Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, to Whom all hearts are open and from Whom no secrets are hidden, keep us from the folly of seeking to deceive You. Make Your servant here in the ministry of public affairs faithful to each challenging duty, loyal to every high claim, responsive to the welfare of Your people. Make of us brave spokesmen of Your will. Teach us to know that without You all is vanity, and life is barren, joyless, robbed of its challenge, dignity and beauty. Because of us, may there come forth light out of darkness, concord out of discord, strength out of struggle, forgiveness out of guilt, faith out of fear.
Use us, Lord, to keep holy Your great Name. 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 Friday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committees for consideration.
Document No. 1237
Promulgated By Department of Health and Environmental Control
Residential Treatment Facilities for Children and Adolescents
Received by Speaker May 8, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date September 5, 1990
Document No. 1238
Promulgated By Department of Health and Environmental Control
Operation of Health Maintenance Organizations
Received by Speaker May 3, 1990
Referred to House Committee on Labor, Commerce and Industry
120 day expiration date August 31, 1990
The following was received.
Columbia, S.C., May 3, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it refused to concur in the amendments proposed by the House to S. 467 and now concurs:
S. 467 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
May 7, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 5044, R-548, an Act:
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.
This veto is based upon an opinion of the Attorney General's Office dated May 3, 1990, which states in concluding:
"Act No. 916 of 1970 created the Boiling Springs Fire District in Greenville County. The service area is described in Section 1 of that act as that area of Greenville County as shown on a plat filed with the Greenville County Register of Mesne Conveyances. The act bearing ratification number 548 of 1990 would amend Act No. 916 of 1970 to authorize the District's Board of Fire Control to employ firemen in addition to selecting volunteer firemen. Thus, H. 5044, R-548 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 5044, R-548, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
May 3, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of May 1, 1990, you have asked for the opinion of this Office as to the constitutionality of H. 5044, R-548, an act authorizing the Boiling Springs Fire District in Greenville County to employ firemen in addition to selecting volunteer firemen. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
Act No. 916 of 1970 created the Boiling Springs Fire District in Greenville County. The service area is described in Section 1 of that act as that area of Greenville County as shown on a plat filed with the Greenville County Register of Mesne Conveyances. The act bearing ratification number 548 of 1990 would amend Act No. 916 of 1970 to authorize the District's Board of Fire Control to employ firemen in addition to selecting volunteer firemen. Thus, H. 5044, R-548 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted."
Acts similar to H. 5044, R-548 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that H. 5044, R-548 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Blackwell Fair Fant Haskins Manly Mattos Vaughn Wilkins
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 3, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Pope, McConnell and Passailaigue of the Committee of Free Conference on the part of the Senate on S. 946:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
Very respectfully,
President
No. 126
Received as information.
Rep. LIMEHOUSE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Barfield Baxley Beasley Blackwell Blanding Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Cooper Corbett Corning Derrick Fair Farr Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harrison Hayes Hodges Holt Huff Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, D. Mattos McAbee McBride McCain McGinnis McLeod McTeer Moss Neilson Nesbitt Phillips Rama Sharpe Sheheen Short Smith Snow Stoddard Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkins Williams, D. Williams, J. Winstead Wofford
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. LIMEHOUSE, DERRICK and GENTRY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 29-15-90 of the 1976 Code, as last amended by Act 140 of 1987, is further amended to read:
"Section 29-15-90. (A) When any Except as otherwise provided in this section, when personal property has been left at any a laundry, dyer, dry cleaning establishment, or retail store, or any other establishment for the purpose of storage, cleaning, dry cleaning, dyeing, washing, alteration, or repairs and is not called for within a period of one hundred twenty days thereafter six months and the charges paid in full, the dyer, laundry, dry cleaning establishment, or retail store may sell dispose of the property after having advertised the time and place of the sale by posting a notice in writing at least fifteen days before the sale in three public places in the county in which the personal property is found, one of which must be the courthouse door, or publishing the notice at least two weeks in a newspaper published in the county in which the goods are located; provided, that notice must first have been sent by first-class mail to the last-known address of the person, his agent, or employee, who left the goods at the establishment. The advertisement also must contain the amount due, the name of the owner (if not known, this fact must be stated), and a brief description of the property by whatever means it chooses. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months. If notice is not given upon delivery, the property must not be disposed of until after twelve months.
(B) Except as otherwise provided in this section, when personal property has been left at a laundry, dry cleaning establishment, retail store, or any other establishment for the purpose of storage and is not called for within six months and thirty days and the charges paid in full, the establishment may dispose of the property by whatever means it chooses. Notice first must have been sent by certified mail to the last-known address of the person, his agent, or employee, who left the goods at the establishment thirty days before disposal. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months and thirty days. If notice is not given upon delivery, the property must not be disposed of until after twelve months and thirty days and until after notice by certified mail pursuant to this subsection.
(C) If the property is insured through the establishment, the time periods provided for in this section do not begin to run until the insurance expires."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Glenn F. McConnell Larry E. Gentry Thomas H. Pope, III Paul W. Derrick Ernest L. Passailaigue, Jr. Thomas A. Limehouse On Part of the Senate. On Part of the House.
Rep. L. MARTIN moved to adjourn debate upon the Report, which was adopted.
The following was received.
Columbia, S.C., May 3, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3632:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Very respectfully,
President
No. 129
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-33-210 of the 1976 Code is amended to read:
"Section 40-33-210. There is created the State Board of Nursing to be composed of seven nine members, one of whom shall. One must be a lay member from the State at large four of whom shall, six must be registered nurses, and two of whom shall must be licensed practical nurses representing two regions of the State as provided in this section. One registered nurse shall represent each congressional district, one licensed practical nurse shall represent Region I shall include which includes Congressional Districts 1, 2, and 3, and one licensed practical nurse shall represent Region II shall include which includes Congressional Districts 4, 5, and 6. In each of these regions there shall be two registered nurses and one licensed practical nurse. Representation within the of the licensed practical nurse in each region shall rotate as follows: In Region I the licensed practical nurse representation shall rotate from District 1 through 3 rotates from each district in successive terms. Two registered nurse appointees shall represent the remaining two districts in Region I. In Region II the licensed practical nurse representative shall rotate from District 4 through 6 in successive terms. Two registered nurse appointees shall represent the remaining two districts in Region II.
Board members shall have the following qualifications: the Registered Nurses Registered nurse and Licensed Practical Nurses shall licensed practical nurse members must be currently licensed in South Carolina, shall be currently must be employed, shall must have had at least three years of practice in their respective profession immediately preceding their appointment, and shall reside in the district they represent. Lay members shall A lay member must not be licensed or employed as a health care provider but shall represent the public at large as a consumer of nurse services. No member shall may serve as an officer of a professional health related state association.
The terms of the members shall be are for six four years and until successors are appointed and qualify. No member will be allowed successive may serve more than two consecutive terms. All members of the Board shall must be appointed by the Governor.
Any An individual, group, or association may nominate qualified individuals and submit them to the Governor for his consideration. The Board board shall publish widely in the State and appropriate districts notice of all pending board vacancies to the Board. Vacancies shall must be filled for any the unexpired portion of a term by appointment of the Governor.
The Governor may remove any member of the Board a member who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member shall may be removed without first giving him an opportunity to refute the charges filed against him. He shall must be given a copy of the charges at the time they are filed."
SECTION 2. The members of the State Board of Nursing serving on this act's effective date continue to serve until the expiration of their terms and until their successors are appointed and qualify as provided in Section 40-33-210 of the 1976 Code, as amended in Section 1 of this act. The terms of members appointed to fill terms that have expired on or before this act's effective date are six years and must be determined from the expiration date. Members appointed to a term which expires after this act's effective date or to a term created by this act must be appointed for four years to expire on December 31 of the appropriate year. Members serving on this act's effective date are eligible for appointment to a new term.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Peden B. McLeod Michael L. Fair Harvey S. Peeler, Jr. Ralph Davenport, Jr. James E. Bryan, Jr. Frank E. McBride On Part of the Senate. On Part of the House.
Rep. FAIR explained the Report.
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 4927 -- Reps. Kay, Carnell and Townsend: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.
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 sent to the House the following:
S. 1587 -- Senators Giese, Lourie, Patterson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS ASHLEY CURRY OF COLUMBIA IN RICHLAND COUNTY UPON BEING SELECTED AS THE SOUTH CAROLINA WINNER IN THE EIGHTH ANNUAL KENTUCKY FRIED CHICKEN/GOOD HOUSEKEEPING "ALL-AMERICAN SALUTE TO MOTHER" NATIONAL GREETING CARD CONTEST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 1585 -- Senators Williams and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.
On motion of Rep. BENNETT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5084 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 30, 1991.
On motion of Rep. CORNING, with unanimous consent, the Joint Resolution 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, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 8, 1990.
Joseph T. McElveen James C. Johnson Tee Ferguson Holly A. Cork
LEAVES OF ABSENCE
The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the week.
The SPEAKER granted Rep. JASKWHICH a leave of absence for the day, to attend his son's graduation.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, May 15, which was adopted.
H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
Rep. McABEE moved to adjourn debate upon the following Joint Resolution until Thursday, May 10, which was adopted.
H. 5004 -- Reps. Washington, McLellan, Winstead, Kirsh, H. Brown, Rama, D. Martin, Kohn, Wofford, J. Bailey, Hallman, Whipper, G. Bailey, Barber, Mappus, Limehouse, D. Williams and J. Williams: A JOINT RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE EVERY TRAILER AND SEMITRAILER, RATHER THAN JUST THOSE OVER THREE THOUSAND POUNDS OF GROSS WEIGHT, TO HAVE CERTAIN LIGHTING EQUIPMENT, INCLUDING A STOP LIGHT.
H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.
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. 1523 -- Finance Committee: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
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.
The following Bill was taken up.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
The motion of Rep. BARBER to reconsider the vote whereby the Bill was given a second reading was taken up.
Rep. BARBER moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time, and ordered returned to the Senate with amendments.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, May 10, which was adopted.
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.
The following Bill was taken up.
H. 4923 -- Reps. Felder and Harvin: 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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 2, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. DAVENPORT explained the amendment.
Rep. McLEOD raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement attached.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 3, by the Committee on Judiciary.
Rep. HAYES moved to table the amendment, which was agreed to.
Rep. BAXLEY moved to adjourn debate upon the Bill until Wednesday, May 9, which was adopted.
The following was received.
Columbia, S.C., May 8, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. BLACKWELL the invitation was accepted.
Rep. BLACKWELL moved that upon the completion of the Ratification of Acts, that the House stand adjourned, which was agreed to.
The following Bill was taken up.
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. RUDNICK proposed the following Amendment No. 3 (Doc. No. 1376o), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 56-3-1960(1) of the 1976 Code is amended to read:
"(1) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege a vehicle must display a distinguishing license plate which must be issued by the department for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department, and applicants may apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article, and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a licensed physician's certificate, as required by this subsection."/
Renumber sections to conform.
Amend title to conform.
Rep. WILDER moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 5 (Doc. No. 1441o), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by inserting immediately after /years./ on line 25 of page 1 the following: /The placards must be of a color as determined by the Department which is easily recognizable by law enforcement personnel. The placard shall indicate on its face when it expires./
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 6 (Doc. No. 1793X), which was tabled.
Amend the bill, as and if amended, in SECTION 1, by inserting immediately after/years./ on line 25 of page 1: /When a permanent disabled person reapplies for a placard and has previously received a Doctor's statement or record attesting to the disability, no Doctor's statement or record is necessary./
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WILDER moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 30 to 18.
Further proceedings were interrupted by the Ratification of Acts the pending question being consideration of amendments to the Bill.
At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R560) S. 467 -- Senator Drummond: AN ACT TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.
(R561) S. 689 -- Senator McLeod: A JOINT RESOLUTION TO CREATE THE HEALTH BENEFIT PLAN DEMONSTRATION PROJECT TO DEVELOP AND TEST MODELS FOR PROVIDING HEALTH INSURANCE COVERAGE TO SOUTH CAROLINIANS WHO CURRENTLY ARE UNINSURED; CREATE THE HEALTH BENEFIT PLAN DEMONSTRATION COUNCIL AND PROVIDE FOR IT TO ASSIST AND ADVISE THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ON THE PROJECT; PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION; EXEMPT THE PROJECT FROM CODE PROVISIONS AND REGULATIONS RELATING TO INSURANCE AND FUNDING; AND PROVIDE FOR THE PROJECT'S TERMINATION.
(R562) S. 1114 -- Banking and Insurance Committee: AN ACT 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 AND TO DEFINE THE WIND AND HAIL UNDERWRITING ASSOCIATION AND ITS MEMBERSHIP EXEMPTIONS.
(R563) S. 990 -- Senators Williams and Giese: AN ACT 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.
(R564) S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: AN ACT TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.
(R565) S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: AN ACT 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.
(R566) H. 4807 -- Ways and Means Committee: AN ACT TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, 44-2-110, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH CERTAIN COSTS AND EXPENSES MAY BE PAID FROM THE SUPERB ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE CERTAIN TANK REGISTRATION FEES AND REGISTRATION REQUIREMENTS, TO FURTHER PROVIDE FOR THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, AND TO REVISE THE DURATION OF CERTAIN PROVISIONS OF THIS ACT.
(R567) 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: AN ACT 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".
(R568) H. 4267 -- Rep. Wilkins: AN ACT TO AMEND SECTION 20-7-1825, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF ADULT PERSONS, SO AS TO PROVIDE THAT THE PETITION FOR ADOPTION MUST BE FILED WITH THE FAMILY COURT, RATHER THAN THE COURT OF COMMON PLEAS OR "COURT HAVING CONCURRENT JURISDICTION"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO GRANT THE COURT EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS FOR, AND RELATED TO, THE ADOPTION OF ADULTS.
(R569) H. 4209 -- Rep. J.W. Johnson: AN ACT TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.
(R570) H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: AN ACT 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.
(R571) H. 4480 -- Rep. Moss: AN ACT TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.
(R572) H. 4403 -- Rep. Smith: AN ACT TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.
(R573) H. 4831 -- Reps. Wilkins, Baxley, Harwell, Hodges, Huff and Hayes: AN ACT TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF CRIME VICTIM AWARDS, SO AS TO AUTHORIZE THE PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS FOR THE NUMBER OF SESSIONS WITHIN THE NINETY-DAY PERIOD OR FIFTEEN SESSIONS, WHICHEVER IS GREATER.
(R574) H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.
(R575) H. 3130 -- Rep. McEachin: AN ACT TO AMEND SECTION 40-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELICENSING AND REREGISTRATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO REVISE THE LICENSE FEES WHICH MAY BE CHARGED BY THE STATE BOARD OF DENTISTRY FOR CERTAIN YEARS, TO REVISE REQUIRED DATES OF REREGISTRATION, AND TO PROVIDE FOR A MONETARY PENALTY FOR LATE REREGISTRATION.
(R576) H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: AN ACT 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, PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED, PROVIDE FOR THE EFFECTIVENESS OF THE INSTRUMENT EXECUTING THE POWER, AND CHANGE THE REFERENCE TO INTESTATE'S ESTATE TO A PROTECTED PERSON'S ESTATE.
At 12:58 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:21 P.M.