Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
There are times, Lord, when we feel more than at other times, the needs of Your guidance and wisdom: when the decisions we make effect the lives of so many. So as we move into the business awaiting us, give us, all-wise God, the guidance commensurate with the challenge now at hand. Keep uppermost in our thinking, and more so in our actions, the well-being of Your people, as we come to know that selfishness makes service a burden, but concern for others makes service a delight.
So our prayer now is: Lead us, Lord, in the right path; the path we should go. 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 Thursday, the SPEAKER ordered it confirmed.
Rep. KLAUBER moved that when the House adjourns it adjourn in memory of Dr. Zohan L. Agardy, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1586
Promulgated By Budget and Control Board
State Employee Grievance Committee
Received By Speaker March 8, 1993
Referred to House Committee on Ways and Means
120 Day Review Expiration Date February 12, 1994
The Senate returned to the House with amendments the following:
H. 3498 -- Reps. Vaughn, Wilkins, Cato, Fair, Clyborne, Jaskwhich, Haskins, Anderson, McMahand, Mattos, M.O. Alexander and Baker: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.
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 following was received.
Columbia, S.C., March 4, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 343:
S. 343 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate sent to the House the following:
S. 498 -- A CONCURRENT RESOLUTION TO CONGRATULATE MR. ALBIN S. JOHNSON, CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF THE BOARD OF SOUTH CAROLINA'S COLUMBIA FARMS, INC., UPON BEING NAMED "MAN OF THE YEAR" BY THE NATIONAL INDEPENDENT POULTRY AND FOOD DISTRIBUTORS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3644 -- Reps. Harwell, Barber, Cobb-Hunter, Harrison, Sturkie, Waites, Byrd, Elliott, Stone and Corning: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Referred to Committee on Judiciary.
H. 3645 -- Reps. Harwell, Barber, Baxley, Cobb-Hunter, Harrison, Hodges, Sturkie, Waites, Elliott, Stone, Byrd and Corning: A BILL TO AMEND SECTION 11-35-4220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE CONVICTION FOR CRIMINAL VIOLATION OF STATE OR FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND INCREASE PENALTIES; TO AMEND SECTION 44-55-90, RELATING TO PENALTIES PERTAINING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE AND AN OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, RELATING TO DEFINITIONS PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A DEFINITION OF "PERSON"; TO AMEND SECTION 44-56-140, RELATING TO PENALTIES PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE, REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR KNOWINGLY WITHHOLDING OR DESTROYING INFORMATION OR MAKING FALSE STATEMENTS OR RECORDS AND FOR KNOWING ENDANGERMENT; TO AMEND SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR, REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR FALSE REPRESENTATIONS, DESTRUCTION OR CONCEALMENT OF RECORDS, WITHHOLDING INFORMATION, AND KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE PENALTIES AND PROVIDE FOR FELONY OFFENSES FOR KNOWINGLY VIOLATING THE ACT AND FOR KNOWING ENDANGERMENT; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED FOR IN SECTIONS 44-55-90, 44-56-140, 44-93-150, AND 48-1-320.
Referred to Committee on Judiciary.
H. 3646 -- Reps. Harvin, Baxley, Cromer, McElveen, Richardson, Rudnick, Byrd, Neal and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3647 -- Reps. Boan, Rogers, Corning, Kirsh, Sturkie, G. Bailey and Harvin: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Referred to Committee on Judiciary.
H. 3648 -- Reps. Kennedy, Canty, Hines, Cobb-Hunter, Whipper, Neal, Scott, Byrd, Simrill, Graham, J. Wilder, Govan, Snow, Neilson, Gonzales, Holt, Stille, Phillips, Harrell, Breeland, Inabinett, Thomas, Haskins, Vaughn, Jennings, Moody-Lawrence, R. Smith, Kinon, Stuart, Rudnick, Houck, D. Smith, D. Wilder, Askins, McCraw and Littlejohn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COUNCIL TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COUNCIL; AND TO PROVIDE FOR THE TERMINATION OF THE COUNCIL JUNE 1, 1998.
Referred to Committee on Ways and Means.
H. 3649 -- Reps. Fair, Klauber, Felder, Waldrop, Delleney, A. Young, Thomas, Wells and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1643 AND BY AMENDING SECTION 20-7-1670, AS AMENDED, RELATING TO WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT THE FOSTER CARE PLACEMENT OR ADOPTION OF A CHILD WITH A PERSON WHO HAS BEEN DETERMINED TO HAVE COMMITTED ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT OR ABUSE OR NEGLECT, OR WHO IS A HOMOSEXUAL OR BISEXUAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3650 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-83 SO AS TO PROVIDE A PROCEDURE FOR THE DISINTERMENT AND REINTERMENT OF A DEAD BODY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3651 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
Referred to Committee on Judiciary.
H. 3652 -- Reps. Barber and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 57-11-25 AND 57-11-26 SO AS TO CREATE THE SOUTH CAROLINA RECREATIONAL TRAIL ADVISORY BOARD, PRESCRIBE ITS MEMBERSHIP, POWERS, AND DUTIES, AND REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO ESTIMATE THE REVENUE FROM TAXES IMPOSED ON NONHIGHWAY RECREATIONAL FUEL AND CERTIFY THIS AMOUNT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHICH SHALL SET ASIDE THIS AMOUNT FROM THE STATE HIGHWAY FUND FOR THE PURPOSE OF ADMINISTERING THE PROGRAM DESCRIBED UNDER THE SYMMS NATIONAL RECREATIONAL TRAILS ACT OF 1991.
Referred to Committee on Ways and Means.
H. 3653 -- Rep. Cromer: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO INCREASE FROM THREE THOUSAND TO SIX THOUSAND DOLLARS THE MAXIMUM AMOUNT OF RETIREMENT INCOME A TAXPAYER AT LEAST SIXTY-TWO YEARS OF AGE MAY DEDUCT FROM TAXABLE INCOME.
Referred to Committee on Ways and Means.
S. 67 -- Senators Passailaigue, Rose and Rankin: A JOINT RESOLUTION TO CREATE A COMMUNITY DIVERSIFICATION PROGRAM TO HELP LOCAL COMMUNITIES THAT ARE RELIANT ON FEDERAL DEFENSE EXPENDITURES COPE WITH THE ANTICIPATED DECREASE IN DEFENSE SPENDING, AND TO CREATE THE ADVISORY COUNCIL ON ECONOMIC DIVERSIFICATION TO OVERSEE THE PROGRAM.
Referred to Committee on Ways and Means.
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Bailey, J. Baker Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Monday, March 8.
Gilda Cobb-Hunter Charles R. Sharpe John G. Felder C. Lenoir Sturkie Thomas C. Alexander Robert A. Barber, Jr. Steve P. Lanford B. Hicks Harwell Richard M. Quinn, Jr. Thomas G. Keegan C. Alex Harvin, III Ralph Anderson Marion H. Kinon Eugene C. Stoddard Joseph T. McElveen, Jr. L. Morgan Martin
LEAVES OF ABSENCE
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
The SPEAKER granted Reps. ASKINS and BAXLEY a leave of absence for the day.
The SPEAKER granted Rep. TOWNSEND a temporary leave of absence.
Rep. STONE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 4.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 387 -- Senator Drummond: A BILL TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.
H. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE AND PERFECTED.
Rep. McLEOD explained the Bill.
S. 87 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED.
Rep. M.O. ALEXANDER explained the Bill.
H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McLEOD explained the Joint Resolution.
H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McLEOD explained the Joint Resolution.
H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3218 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.
H. 3219 -- Rep. Wofford: A BILL TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.
H. 3220 -- Rep. Wofford: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.
H. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.
H. 3375 -- Reps. Huff, Wilkes and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-65 SO AS TO PROVIDE THAT THE CHIEF COMMISSIONER OF THE STATE ATHLETIC COMMISSION MAY DISCIPLINE ANY LICENSEE OF THE COMMISSION FOR VIOLATIONS OF APPLICABLE LAW OR REGULATIONS BY LICENSE SUSPENSION OR A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS, TO PROVIDE THAT EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION, AND TO PROVIDE THAT DISCIPLINARY DECISIONS OF THE CHIEF COMMISSIONER ARE APPEALABLE TO THE FULL COMMISSION; AND TO AMEND SECTION 52-7-60, RELATING TO THE DISCIPLINARY AUTHORITY OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE DISCIPLINARY AUTHORITY OF THE COMMISSION EXTENDS TO ANY LICENSEE OF THE COMMISSION.
H. 3112 -- Reps. Wilkins and Hodges: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.
The following Joint Resolutions 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. 424 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 426 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO LIMITATION OF PAPERWORK FILED WITH WORKERS' COMPENSATION COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3610 -- Ways and Means Committee: GENERAL APPROPRIATION BILL. (Abbreviated Title)
Rep. BOAN moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3105 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2535 SO AS TO MAKE IT A MISDEMEANOR OFFENSE, EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO STOP, STAND, OR PARK A VEHICLE IN FRONT OF, ADJACENT TO, OR INSIDE A DESIGNATED FIRE LANE, AND TO PROVIDE FOR PUNISHMENT FOR THIS VIOLATION IN THE SAME MANNER AS PROVIDED IN SECTION 56-3-1970 FOR UNLAWFULLY PARKING A VEHICLE IN A PARKING PLACE CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
The following Joint Resolution was taken up.
H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.
Rep. STILLE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5511HC.93), which was adopted.
Amend the resolution, as and if amended, by striking item (A), as contained in SECTION 1, page 1, and inserting:
/(A) for supreme court justices and court of appeals judges, no mileage reimbursement may be paid for travel between the place of residence and Columbia and no subsistence may be paid in connection with court business or administrative duties in Columbia;/
Amend further, page 1, by inserting before /no/ on line 41 / in all other circumstances not governed by the provisions of items (A) and (B) of this section,/.
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted by a division vote of 56 to 35.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill until Tuesday, March 9, which was adopted.
Rep. ROBINSON withdrew his objection to H. 3371 however, other objections remained upon the Bill.
The following Concurrent Resolution was taken up.
H. 3578 -- Rep. McKay: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADD ADDITIONAL STATES IN 1993 TO THE FAA BLOCK GRANT PROGRAM.
Whereas, a balanced, safe, and efficient system of airports and aviation services is essential to the commercial vitality and economic development of South Carolina; and
Whereas, prudent management of the State's existing aviation resources and sound planning for their future development require the ability not only to forecast needs but also the ability to anticipate the resources likely to be available to meet those needs; and
Whereas, like other transportation programs, South Carolina's aviation program relies to a significant measure, but not exclusively, on federal financing; and
Whereas, collectively, the states have sought and supported the development and preservation of a balanced system of airports and other aviation services that can be responsive to the diverse needs of the many geographic regions and economic sectors of the entire country; and
Whereas, the General Assembly of South Carolina believes that it is the mutual responsibility of federal, state, and local governments to continue to support balanced, planned, predictable airport growth and development; and
Whereas, the primary role of the federal government in this endeavor has been and should remain the establishment and maintenance of uniform standards in the area of airport and aviation operations safety; and
Whereas, the primary responsibility of the states, in these matters, should remain the promotion and development of airport systems based on plans that are integrated and coordinated with other transportation systems, modes, and plans; and
Whereas, local governments, too, play a vital role in the evolution of a well-considered national aviation system by identifying local airport and aviation needs and seeking ways of matching these needs with resources available from state, federal, and nongovernmental resources; and
Whereas, airport development strategies based on a synthesis of local, state, regional, and federal plans and programs, make use of pooled technical expertise and financial and other resources; and
Whereas, through close cooperation of local, state, and federal governments, a clearly defined FAA Block Grant Program has been produced, based primarily on approved state, regional, and metropolitan airport systems plans, updated continuously as new information becomes available; and
Whereas, there needs to be a continuing federal airport planning and development program to help finance that portion of the airport and airway system which has been identified in the FAA Block Grant Program as being of national importance; and
Whereas, implementation of the FAA Block Grant Program is most appropriately financed by aviation system user taxes and by federal fund appropriations in consideration of the benefits derived by the general public from the total air transportation system; and
Whereas, current FAA rules and regulations do not recognize economic development as part of its criteria; and
Whereas, as long as the need for further airport and aviation service improvements can be demonstrated, federal legislative authorization for the FAA Block Grant Program needs to be reconsidered and re-opened to allow states which desire and are qualified to participate in the program, which will permit disbursement of at least the minimum amounts required for continued full funding of airport improvements. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Congress of the United States is hereby memorialized to add additional states in 1993 to the FAA Block Grant Program.
Be it further resolved that copies of this resolution be forwarded to the United States Senate, 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.
Rep. R. YOUNG moved to adjourn debate upon the following Concurrent Resolution until Tuesday, March 9, which was adopted.
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
The motion period was dispensed with on motion of Rep. WILKINS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.
Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.
The following Joint Resolution was taken up.
H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. WILKINS moved to adjourn debate upon the Joint Resolution.
Rep. WHITE moved to table the motion.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, G. Canty Holt Kennedy McMahand Moody-Lawrence Scott Whipper White Wilkes Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Kelley Keyserling Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McTeer Meacham Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. McLEOD moved that the House do now adjourn, which was rejected.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted.
H. 3411 -- Reps. T.C. Alexander, M.O. Alexander, Gamble, R. Smith and A. Young: A BILL TO AMEND SECTIONS 42-7-10, AS AMENDED, 42-7-20, 42-7-30, 42-7-70, 42-7-75, AS AMENDED, AND 42-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, SO AS TO CHANGE THE NAME OF THAT FUND TO THE "STATE ACCIDENT FUND"; TO PROVIDE THAT, UPON THE EFFECTIVE DATE OF THIS ACT, THE STATE WORKERS' COMPENSATION FUND SHALL BE KNOWN AS THE STATE ACCIDENT FUND, PROVIDE FOR THIS NAME CHANGE IN OTHER PLACES IN THE 1976 CODE OR OTHER STATUTES OF THE STATE, AND PROVIDE FOR THE EXHAUSTION OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL REFLECTING THE NAME, "STATE WORKERS' COMPENSATION FUND".
The following Bill was taken up:
H. 3611 -- Judiciary Committee: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. HODGES moved to wave Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Delleney Fair Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Hodges Holt Houck Huff Hutson Jaskwhich Jennings Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McTeer Meacham Neilson Phillips Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Beatty Breeland Brown, G. Brown, J. Canty Carnell Cobb-Hunter Davenport Harrelson Hines Inabinett Kennedy Keyserling McAbee McLeod McMahand Moody-Lawrence Neal Rogers Rudnick Scott Spearman Stille Whipper White Wilkes Williams
So, Rule 5.14 was waived.
Rep. HODGES was recognized.
Rep. COBB-HUNTER raised the Point of Order that the request to speak on the Bill was out of order as the member was not in his seat when it was made.
The SPEAKER sustained the Point of Order.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11063AC.93).
Amend the bill, as and if amended,
by transferring the Department of Alcohol and Other Drug Abuse Services, as contained in SECTION 5, to the Department of Health in SECTION 11 as a division of the Department of Health.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
Rep. G. BROWN requested that the Bill be read in its entirety.
The Reading Clerk began reading the Bill.
Rep. DAVENPORT moved that when the House adjourns it adjourn to meet at 9:00 A.M. tomorrow, which was not agreed to.
Rep. CROMER moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
Rep. HUFF moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. G. BROWN requested the motion he made to have the Bill read in its entirety be rescinded if it would be appropriate.
The SPEAKER stated that it was inappropriate and that it was a Constitutional requirement and that Rep. G. BROWN had raised the Point and the Bill would be read.
Rep. DAVENPORT raised the Point of Order that the request to have the Bill read was dilatory under Rule 8.3.
The SPEAKER stated it cannot be dilatory if it is a Constitutional requirement. He further stated that the precedents were clear and that the Constitution required the reading of a Bill on three separate days and provided under Section 18 of the Legislative Department that either House may provide by Rule for the Bill on the first or third reading to be read by title only. He further stated that on the second reading, if requested, the Ruling for the House had always been that the member is entitled for the Bill to be read and once that Constitutional requirement is brought up, it would have to be fulfilled and cannot be withdrawn. He further stated that the only occasion where it had been interpreted differently under the precedents, was when Rep. Crosby Lewis raised a Point of Order on the Appropriations Bill because the House had voted to take the Bill up on a Section by Section basis and the House applied the requirement on a Section by Section basis and after that Section was read, then it did not apply to the remaining sections because Rep. Lewis did not raise the Point on the remaining sections. He further stated that since the procedure to take this Bill up on a Section by Section basis had not been adopted, then the Bill would be read and he overruled the Point of Order.
The Reading Clerk continued to read the Bill.
Rep. STURKIE moved to rescind Rule 3.9, which was rejected by a division vote of 38 to 65.
The SPEAKER granted Reps. CHAMBLEE and SNOW a leave of absence for the remainder of the day.
The Reading Clerk continued to read the Bill.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the morning hour the pending question being the reading of the Bill, Line 9, Page 47.
The following was introduced:
H. 3654 -- Reps. Fulmer, Hallman, Holt, Harrison, Whipper, Inabinett, Breeland, McTeer, Klauber, J. Bailey, Harrell, R. Young, Hutson, Delleney, McElveen, Gonzales and Barber: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITADEL BULLDOG FOOTBALL TEAM, STAFF, AND COACHES HEADED BY NATIONAL COACH OF THE YEAR, CHARLIE TAAFFE, FOR A TRULY OUTSTANDING 1992 SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3655 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE NEWBERRY COUNTY DAIRY FARMER, JAMES W. KESLER, UPON RECEIVING THE 1993 HONORS AWARD OF THE SOUTH CAROLINA JERSEY CATTLE CLUB.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3656 -- Rep. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-65 SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO SUSPEND THE DRIVER'S LICENSE OF A DRIVER, FOR A PERIOD NOT TO EXCEED THIRTY DAYS, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROHIBIT AN AUTOMOBILE INSURER FROM RAISING AN INSURED'S PREMIUM BASED UPON THE INSURED'S DRIVING RECORD OR ACCIDENT RECORD, OR COMBINATION OF BOTH OF THESE, OR FROM REMOVING AN INSURED'S SAFE DRIVER DISCOUNT UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, IF THE INSURED COMPLETES AND PASSES A SAFE DRIVER COURSE APPROVED BY THE COMMISSIONER; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-467 SO AS TO PROVIDE THAT IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW A PERSON MAY HAVE HIS LICENSE TO DRIVE SUSPENDED FOR SIX MONTHS IF HE IS CONVICTED OF, OR PLEADS GUILTY OR NOLO CONTENDERE TO, FIVE TRAFFIC OFFENSES IN A ONE-YEAR PERIOD OR IS CONVICTED OF, OR PLEADS GUILTY OR NOLO CONTENDERE TO, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS TWO OR MORE TIMES IN A ONE-YEAR PERIOD, AND PROVIDE THAT THIS SUSPENSION CAN BE WAIVED ONLY UPON A SHOWING TO THE COMMISSIONER OF EXTREME HARDSHIP AND SUBSTANTIAL REHABILITATION; TO AMEND SECTION 38-73-450, RELATING TO FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES, BURDEN ON INSURER TO PROVE FAIRNESS, AND FACTORS TO BE CONSIDERED BY THE COMMISSIONER, SO AS TO REQUIRE THE COMMISSIONER TO TAKE INTO ACCOUNT INVESTMENT INCOME FROM ALL SOURCES, ALL PROFITS FROM EVERY SOURCE, INCLUDING INVESTMENT INCOME, BOTH ACTIVE AND PASSIVE, AND EARNED INTEREST, PROHIBIT AN INSURER FROM CLAIMING REDUCED PROFIT BY DOING, OR FAILING TO DO, CERTAIN THINGS, REQUIRE THAT ANY PROFIT OF AN INSURER EXCEEDING TEN PERCENT PER ANNUM BE REFUNDED TO ITS INSUREDS UNLESS THE INSURER CAN DEMONSTRATE EXTREME AND COMPELLING HARDSHIP JUSTIFYING THE REFUND OF A LESSER SUM, AND PROVIDE THAT A REQUEST FOR ANY RATE INCREASE OR PREMIUM INCREASE MAY BE DENIED OR DISAPPROVED BY TAKING INTO ACCOUNT AS A FACTOR THE INEFFICIENCY OF THE INSURER OR SUFFICIENT INSURER PROFIT; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE THE PROVISIONS RELATING TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO PLANS FOR CREDITS OR DISCOUNTS TO AUTOMOBILE INSUREDS, SO AS TO DELETE THE PROVISIONS AUTHORIZING THE PLANS TO BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-750, AS AMENDED, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE PLANS FOR ALLOCATING EXPENSES AND PROFIT, SO AS TO DELETE THE REFERENCES TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS FOR THE AUTOMOBILE INSURANCE BUSINESS, SO AS TO DELETE THE REFERENCE TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO AUTOMOBILE INSURANCE, SO AS TO DELETE THE DEFINITION OF THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-285, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES FOR AN INSURED'S AUTOMOBILE MUST BE IN ONE POLICY, SO AS TO PROVIDE FOR THE REQUIREMENT TO APPLY TO INDIVIDUAL PASSENGER AUTOMOBILES INSTEAD OF VEHICLES CEDED TO THE REINSURANCE FACILITY; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO ELIMINATE THE MANDATE ON AUTOMOBILE INSURERS DOING BUSINESS IN THIS STATE TO WRITE INSURANCE FOR ALL OR FOR SELF-INSURED PLANS APPROVED BY THE COMMISSIONER TO COMPLY WITH THE FINANCIAL RESPONSIBILITY STATUTES OF THIS STATE, AND TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO ELIMINATE COMPULSORY INSURANCE FOR ALL DRIVERS AND COMPLIANCE WITH THE FINANCIAL RESPONSIBILITY STATUTES; TO REQUIRE THE COMMISSIONER TO APPROVE A TEN PERCENT REDUCTION IN RATE OR PREMIUM CHARGES USED BY AUTOMOBILE INSURERS; AND TO REPEAL SECTIONS 38-73-1420 AND 38-73-1425, RELATING TO THE REINSURANCE FACILITY AND OTHER MATTERS, 38-77-920, RELATING TO THE PROVISION THAT INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF AUTOMOBILE INSURANCE AND RELATED MATTERS, 38-77-940, RELATING TO AUTOMOBILE INSURANCE AND AVOIDING CERTAIN CLASSES OR TYPES OF RISKS AND CANCELING AN AGENT'S REPRESENTATION, 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, AND 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS, AND ARTICLE 5, CHAPTER 77, TITLE 38 RELATING TO THE REINSURANCE FACILITY.
Referred to Committee on Labor, Commerce and Industry.
H. 3657 -- Reps. Wilkes and Baker: A BILL TO AMEND 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT ANY PROVISION APPLYING TO PARTNERSHIPS RELATING TO ACCOUNTANTS REQUIRING CERTAIN QUALIFICATIONS OR REQUIREMENTS OF A PARTNER SHALL ALSO APPLY TO A MEMBER OR MEMBERS OF PROFESSIONAL CORPORATIONS AND THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-50, SO AS TO PROVIDE THAT IN ORDER TO BRING A NEGLIGENCE ACTION AGAINST ANY ACCOUNTANT, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION, IN THE COURSE OF ACCOUNTANCY SERVICES, THE PLAINTIFF MUST BE IN PRIVITY OF CONTRACT WITH THE ACCOUNTANT, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-55, SO AS TO PROVIDE FOR ACTIONS BROUGHT FOR MONEY DAMAGES AGAINST ACCOUNTANTS, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION, TO PROVIDE FOR PROPORTIONATE LIABILITY IF A JUDGMENT IS RENDERED AGAINST AN ACCOUNTANT, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION; AND TO AMEND ARTICLE 1, CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-60, SO AS TO PROVIDE THAT THE NON-PREVAILING PARTY OF AN ACTION BROUGHT UNDER THIS ACT SHALL BE SUBJECT TO ATTORNEY'S FEES AND COSTS OF THE PREVAILING PARTY IF THE COURT DOES NOT DETERMINE THAT THE ACTION WAS SUBSTANTIALLY JUSTIFIED.
Referred to Committee on Labor, Commerce and Industry.
H. 3658 -- Reps. D. Smith, Tucker, Robinson and Graham: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE SO AS TO CHANGE THE TIME FOR CONDUCTING THE SPECIAL ELECTION FROM THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS TO THE FOURTEENTH TUESDAY AFTER THE VACANCY OCCURS.
Referred to Committee on Judiciary.
H. 3659 -- Reps. Chamblee, Townsend and Cooper: A BILL TO AMEND SECTION 15-1-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR EMERGENCY CARE AT THE SCENE OF AN ACCIDENT, SO AS TO EXEMPT UNPAID VOLUNTEER FIREFIGHTERS FROM LIABILITY.
Referred to Committee on Judiciary.
H. 3660 -- Reps. Wilkins, Waldrop, T.C. Alexander, Simrill, Felder, Wright, Riser, Harrison, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Sharpe, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, R. Smith, Townsend, Vaughn, Wells, Wofford, A. Young, R. Young, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3661 -- Reps. Wilkins, Waldrop, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Sharpe, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Meacham: A BILL TO AUTHORIZE THE ISSUANCE OF LIMITED BENEFIT HEALTH INSURANCE POLICIES, OR THE DEVELOPMENT AND MARKETING OF "BARE BONES" HEALTH INSURANCE PLANS, IN AN EFFORT TO MAKE SUCH COVERAGE MORE AFFORDABLE FOR THE RESIDENTS OF THE STATE, AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3662 -- Rep. Keyserling: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE USE OF STATE PARK FACILITIES BY BLIND AND DISABLED PERSONS, SO AS TO ALLOW VETERANS WITH FIFTY PERCENT DISABILITY THIS PRIVILEGE.
Referred to Committee on Ways and Means.
H. 3663 -- Reps. Neilson, Neal, Hines, Holt and Baxley: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Referred to Committee on Labor, Commerce and Industry.
H. 3664 -- Reps. Quinn, Wilkes, R. Young, T.C. Alexander, Wright and Haskins: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.
Referred to Committee on Labor, Commerce and Industry.
Rep. WALKER withdrew his objection to the following Bill.
H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.
On motion of Rep. HODGES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PLACE THE DEPARTMENT OF ARCHIVES AND HISTORY UNDER THE UNIVERSITY OF SOUTH CAROLINA, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND, ADD, AND REPEAL CERTAIN SECTIONS OF THE 1976 CODE SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.
The motion period was dispensed with on motion of Rep. WILKINS.
Debate was resumed on the following Bill, the pending question being the reading of the Bill.
H. 3611 -- Judiciary Committee: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
Rep. WILKINS moved that the House do now adjourn, which was adopted.
Further proceeding was interrupted by adjournment, the pending question being the reading of the Bill, Line 9, Page 47.
At 4:00 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Dr. Zohan L. Agardy, to meet at 10:00 A.M. tomorrow.
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