REVISE WHAT THE APPLICATION MUST SET FORTH; TO AMEND ARTICLE 7, CHAPTER 19 OF TITLE 33, RELATING TO MISCELLANEOUS REGULATORY PROVISIONS, SO AS TO DELETE CERTAIN REQUIREMENTS FOR DOMESTIC AND FOREIGN PROFESSIONAL CORPORATIONS TO DO BUSINESS IN THIS STATE AND TO DELETE THE REQUIREMENT THAT ANNUAL QUALIFICATION STATEMENTS MUST BE FILED; TO AMEND SECTION 33-20-105, RELATING TO SAVINGS PROVISIONS IN THE CORPORATE CODE, SO AS TO FURTHER PROVIDE FOR THESE SAVINGS PROVISIONS; TO AMEND SECTION 35-2-104, RELATING TO THE DEFINITION OF AN "ISSUING PUBLIC CORPORATION" FOR PURPOSES OF CONTROL SHARE ACQUISITION PROVISIONS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 35-2-213, RELATING TO THE DEFINITION OF "RESIDENT DOMESTIC CORPORATION" FOR PURPOSES OF BUSINESS COMBINATION PROVISIONS, SO AS TO REVISE THIS DEFINITION; AND TO AMEND SECTION 35-2-224, RELATING TO THE APPLICABILITY OF BUSINESS COMBINATION PROVISIONS TO FOREIGN CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY.
S. 931 -- Senators McLeod, Lourie, Nell W. Smith, Mullinax and Hinson: A BILL TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND EXPLOITATION AND SECTION 43-30-100, RELATING TO PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING AND EXPLOITING A CLIENT OR PATIENT.
H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: A BILL TO AMEND SECTION 24-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITNESSES AT AN EXECUTION UNDER THE DIRECTION OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, SO AS TO REVISE THE PROVISIONS PERTAINING TO WHO MAY SERVE AS A WITNESS, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROHIBIT AUDIO RECORDERS, CAMERAS, AND RECORDING DEVICES IN THE CAPITAL PUNISHMENT FACILITY DURING AN EXECUTION.
Rep. WILKINS explained the Bill.
S. 1166 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.
S. 1241 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.
S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.
Rep. MOSS explained the Bill.
Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, May 1, which was adopted.
S. 990 -- Senators Williams and Giese: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO PROVIDE THAT IF A PERSON KEEPS A CHILD OUTSIDE THIS STATE FOR MORE THAN SEVENTY-TWO HOURS IN VIOLATION OF A CUSTODY ORDER, THIS IS NOT PRIMA FACIE EVIDENCE OF AN INTENTIONAL VIOLATION OF THIS SECTION BUT THAT IT IS PERMISSIBLE TO INFER THAT THE PERSON INTENDED TO COMMIT THIS VIOLATION.
The following Bill was taken up.
H. 4736 -- Reps. Washington, Hallman, Mappus, Holt, Winstead and J. Bailey: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWERAGE, AND WASTE DISPOSALS BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR THE LICENSING OF PERSONS ENGAGED IN THE BUSINESS OF INSTALLING OR SERVICING SEPTIC TANKS, TO REQUIRE THESE PERSONS TO MAINTAIN CERTAIN RECORDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1225o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 55, Title 44 of the 1976 Code is amended by adding:
Section 44-55-750. (A) Except as provided in Section 44-55-780, no person shall engage in the business of constructing or cleaning on-site sewage treatment and disposal systems or self-contained toilets unless the person holds a valid license as required by this article, in accordance with regulations established by the Department of Health and Environmental Control.
(B) Applicants applying for and receiving the license required by this article are authorized to construct or to clean on-site sewage treatment and disposal systems or self-contained toilets. The fee for the license is one hundred dollars which must be paid to the department. Licenses are valid for one year from the date of issue unless suspended or revoked and may be renewed annually upon payment of a one hundred dollar fee.
(C) Beginning July 1, 1991, the amount of the initial and annual renewal fees may be set by the department by regulation. Fees collected by the department must be used for administration of the licensing program established by this article.
(D) The expiration of a license due to failure to pay the annual renewal fee shall not constitute a contested case and shall not create a right to a hearing pursuant to the South Carolina Administrative Procedures Act.
Section 44-55-760. Persons licensed to clean on-site sewage treatment and disposal systems, in accordance with Section 44-55-750, shall maintain records of all cleaning and disposal operations as prescribed by the department. These records are subject to inspection by the department during normal business hours or at those times as cleaning vehicles are in operation.
Section 44-55-770. (A) The license of any person who violates this article or regulations pertaining to the proper handling of sewage or septic refuse may be suspended or revoked by the department in a manner prescribed by the Administrative Procedures Act. The license may be immediately suspended by the department pending a hearing if the violation poses an imminent threat to public health or the environment.
(B) Any person who violates the provisions of this article, or any regulation, permit, permit condition, final determination or order of the department is liable for a civil penalty which may be imposed by the department not to exceed ten thousand dollars per day of the violation.
(C) In addition to the civil penalties authorized by subsection (B), any person who wilfully violates the provisions of this article, or any regulation, permit, permit condition, final determination or order of the department is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars or more than ten thousand dollars per day of violation, or by imprisonment for not more than two years, or both.
(D) Each day of noncompliance with any provision of this article, or any regulation, permit, permit condition, final determination or order of the department shall constitute a separate offense.
Section 44-55-780. The provisions of this article do not apply to any person installing or repairing an on-site sewage treatment and disposal system on his own property.
Section 44-55-790. The department may promulgate regulations necessary to effectuate the provisions of this article."
SECTION 2. This act takes effect July 1, 1990./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Reps. PHILLIPS, KIRSH and FABER objected to the Bill.
The following Bill was taken up.
H. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Rep. BAKER explained the Bill and moved to adjourn debate upon the Bill until Thursday, April 26, which was adopted.
The following Bill was taken up.
H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.
Rep. WALDROP proposed the following Amendment No. 1 (Doc. No. 1285o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 16-9-320 of the 1976 Code is amended to read:
"Section 16-9-320. Any A person who knowingly and wilfully:
(a)(1) opposes or resists any a law enforcement officer in serving, executing, or attempting to serve or execute any a legal writ or process or who resists any lawful an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than five hundred dollars nor and not more than one thousand dollars or imprisoned not more than one year, or both;
(b)(2) assaults, beats, or wounds any a law enforcement officer engaged in serving, executing, or attempting to serve or execute any a legal writ or process or who assaults, beats, or wounds such an officer when such the person is resisting any lawful an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than one thousand dollars nor and not more than ten thousand dollars or imprisoned for not more than ten years, or both."/
Renumber sections to conform.
Amend title to conform.
Rep. WALDROP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. BLACKWELL moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4941 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 15, 1990, FOR ITS ANNUAL STATE HOUSE MEETING.
H. 4965 -- Reps. Carnell, McAbee, McLellan, Blanding and Boan: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.
H. 5046 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. MACKEY SCOTT OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5048 -- Reps. Koon, Derrick, Sharpe and Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THE BOARD OF TRUSTEES OF LEXINGTON SCHOOL DISTRICT 1, THE SUPERINTENDENT OF THE DISTRICT, THE SCHOOL PRINCIPAL, AND THE STUDENTS, TEACHERS, STAFF, AND FRIENDS OF THE NEW WHITE KNOLL ELEMENTARY SCHOOL UPON ITS DEDICATION ON APRIL 1, 1990.
H. 5049 -- Aiken Delegation: A CONCURRENT RESOLUTION CONGRATULATING MISS OLA HITT OF AIKEN ON BEING HONORED AS A RECIPIENT OF THE ORDER OF THE PALMETTO.
At 12:20 P.M. the House in accordance with the motion of Rep. WASHINGTON adjourned in memory of Anthony Boyert of Ravenel to meet at 10:00 A.M. tomorrow.
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