Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty and eternal God Whose Word is for all and Whose blessings never fail, keep us true to the best we know that we may be unafraid or unashamed to look into Your face. When we are inclined to doubt, steady our faith; when we are tempted, make us strong to resist; when we miss Your plans and purposes, give us the determination to try again. Be and abide with us throughout this day that even in despair and difficulty, we find courage and ability for new resolutions as into Your hands we commit our ways.
To You, gracious Lord, we pour out our hearts in praise and thanksgiving. 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 question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., June 4, 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. 1485:
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Moore and Setzler of the Committee of Free Conference on the part of the Senate on H. 4800 and H. 4802:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Very respectfully,
President
No. 088
Received as information.
On motion of Rep. J. ROGERS the House non-concurred in the Senate amendments to the following Concurrent Resolution, and a message was ordered sent to the Senate accordingly.
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
The Senate returned to the House with amendments the following:
H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
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.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5161 -- Reps. Barfield, McLeod, Bennett, Harvin, McKay, Harwell, G. Brown, Rhoad, Keegan, J. Rogers and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO INCLUDE IN THE 1990 FARM BILL A HOMESTEAD PROTECTION PROVISION WHEREBY FARMERS AND THEIR SPOUSES WHO ARE AT LEAST SIXTY YEARS OLD AND WHOSE DEBT RESTRUCTURING PLANS LEAVE NO REASONABLE ALTERNATIVE BUT FORECLOSURE OR HOMESTEAD PROTECTION WOULD BE OFFERED HOMESTEAD PROTECTION AS DEFINED IN THE 1987 AGRICULTURAL CREDIT ACT (THE HOUSE AND UP TO TEN SURROUNDING ACRES) AND THAT THIS HOMESTEAD PROTECTION BE PUT IN THE FORM OF A LIFE ESTATE FOR THE FARMER AND HIS SPOUSE.
On motion of Rep. BARFIELD, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 5161 -- Reps. Barfield, McLeod, Bennett, Harvin, McKay, Harwell, G. Brown, Rhoad, Keegan, J. Rogers and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO INCLUDE IN THE 1990 FARM BILL A HOMESTEAD PROTECTION PROVISION WHEREBY FARMERS AND THEIR SPOUSES WHO ARE AT LEAST SIXTY YEARS OLD AND WHOSE DEBT RESTRUCTURING PLANS LEAVE NO REASONABLE ALTERNATIVE BUT FORECLOSURE OR HOMESTEAD PROTECTION WOULD BE OFFERED HOMESTEAD PROTECTION AS DEFINED IN THE 1987 AGRICULTURAL CREDIT ACT (THE HOUSE AND UP TO TEN SURROUNDING ACRES) AND THAT THIS HOMESTEAD PROTECTION BE PUT IN THE FORM OF A LIFE ESTATE FOR THE FARMER AND HIS SPOUSE.
Whereas, debt restructuring for farmers sixty years and older under the 1987 Agricultural Credit Act is producing farm plans that will require these senior citizen farmers to work their farms at full production for the rest of their lives or take Homestead Protection (from Farmers Home Administration) requiring expensive lease arrangements and future buyouts when these farmers are even older; and
Whereas, the younger generations of these farm families have been forced to leave the farm for better salaries in order to support their families and cannot take over the family farm as has been the practice in past generations; and
Whereas, many senior citizen farmers suffer some health impairments from long years of hard physical work with no health insurance or other means to properly care for their health making it impossible to do the work required in the restructuring agreements; and
Whereas, it is less expensive to the government and to taxpayers to leave these senior citizen farmers on their land and in their homes where they can raise their own food and have the means to grow something for sale thereby providing some income, than to displace these farmers by foreclosure or liquidation forcing them onto welfare and other social programs for the poor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly memorialize Congress to include in the 1990 Farm Bill a Homestead Protection provision whereby farmers and their spouses who are at least sixty years old and whose debt restructuring plans leave no reasonable alternative but foreclosure or Homestead Protection would be offered Homestead Protection as defined in the 1987 Agricultural Credit Act (the house and up to ten surrounding acres) and that this Homestead Protection be put in the form of a life estate for the farmer and his spouse.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5170 -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE THE AYNOR HIGH SCHOOL GIRLS' SOFTBALL TEAM FOR WINNING THE CLASS A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5171 -- Reps. Mappus, J. Bailey, Barber, Hallman, Holt, Kohn, D. Martin, Rama, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE 1990 CITADEL BULLDOG BASEBALL TEAM AND COACH CHAL PORT FOR THEIR MAGNIFICENT SEASON AND FOR EARNING A PLACE IN THE COLLEGE WORLD SERIES, AND TO WISH THE TEAM AND COACHES THE BEST OF LUCK DURING THE COLLEGE WORLD SERIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5172 -- Reps. Blanding, McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM BAKER SANDERS, SR., OF SUMTER COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5173 -- Rep. Cole: A CONCURRENT RESOLUTION CONGRATULATING THOMAS M. STOKES OF SPARTANBURG COUNTY, PRINCIPAL OF PINE STREET ELEMENTARY SCHOOL, ON BEING SELECTED AS THE 1990 RECIPIENT OF THE "NATIONAL DISTINGUISHED PRINCIPAL" AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1633 -- Senators Setzler, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOMAS H. ACKERMAN OF COLUMBIA FOR HIS MANY ACCOMPLISHMENTS WHILE SERVING AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1634 -- Senators Mullinax, Macaulay and O'Dell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE M. J. "DOLLY" COOPER OF PIEDMONT IN ANDERSON COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, UPON HIS RETIREMENT FROM THE HOUSE.
Whereas, the members of the General Assembly have learned with deep regret that one of the most delightful members of the House of Representatives, Representative M. J. "Dolly" Cooper of Piedmont, will be retiring from the House this year; and
Whereas, Dolly Cooper first began serving in the House in 1975 and has represented the people of his district and Anderson County well since this time; and
Whereas, as a successful businessman and department store owner, he brought to his duties, as a public official considerable insight into the problems confronting the private sector in South Carolina; and
Whereas, throughout his tenure in the House, Dolly's friendly and courteous manner and demeanor endeared him to his colleagues in the Anderson Delegation, in the Medical, Military, Public and Municipal Affairs Committee of which he is a member, and in the General Assembly as a whole; and
Whereas, the members of the General Assembly, by this resolution, on behalf of the people of his district, of Anderson County, and of the State of South Carolina would like to extend to him their thanks for an exceptional career of public service as a member of the House of Representatives and wish to him Godspeed in all his future endeavors. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby commend the Honorable M. J. "Dolly" Cooper of Piedmont in Anderson County, for his distinguished service as a member of the House of Representatives, upon his retirement from the House.
Be it further resolved that a copy of this resolution be forwarded to Representative Dolly Cooper.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5174 -- Reps. Hendricks, L. Martin, Mattos and Beasley: A CONCURRENT RESOLUTION TO CONGRATULATE OUR DISTINGUISHED COLLEAGUE THE HONORABLE EDWARD W. "ED" SIMPSON, JR., OF PICKENS COUNTY FOR HIS CONTRIBUTIONS TO THE GENERAL ASSEMBLY OVER HIS LONG CAREER ON THE OCCASION OF HIS RETIREMENT.
Whereas, the members of the General Assembly have learned, after completing his current term, our colleague The Honorable Edward W. "Ed" Simpson, Jr., has decided not to seek another term as a member of the House of Representatives for Pickens County District No. 3; and
Whereas, Mr. Simpson has, for sixteen years, faithfully served the people of his district with honor and a conscientious work ethic; and
Whereas, the members of the General Assembly regret that Ed is leaving and want to express to him how much his service and contribution have meant to this body; and
Whereas, Ed has gained fame but not fortune from his dogged determination to pass a "bottle bill"; and
Whereas, "obstinate Ed", as he has become known because of his objections to unanimous consent requests still clinging to the hope that his "bottle bill" may be revived; and
Whereas, Ed has become a strong advocate for highway safety and his input has been invaluable in the discussions on this subject, both in committee and on the floor; and
Whereas, with his retirement Ed will get a chance to hone his golf game where on the links he is known as "Easy Ed"; and
Whereas, it is with much anticipation that soon Ed Simpson will be shooting his age on the golf course; and
Whereas, the members of the General Assembly wish for him and his lovely wife, Maureen, every happiness in the years ahead. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate their distinguished colleague The Honorable Edward W. "Ed" Simpson, Jr., of Pickens County for his contributions to the members over his long career on the occasion of his retirement.
Be it further resolved that a copy of this resolution be forwarded to The Honorable Edward W. "Ed" Simpson, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5175 -- Reps. Phillips, L. Martin, Carnell, Moss, Nesbitt, Cole, Davenport, Littlejohn, Lanford, McGinnis, Bruce, Wells and Farr: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTAN MILLS IN SPARTANBURG COUNTY AND THE MONTGOMERY FAMILY WHICH FOUNDED THIS COMPANY ON ITS ONE HUNDREDTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5176 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM E. CRAVER, JR. OF CHARLESTON FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY, UPON HIS RETIREMENT FROM THE AUTHORITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5177 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD J. DUKES FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY, UPON HIS RETIREMENT FROM THE AUTHORITY.
Whereas, the members of the General Assembly have learned that the Honorable Harold J. Dukes will be retiring from the Charleston County Aviation Authority after four years of service; and
Whereas, during his tenure on the Aviation Authority, he has served in several key capacities including being chairman of the Operations Committee, and assistant secretary and vice-chairman of the Authority; and
Whereas, he is a successful businessman through his activities as a general contractor and building inspector and the knowledge gained in these endeavors served him well in discharging the duties of his public office; and
Whereas, he is a native of Charleston and throughout his adult life has been an active civic, political, church, and community leader in Charleston who has served his community well in many varied capacities; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank Harold J. Dukes for his outstanding service as a member of the Charleston County Aviation Authority, upon his retirement from the Authority. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Harold J. Dukes for his distinguished service as a member of the Charleston County Aviation Authority, upon his retirement from the Authority.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Harold J. Dukes.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5178 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MS. TANDRA LEE HATFIELD OF BISHOPVILLE, LEE COUNTY, ON GRADUATING SUMMA CUM LAUDE FROM COLUMBIA COLLEGE WITH A PERFECT 6.0 GRADE POINT AVERAGE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1632 -- Senators Lee, Russell and Horace C. Smith: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION RELATIVE TO THE VOLUNTEER FIRE DEPARTMENTS OF SPARTANBURG COUNTY ON THE SPARTANBURG COUNTY COUNCIL.
Referred to Spartanburg Delegation.
Rep. COOPER made a statement relative to his retirement from the House.
Reps. FOSTER, CHAMBLEE, NESBITT, TOWNSEND, KAY, TUCKER and G. BROWN made statements relative to Rep. COOPER'S retirement from the House.
Rep. SIMPSON made a statement relative to his retirement from the House of Representatives.
Rep. HENDRICKS made a statement relative to Rep. SIMPSON'S retirement from the House.
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. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Elliott Faber Fair Fant Farr Foster Gentry Glover Gregory Hallman Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford 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 Sheheen Short Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on June 5, 1990.
Thomas A. Limehouse Gene Stoddard Joe Wilder Paul Derrick Roland S. Corning Charles Sharpe B.J. Gordon Joseph T. McElveen John G. Felder Alex Harvin, III Jean L. Harris
STATEMENT OF ATTENDANCE
Rep. HOLT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, June 4.
Announcement was made that Dr. Stephanie Smith-Phillips of Mt. Pleasant and Dr. Louis E. Costa of Charleston are the Doctors of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5160 -- Rep. Carnell: A BILL TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5169 -- Rep. Gentry: A BILL TO AMEND ACT 1015 OF 1970, RELATING TO THE SALUDA COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE THE MEMBERSHIP FROM FIVE TO SEVEN.
S. 1620 -- Senator Pope: A BILL TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.
S. 1374 -- Senator Drummond: A BILL TO AMEND SECTION 48-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that H. 5169 be read the third time tomorrow.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that S. 1620 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
The following Bill was read the third time, passed and, 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.
S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.
The following Bill was taken up.
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.
The motion of Rep. NEILSON to reconsider the vote whereby the Bill was given a second reading was taken up and agreed to.
The motion of Rep. NEILSON to reconsider the vote whereby Amendment No. 3 was adopted was taken up and agreed to.
Rep. NEILSON moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that S. 981 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 5149 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT FACILITY LOCATION STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. FARR objected to the Joint Resolution.
The following Bill was taken up.
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1730o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-455. Beginning with the 1990-91 school year, all public school students, commencing with grades kindergarten through and including high school, shall during the course of each school day's activities at a specific time which must be designated by the local school board say the Pledge of Allegiance as follows:
'I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.'
Any person not wishing to say the 'Pledge of Allegiance' or otherwise participate in saying the 'Pledge of Allegiance' is exempt from participation and may not be penalized for failing to participate.
A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his non-participation in any form which does not materially infringe upon the rights of other persons or disrupt school activities."/
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
Rep. WHIPPER proposed the following Amendment No. 2 (Doc. No. 2133X), which was tabled.
Amend the bill, as and if amended, by adding at the end of Section 1:
/Only the official flags of the United States and the State of South Carolina may be displayed during the Pledge of Allegiance./
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. DAVENPORT raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.
The SPEAKER stated that it was germane to the Bill and he overruled the Point of Order.
Rep. LIMEHOUSE moved to table the amendment.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baker Barfield Beasley Bennett Blackwell Boan Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Davenport Fair Farr Hallman Harrison Harwell Hayes Hendricks Hodges Huff Jaskwhich Kay Keegan Kinon Klapman Lanford Limehouse Littlejohn Mappus Martin, L. Mattos McAbee McGinnis McKay Moss Nesbitt Nettles Quinn Rama Sheheen Simpson Sturkie Townsend Tucker Vaughn Wells Wilkins Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Bailey, K. Baxley Blanding Brown, R. Elliott Faber Fant Foster Gentry Glover Gordon Harris, P. Holt Johnson, J.W. Keesley Keyserling Manly Martin, D. McBride McEachin McTeer Rogers, J. Rogers, T. Rudnick Snow Stoddard Taylor Waites Waldrop Washington Whipper White Wilkes Williams, D.
So, the amendment was tabled.
Rep. HASKINS proposed the following Amendment No. 3, which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-455. Beginning with the 1990-91 school year, all public school students, commencing with grades kindergarten through and including high school, shall during the course of each school day's activities at a specific time which must be designated by the local school board say the Pledge of Allegiance as follows:
'I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.'
Any person not wishing to say the 'Pledge of Allegiance' or otherwise participate in saying the 'Pledge of Allegiance' is exempt from participation and may not be penalized for failing to participate.
A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his non-participation in any form which does not materially infringe upon the rights of other persons or disrupt school activities."/
Amend title to conform.
Reps. TAYLOR and McBRIDE proposed the following Amendment No. 4 (Doc. No. 1810o), which was ruled out of order.
Amend the bill, as and if amended, by inserting an appropriately numbered section after SECTION 1 to read:
/SECTION _____. The Pledge of Allegiance must be made only to the flags of the United States of America and the State of South Carolina in the House of Representatives and Senate chambers of the General Assembly and in the buildings located on the State Capitol Complex./
Renumber sections to conform.
Amend title to conform.
Rep. TAYLOR moved to adjourn debate upon the Bill until Wednesday, June 6, which was rejected by a division vote of 35 to 50.
Rep. L. MARTIN raised the Point of Order that Amendment No. 4 was out of order as it was not germane to the Bill in that the Bill, as amended at present, provided for the "Pledge of Allegiance" being said by children in public schools and that the Amendment was directed at members of the South Carolina General Assembly.
Rep. TAYLOR argued contra the Point.
SPEAKER SHEHEEN stated that the Bill dealt with the recitation of the "Pledge of Allegiance" in public schools and nothing else. He further stated that a previous amendment, No. 2, was germane because it did not restrict the "Pledge of Allegiance" outside the public schools. He further stated that this Amendment targeted what took place inside the House of Representatives and inside the Senate, and the Constitution specifically provided that the House and the Senate were the sole judges of what happened inside the Chambers, both members and rules. He further stated an Amendment had to be germane to the main Bill and he sustained the Point of Order and ruled the Amendment out of order.
Reps. WHIPPER, McBRIDE, TAYLOR and GLOVER objected to the Bill.
The following Bill was taken up.
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc. No. 1988X), which was rejected.
Amend the bill, as and if amended, page 5, lines 14 through 19, by striking Section 24-13-1590, as contained in SECTION 1 of the bill, and inserting:
/Section 24-13-1590. Nothing in this article (1) applies to a person, regardless of age, who violates the illicit narcotic drugs and controlled substances laws of this State or (2) diminishes the lawful authority of the courts of this State, the Department of Youth Services, or the Board of Probation, Parole and Pardon Services to regulate or impose conditions for probation or parole."/
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. J. BAILEY spoke against the amendment and moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 31 to 31.
The question then recurred to the adoption of the amendment, which was rejected.
Reps. LIMEHOUSE and DAVENPORT objected to the Bill.
The following Bill was taken up.
S. 543 -- Senators Horace C. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-1075, SO AS TO ALLOW A SELLER TO CONVEY A SUBDIVISION LOT PURSUANT TO A PLAT UNAPPROVED BY THE APPROPRIATE PLANNING COMMISSION AND UNRECORDED IN THE APPROPRIATE OFFICE BY MEANS OF A CONDITIONAL SALES CONTRACT VOIDABLE BY THE PURCHASER IF THE PLAT IS NOT APPROVED AND RECORDED WITHIN ONE YEAR OF THE EXECUTION OF THE CONTRACT AND IF THE CONSIDERATION OF THE CONDITIONAL SALE IS HELD IN ESCROW IN A FEDERALLY INSURED ACCOUNT IN A FINANCIAL INSTITUTION PENDING TIMELY APPROVAL AND RECORDING OF THE PLAT AND SUBJECT TO RETURN OF THE CONSIDERATION TO A PURCHASER WHO VOIDS THE CONTRACT ON THE SELLER'S FAILURE TO MEET THE APPROVAL AND RECORDING TIME LIMIT; AND TO AMEND SECTION 6-7-1080, RELATING TO THE OFFENSE OF SELLING LOTS BY REFERENCE TO AN UNAPPROVED AND UNRECORDED PLAT, SO AS TO EXEMPT FROM THE OFFENSE LOTS SOLD PURSUANT TO THE CONDITIONAL SALES CONTRACT AUTHORIZED IN SECTION 6-7-1075 AS ADDED BY THIS ACT.
Rep. McEACHIN objected to the Bill.
The following Bill was taken up.
S. 907 -- Senator Moore: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR AUTOMOBILE INSURERS TO WRITE COVERAGE FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE AND SMALL COMMERCIAL RISKS, SO AS TO REQUIRE NOTICES OF CANCELLATION TO STATE IN BOLD TYPE THE COMPULSORY AUTOMOBILE LIABILITY AND UNINSURED MOTORIST INSURANCE REQUIREMENT OF THE LAWS OF THIS STATE AND THE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE NOTICE LANGUAGE TO BE PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSION.
Reps. R. BROWN, LIMEHOUSE and G. BAILEY objected to the Bill.
The following Bill was taken up.
S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1776o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-3-1230 of the 1976 Code is amended to read:
"Section 56-3-1230. License plates shall must be at least six inches wide and not less than twelve inches in length and shall must show in bold characters the year of registration, serial number, and either the full name or the abbreviation of the name of the State and such other distinctive markings as in the judgment of the department may be deemed consider advisable, so as to indicate the class of the weight of the vehicle for which the license plate was issued. The plate shall must be of such a strength and quality that the plate shall to provide a minimum service period of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate but at least every six years. Every five years a new license plate shall be provided by the Department for issuance, except that license License plates issued for vehicles in excess of twenty-four twenty-six thousand pounds shall must be issued annually and no revalidation sticker shall may be issued for such the plates, provided that license plates issued in the year 1976 shall be retained by the owner and shall continue to be valid for an additional two (2) years upon the issuance of a revalidation sticker which shall be affixed thereto.
The face of the license plate to be displayed shall must be treated completely with a retroreflective material which will increase increases the night-time nighttime visibility and legibility of the plate. The department, through its engineering and safety facilities, shall prepare the specifications which such for the retroreflective material shall meet.
In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing, including fees for personalized or special license plates."
SECTION 2. Section 56-3-2150 of the 1976 Code is amended to read:
"Section 56-3-2150. The Department of Highways and Public Transportation may issue special motor vehicle license plates to members of municipal and county councils and to county coroners of this State for private motor vehicles registered in their names. The annual fee for these special license plates is the same as the fee provided for in Section 56-3-2020 and only one plate may be issued to any one councilman or coroner. The plate must be issued or revalidated annually for the regular registration and licensing year."
SECTION 3. Section 56-3-2170 of the 1976 Code is amended to read:
"Section 56-3-2170. The 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 to and approved by the department. It is unlawful for any person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a plate ceases to be a member of the municipal or county council or ceases to be county coroner he shall immediately return the plate to the department."
SECTION 4. Section 56-3-3710 of the 1976 Code, as last amended by Part II, Section 16, Act 170 of 1987, is further amended to read:
"Section 56-3-3710. (A) The Department of Highways and Public Transportation may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of 5,000 pounds or less and a gross weight of 8,000 pounds or less registered in their names which may have imprinted on the plate any emblem, seal, or other symbol the department considers appropriate of a public college or university, or independent institution of higher learning defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is twenty thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. Each fund must be administered by the school and must be used only for academic scholarships. Funds collected for state colleges and universities must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is based on the total number of special license plates sold and on the number sold for the respective school as follows:
(1) one thousand or less total special license plates sold: twenty-six dollars to the department and nine dollars to the school for each special license plate sold for the respective school;
(2) more than one thousand and less than two thousand total special license plates sold: twenty-one dollars to the department and fourteen dollars to the school for each special license plate sold for the respective school;
(3) two thousand or more total special license plates sold: fifteen dollars to the department and twenty dollars to the school for each special license plate sold for the respective school.
(C) The department must receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school."
SECTION 5. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-3950. The department may issue a special commemorative 'Keep South Carolina Beautiful' motor vehicle license plate to establish a special fund to be used by the department for the purposes of beautifying the state's roads and highways. The department, in implementing this program, may not expend beautification funds for wildflowers without prior approval of the South Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a proposed project. The annual fee for the commemorative license plate is twenty-seven dollars each year and of this amount twelve dollars of this fee must be placed in a special 'Keep South Carolina Beautiful' fund. This annual fee is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates, and must be imprinted with the words 'Keep South Carolina Beautiful'. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued.
Section 56-3-3960. A special 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 therefor and approved by the department. It is unlawful for any person to whom such a commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the department.
Section 56-3-3970. 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 thereto."
SECTION 6. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5910. An owner of a motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:
(1) was a member of the United States Armed Forces on December 7, 1941;
(2) was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and
(3) received an honorable discharge from the United States Armed Forces.
Section 56-3-5920. The Department of Highways and Public Transportation shall design a Pearl Harbor survivor license plate for motor vehicles. The license plates issued pursuant to this article must be numbered consecutively and contain the words 'Pearl Harbor Survivor'.
Section 56-3-5930. (A) An applicant must be issued a Pearl Harbor survivor license plate for his private motor vehicle, used for personal conveyance and not for commercial purposes, upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars.
(B) All applications for Pearl Harbor survivor license plates must be verified by the South Carolina State Chairman of Pearl Harbor Survivors.
Section 56-3-5940. In those years in which a metal plate is not issued, for a license plate authorized by this article, a revalidation sticker with a distinctive serial number or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing.
Section 56-3-5950. Only one license plate may be issued to an applicant, and the license plate is nontransferable."
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BEASLEY explained the amendment.
Further proceedings were interrupted by the expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. BEASLEY having the floor.
Rep. HOLT withdrew his objection to the following Bill.
S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.
Rep. KLAPMAN withdrew his objection to the following Bill.
H. 4622 -- Reps. Wilkins, Baxley, Boan, Koon, Felder, Altman, McLellan, Kinon, Winstead, Harwell, L. Martin, G. Bailey, Limehouse, Harvin, Barfield, Fair, Kohn, Blanding, McElveen and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL OF A REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE CONTINUING EDUCATION PROGRAM.
Rep. RAMA withdrew his objection to S. 1391 however, other objections remained upon the Bill.
Rep. FANT withdrew his objection to the following Bill.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Rep. KLAPMAN withdrew his objection to the following Bill.
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.
Rep. BARBER withdrew his objection to S. 1391 however, other objections remained upon the Bill.
Rep. MAPPUS withdrew his objection to the following Bill.
S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.
Reps. WASHINGTON and J. BAILEY withdrew their objections to the following Bill.
S. 1391 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
On motion of Rep. DERRICK, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1400 -- Senator Drummond: A BILL TO AMEND SECTIONS 40-7-230 AND 40-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS, SO AS TO PROVIDE THAT EACH REGISTERED BARBER AND APPRENTICE SHALL RENEW HIS CERTIFICATE ANNUALLY AND TO EXEMPT COSMETOLOGISTS FROM LICENSURE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-125 SO AS TO ALLOW A LICENSED COSMETOLOGIST TO OBTAIN A CERTIFICATE OF REGISTRATION AS A MASTER HAIR CARE SPECIALIST.
On motion of Rep. DERRICK, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1401 -- Senator Drummond: A BILL TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.
The Senate amendments to the following Bill were taken up for consideration.
H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
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. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.
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.
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.
Rep. STURKIE explained the Senate amendment.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Barfield Brown, H. Bruce Cole Fair Farr Holt Lanford Littlejohn Martin, D. McGinnis McKay Washington Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cork Corning Davenport Derrick Elliott Foster Gentry Glover Gordon Gregory Hallman Harris, P. Harrison Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Koon Limehouse Manly Mappus Martin, L. Mattos McAbee McCain McEachin McElveen McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Smith Snow Sturkie Townsend Tucker Vaughn Waites Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright
So, the House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. HAYES 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.
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
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. Bailey, K. Baker Barber Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Chamblee Clyborne Cole Corbett Cork Davenport Elliott Fair Farr Foster Gentry Glover Gordon Gregory Hallman Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Klapman Koon Lanford Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McCain McEachin McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Washington Wells Whipper Wilder Wilkins Williams, J. 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. HAYES, NETTLES and HUFF to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. T.M. BURRISS moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.
Debate was resumed on Amendment No. 1, by the Committee on Education and Public Works.
The amendment was then adopted.
Rep. BEASLEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., June 5, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. H. BROWN the invitation was accepted.
Rep. PHILLIPS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
Rep. PHILLIPS moved that the House stand at ease until the completion of the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R655) S. 912 -- Senator Waddell: AN ACT TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.
(R656) S. 1487 -- Senator Lee: AN ACT 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 DELETE AN APPEAL TO A COURT OF COMPETENT JURISDICTION AND PROVIDE THAT EMERGENCY DECISIONS OF THE FIRE MARSHAL ARE NOT STAYED PENDING APPEAL TO THE APPEALS BOARD; TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-155 SO AS TO PROVIDE THE REQUIREMENTS OF THE STATE FIRE MARSHAL AND HIS AGENTS BEFORE CHANGES IN A BUILDING OR STRUCTURE ARE REQUIRED OR PENALTIES ARE ASSESSED.
(R657) S. 753 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS AND TO PROVIDE PENALTIES.
(R658) S. 1390 -- Fish, Game and Forestry Committee: AN ACT TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.
(R659) S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION TO EXTEND THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN THE 1990 TAX YEAR OF REAL PROPERTY DAMAGED BY HURRICANE HUGO LOCATED IN COUNTIES DECLARED DISASTER AREAS, TO TOLL THE THIRTY-DAY PERIOD TO APPEAL FROM THE COUNTY ASSESSOR TO THE COUNTY BOARD OF TAX APPEALS FROM SEPTEMBER 21, 1989, UNTIL TEN DAYS AFTER THE EFFECTIVE DATE OF THIS ACT IN COUNTIES DECLARED DISASTER AREAS, TO AMEND SECTION 12-37-970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS AND RETURNS FOR PROPERTY ASSESSED BY THE TAX COMMISSION, SO AS TO MAKE RETURNS DUE ON THE LAST DAY OF THE FOURTH MONTH RATHER THAN THE FIFTEENTH DAY OF THE FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR, AND TO REPEAL SECTION 12-37-980, RELATING TO EXTENSIONS FOR FILING PROPERTY TAX RETURNS.
(R660) S. 1251 -- Senators Moore, Nell W. Smith and Hayes: AN ACT 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, 20-7-1958, AND 20-7-1965, SO AS TO PROVIDE FOR SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION OF SPECIAL NEEDS CHILDREN, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, FOR NOTIFICATION TO PROSPECTIVE ADOPTIVE PARENTS, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS, TO REVISE APPLICABLE DEFINITIONS, AND TO DELETE REFERENCES TO A STUDY OF SERVICES FOR BIRTH PARENTS AND REQUIREMENTS FOR REGULATIONS; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
(R661) S. 1389 -- Fish, Game and Forestry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R662) S. 472 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING DECEMBER, JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R663) S. 1589 -- Senators Mullinax, Macaulay and O'Dell: AN ACT 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.
(R664) S. 1593 -- Senators Setzler, Wilson and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
(R665) S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE FOR ITS SUPPORT SERVICES AND TO REQUIRE AGENCIES TO COOPERATE WITH THE COMMISSION.
(R666) S. 1244 -- Senators Nell W. Smith, Hayes and Moore: AN ACT TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
(R667) S. 1217 -- Transportation Committee: AN ACT TO AMEND SECTION 56-3-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUND OF MOTOR VEHICLE REGISTRATION FEES, SO AS TO PROVIDE FOR A REFUND FOR A MOTOR VEHICLE ISSUED AN APPORTIONED LICENSE PLATE.
(R668) S. 1591 -- Judiciary Committee: AN ACT TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME-SHARING PLANS, SO AS TO PROVIDE FOR THE CANCELLATION STATEMENT FOR A LEASE AND OWNERSHIP PLANS SIGNED BY THE BUYER TO BE IN BOLD TYPE ON A SEPARATE PAGE INSTEAD OF IN NO SMALLER TYPE THAN THAT IN THE BODY OF THE CONTRACT.
(R669) S. 1585 -- Senators Williams and Matthews: AN ACT TO ESTABLISH THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.
(R670) S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION UPON THE CONVEYANCE OF CERTAIN PROPERTIES OWNED BY FLORENCE COUNTY OR THE CITY OF FLORENCE AND PROVIDE TRANSITION PROVISIONS.
(R671) H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: AN ACT TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO DELETE PROVISIONS RELATING TO THE CUSTODIAN OF PUBLIC RECORDS PERMITTING THEIR INSPECTION AND EXAMINATION, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUES, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS WITH PROVISIONS FOR AGENCIES OR SUBDIVISIONS TO OPT OUT OF GENERAL SCHEDULES, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140, AND DELETE PROVISIONS RELATING TO COUNTY OFFICIALS MAKING REPORTS ON UNIFORM BLANKS.
(R672) H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: AN ACT TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
(R673) H. 3740 -- Reps. Wilkins, McElveen and Huff: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.
(R674) H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: AN ACT TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO REVISE THE LIST OF PERSONS BY PROVIDING FOR THE ELECTORS PERMITTED TO VOTE BY ABSENTEE BALLOT WHETHER OR NOT ABSENT FROM HIS COUNTY OF RESIDENCE AS WELL AS THE ELECTORS PERMITTED TO VOTE BY ABSENTEE BALLOT WHEN ABSENT; SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE FORM AND PROVIDE FOR THE FORM TO BE PRESCRIBED BY THE STATE ELECTION COMMISSION; AND SECTION 7-9-100, AS AMENDED, RELATING TO STATE CONVENTIONS FOR POLITICAL PARTIES, SO AS TO PROVIDE FOR EACH MEMBER OF THE GENERAL ASSEMBLY TO BE AN ADDITIONAL DELEGATE TO THE APPROPRIATE CONVENTION.
(R675) H. 4559 -- Rep. Hodges: AN ACT TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.
(R676) H. 4918 -- Rep. T.C. Alexander: AN ACT 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 BY ENACTING THE STATE RECREATIONAL WATERS ACT.
(R677) H. 4862 -- Rep. Rama: AN ACT TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, CHANGE A REFERENCE TO THE CHIROPRACTIC ASSOCIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, PROVIDE FOR DEPARTMENT REGULATIONS ON AND REFERENCES TO NONIONIZING AS WELL AS IONIZING RADIATION AND AUTHORIZE THE DEPARTMENT AS WELL AS THE ATTORNEY GENERAL TO APPLY TO A COURT FOR AN ORDER TO ENJOIN VIOLATIONS OF THE ACT; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
(R678) H. 3453 -- Rep. Kay: AN ACT TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION OR QUARANTINE THE ANIMAL AS DIRECTED BY THE DEPARTMENT.
(R679) H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: AN ACT 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 AND TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT CREDIT FOR CHILD AND DEPENDENT CARE EXPENSES IS NOT ALLOWED CREDIT ON THE SOUTH CAROLINA INCOME TAX RETURN FOR SUCH EXPENSES.
(R680) H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: AN ACT TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT FEES CHARGED BY A PUBLIC BODY MUST BE UNIFORM FOR COPIES OF THE SAME RECORD OR DOCUMENT, EXCEPT THAT MEMBERS OF THE GENERAL ASSEMBLY MAY RECEIVE COPIES OF RECORDS OR DOCUMENTS AT NO CHARGE FROM PUBLIC BODIES WHEN THEIR REQUEST RELATES TO THEIR LEGISLATIVE DUTIES.
(R681) H. 4657 -- Rep. Stoddard: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-180 SO AS TO PROVIDE THAT NO LICENSED RETAIL DEALER MAY SELL, OFFER FOR SALE, OR OTHERWISE POSSESS A PISTOL OR OTHER HANDGUN WHICH HAS A METAL ALLOY FRAME OR RECEIVER WHICH MELTS AT A TEMPERATURE OF LESS THAN EIGHT HUNDRED DEGREES FAHRENHEIT AND TO FURTHER PROVIDE THAT LAW ENFORCEMENT AGENTS MAY REGISTER AND USE THESE WEAPONS IN THE LINE OF DUTY.
(R682) 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.
(R683) H. 4830 -- Rep. Kohn: AN ACT TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-285 SO AS TO PROVIDE THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-585 SO AS TO AUTHORIZE A DESIGNATED INSURER OF THE REINSURANCE FACILITY TO APPOINT AN OFFICER OR EMPLOYEE TO THE BOARD OF THE FACILITY IF THE INSURER IS NOT OTHERWISE REPRESENTED ON THE BOARD.
(R684) H. 5133 -- Anderson Delegation: AN ACT TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.
(R685) H. 5122 -- Rep. Washington: AN ACT TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY, SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.
(R686) 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.
(R687) H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1515 SO AS TO ALLOW MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO HAVE ATTAINED AGE FIFTY-FIVE AND WHO HAVE AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE TO ELECT EARLY RETIREMENT, TO PROVIDE THAT MEMBERS ELECTING EARLY RETIREMENT MUST RECEIVE REDUCED BENEFITS AND ARE INELIGIBLE FOR A TIME FOR COST-OF-LIVING ADJUSTMENTS AND THE STATE INSURANCE BENEFIT PLAN, AND TO PROVIDE A METHOD FOR A PERSON ELECTING EARLY RETIREMENT TO MAINTAIN HIS INSURANCE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-80 SO AS TO DIRECT THE RETIREMENT SYSTEM TO ESTABLISH A PLAN TO ALLOW MEMBERS TO ESTABLISH CREDIT FOR OUT-OF-STATE AND FEDERAL CIVILIAN SERVICE BY MEANS OF PAYROLL-DEDUCTED INSTALLMENTS AND TO PROVIDE THE TERMS AND CONDITIONS OF THE INSTALLMENT PAYMENTS.
(R688) H. 3450 -- Reps. R. Brown and T.M. Burriss: AN ACT TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, FOR THE MANNER IN WHICH CERTAIN FEES ARE SET, FOR THE SURETY BONDING OR OTHER SECURITY REQUIRED OF LICENSEES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
(R689) H. 4987 -- Rep. Corning: AN ACT TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.
(R690) H. 4870 -- Rep. Moss: AN ACT 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 OR WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.
The Senate returned to the House with concurrence the following:
H. 5170 -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE THE AYNOR HIGH SCHOOL GIRLS' SOFTBALL TEAM FOR WINNING THE CLASS A STATE CHAMPIONSHIP.
H. 5171 -- Reps. Mappus, J. Bailey, Barber, Hallman, Holt, Kohn, D. Martin, Rama, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE 1990 CITADEL BULLDOG BASEBALL TEAM AND COACH CHAL PORT FOR THEIR MAGNIFICENT SEASON AND FOR EARNING A PLACE IN THE COLLEGE WORLD SERIES, AND TO WISH THE TEAM AND COACHES THE BEST OF LUCK DURING THE COLLEGE WORLD SERIES.
H. 5172 -- Reps. Blanding, McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM BAKER SANDERS, SR., OF SUMTER COUNTY.
H. 5173 -- Rep. Cole: A CONCURRENT RESOLUTION CONGRATULATING THOMAS M. STOKES OF SPARTANBURG COUNTY, PRINCIPAL OF PINE STREET ELEMENTARY SCHOOL, ON BEING SELECTED AS THE 1990 RECIPIENT OF THE "NATIONAL DISTINGUISHED PRINCIPAL" AWARD.
H. 5174 -- Reps. Hendricks, L. Martin, Mattos and Beasley: A CONCURRENT RESOLUTION TO CONGRATULATE OUR DISTINGUISHED COLLEAGUE THE HONORABLE EDWARD W. "ED" SIMPSON, JR., OF PICKENS COUNTY FOR HIS CONTRIBUTIONS TO THE GENERAL ASSEMBLY OVER HIS LONG CAREER ON THE OCCASION OF HIS RETIREMENT.
H. 5175 -- Reps. Phillips, L. Martin, Carnell, Moss, Nesbitt, Cole, Davenport, Littlejohn, Lanford, McGinnis, Bruce, Wells and Farr: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTAN MILLS IN SPARTANBURG COUNTY AND THE MONTGOMERY FAMILY WHICH FOUNDED THIS COMPANY ON ITS ONE HUNDREDTH ANNIVERSARY.
H. 5176 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM E. CRAVER, JR. OF CHARLESTON FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY, UPON HIS RETIREMENT FROM THE AUTHORITY.
H. 5177 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD J. DUKES FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY, UPON HIS RETIREMENT FROM THE AUTHORITY.
H. 5178 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MS. TANDRA LEE HATFIELD OF BISHOPVILLE, LEE COUNTY, ON GRADUATING SUMMA CUM LAUDE FROM COLUMBIA COLLEGE WITH A PERFECT 6.0 GRADE POINT AVERAGE.
At 12:45 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned to meet at 11:00 A.M. tomorrow.
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