Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Most merciful and gracious God, give us the determination to discharge our duties and responsibilities with pure and steadfast devotion. Undergird us with a faith that never fails and a courage that never falters. May Your perfect will have preeminence in our plans and purposes, in our deliberations and decisions. Temper our minds with patience and perseverance, always concerned about finding Your will and way, then to follow it with all our might. May Your truth be our shield, Your presence our strength.
Bless us all in keeping with Your Knowledge of our individual needs. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. MEACHAM moved that when the House adjourns, it adjourn in memory of Retha Hodgin of Fort Mill, which was agreed to.
The Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse was received and was printed in the Senate Journal on Friday, May 3.
May 6, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4693, R. 351, an Act:
TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
This veto is based upon my belief that this legislation is unnecessary. The South Carolina Department of Transportation Commission approved the installation of this signal on February 20, 1996. The signal is in the process of being installed.
For the above reason, I am returning H. 4693, R. 351, without my approval.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The following was received.
Columbia, S.C., May 2, 1996
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. 972:
S. 972 -- Senator Bryan: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 2, 1996
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. 774:
S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 2, 1996
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. 642:
S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., May 2, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1195:
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
Very respectfully,
President
On motion of Rep. TOWNSEND, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WRIGHT, ALLISON and STILLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 2, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1315:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
and asks for a Committee of Conference and has appointed Senators Washington, Cork and Ryberg of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HODGES, KLAUBER and J. YOUNG to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6004HTC.96), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:
(1) Federal Retiree Settlement 11,500,000
(2) Catawba Indian Settlement 2,500,000
(3) State House Renovation 8,872,994
(4) 1996 General Election 1,435,190
(5) Public Education-
Instructional Materials 13,602,951
(6) Wil Lou Gray-Dorm Furniture 100,000
(7) The South Carolina School for
The Deaf and The Blind-
Facility and Equipment Upgrade 350,000
(8) John De La Howe-
Maintenance on Building 65,000
(9) Colleges and Universities-
Higher Education Formula 33,700,000
Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.
(10) Department of Corrections-
Institutional Maintenance 2,900,000
(11) Department of Juvenile Justice-
Improve Condition in Facilities 2,020,948
(12) Forestry-H. Cooper Black
Field Trial Area 100,000
(13) Department of Agriculture-
Horticulture Building 200,000
(14) Department of Natural Resources:
(a) Game-Construction/Renovate
Facilities 509,775
(b) Marine Resources - Equipment 300,000
(c) Water Resources - Equipment 154,000
(d) Land Resources - Data System vehicles 75,000
(e) Geology - Equipment vehicles 30,000
(15) South Carolina Department of
Labor, Licensing and Regulation-
Fire Academy-Equipment and
Dry Hydrants 450,000
The Department of Labor, Licensing and Regulation is directed to coordinate with the Low Country Resource Conservation and Development Council to distribute the funds provided herein for the purchase of materials associated with the installation of Dry Fire Hydrants.
(16) State Commission on Human Affairs-
Computer Upgrade 24,000
(17) Clemson Public Service Activities-
Plant Industries Research Complex 600,000
(18) Department of Public Safety-
Computer Upgrade 1,000,000
______________
Total Capital Reserve Fund
Appropriation 80,489,858
SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Amend totals and title to conform.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
Rep. H. BROWN proposed the following Amendment No. 1B (Doc Name P:\amend\JIC\6002HTC.96), which was adopted.
Amend the bill, as and if amended, by striking Parts IA and IB as passed by the Senate and inserting Parts IA and IB as passed by the House of Representatives.
Amend further, as and if amended, by striking Part II as passed by the Senate and inserting Part II as passed by the House, except for SECTION 8 thereof, which is amended to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT.
A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:
Property Tax Year Maximum Percentage Depreciation
Before 1996 80 percent
1996 82 percent
1997 84 percent
1998 86 percent
1999 88 percent
After 1999 90 percent.
(B) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Fund. Annually, the General Assembly shall appropriate to this fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis."
B. The penultimate paragraph of Section 12-37-930 of the 1976 Code, as last amended by Act 231 of 1996, is further amended to read:
"In no event may the original cost be reduced by more than eighty percent as provided in Section 12-37-935, except this limit is ninety percent for: (1) custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals; and (2) equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Capital investment will be based upon the gross cost of assets in South Carolina as shown on the manufacturer's property tax and fee-in-lieu of property tax filings. In the year of acquisition, depreciation is allowed as if the property were owned for the full year. The term 'original cost' means gross capitalized cost, including property on which the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the taxpayer's records for income tax purposes. For purposes of this paragraph, custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals are molds and dies designed, produced, and conditioned to the special order of a manufacturer. "
C. This section takes effect for property tax years beginning after 1995. /
Amend further, by striking all after Part II and inserting:
SECTION 1. From fiscal year 1994-95 surplus revenues, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
1. State House Renovation $13,000,000
2. Department of Commerce
Advisory Coordinating Council
for Economic Development 30,000,000
3. Archives & History Facility 4,000,000
4. Local Government Fund 6,588,619
5. Department of Juvenile Justice
Renovations 14,000,000
6. Palmetto Trails 300,000
7. House of Representatives -
Subsistence 500,000
8. Senate - Operating Expenses 500,000
9. Judicial Department 850,000
10. Department of Agriculture
Vehicles and Roof Repairs 452,000
11. Prosecution Coordination
Commission 614,053
12. Tec Special Schools 4,000,000
13. Public Education - Fringe
Equity 8,500,000
The $8,500,000 allocated to the State Department of Education for Public Education - Fringe Equity must not be expended in Fiscal Year 1995-96, but must be carried forward to Fiscal Year 1996-97 and distributed to school districts in accordance with Section 59-21-160 of the Code of Laws of South Carolina, 1976.
14. Department of Corrections
Vehicles/Maintenance of
Equipment 2,000,000
Other Operating Expenses 3,813,445
15. Forestry Commission
Pine Beetle Eradication 200,000
H. Cooper Black Field Trial
Area 100,000
16. Clemson PSA Contractual Services 300,000
17. USC Law School 330,000
18. Charleston Naval Base
Redevelopment Authority 300,000
19. Myrtle Beach Air Force
Redevelopment Authority 230,000
Total $90,578,117
SECTION 2. With respect to appropriations in Section 1 of this Part:
(1) Appropriations in Section 1 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.
(2) Unexpended funds may be carried forward to succeeding fiscal years and used for the same purposes.
SECTION 3. This Part takes effect upon approval by the Governor.
SECTION 1. (A) The sources of general fund surplus revenues appropriated in this Part are as follows:
(1) $64,203,298 Pursuant to Section 11-11-140
of the 1976 Code (Carnell-
Felder)
(2) 74,188,925 Projected Fiscal Year 1995-96
Surplus
(3) 508,869 Lapse of Federal Retiree
Refunds
(B) Notwithstanding any other provision of law, the Department of Revenue and Taxation shall remit to the general fund, before the close of fiscal year 1995-96, the amount of $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund.
SECTION 2. From such fiscal year 1995-96 surplus general funds revenues as are available, the following sums are appropriated from the general fund of the State for the purposes stated:
(1) Property Tax Relief Fund 64,203,298
(2) General Reserve Fund 6,271,409
(3) 1995 Property Tax Relief Fund 8,238,094
(4) Local Government Fund 25,124,847
(5) Department of Health and
Environmental Control-
Immunization, Preventable
Disease, Other 4,282,000
(6) Capital Improvements -
Carolina Cup Racing Asso. 50,000
(7) Department of Health and
Human Services-
Emotionally Disturbed Children 12,000,000
(8) Technical Education Commission-
Special Schools 2,000,000
(9) Judicial Department
(a) Nine New Judges 328,005
(b) Alternative Dispute
Resolution 100,000
(c) Family Court Clerks 208,000
(10) Department of Corrections-
Kershaw Prison Opening 5,146,000
(11) Department of Juvenile Justice
(a) Statewide Program/Services 1,153,200
(b) Improve Condition in
Facilities 286,703
(12) State Budget and Control Board-
Equity Lawsuit 150,000
(13) Department of Social Services-
Family Independence Act-
Welfare Reform 2,000,000
The intent of the General Assembly is that the Department of Social Services not duplicate services available at the Employment Security Commission and other State agencies. All State agencies are divided to cooperate with DSS as it implements the Family Independence Act of 1995.
(14) Commission on Higher Education
(a) EPSCOR -
Competitive Research Match 2,000,000
(b) SCAMP -
Minority Ph.D. in Science 600,000
(c) SREB Contract Veto-
Vet School Tuition Assistant 39,150
(15) DNR-Aquatic Weed Treatment 200,000
(16) Department of Commerce
(a) Trade Office in Frankfurt 120,000
(b) European Consultant 45,000
(c) Advertising Budget 283,450
(d) Foreign Office -
Exchange Rate Shortfall 264,000
(17) Public Education -
School for Science and Math 25,625
(18) School for The Deaf and
The Blind
(a) Training and Staff Development 128,150
(b) Rock Hill Outreach Service
Center 44,000
(19) Probation, Parole, and Pardon-
Offender Supervision 1,658,116
(20) Attorney General-
Computer Upgrade 50,000
(21) Appellate Defense-
Administration 10,000
(22) Indigent Defense-
Maintain Standards 1,500
(23) Department of Public Safety-
Computer Upgrade 1,000,000
(24) South Carolina Law Enforcement
Division-
DNA Banking Program 266,000
(25) Sentencing Guidelines-
Operating 6,000
(26) Human Affairs -
Five Investigators 150,000
(27) DAODAS - Juvenile
Offender Treatment Program 400,000
(28) Archives & History -
Video Tapes & Curr Dev 34,000
(29) Department of Social Studies -
Camp Happy Days 77,000
(30) Immunization 3,000,000
(31)State Library - Ware Shoals Community
Library State Match 50,000
(32) Statehouse Renovation 3,950,000
(33) Winthrop - Sims Math &
Science Complex 3,000,000
(34) Clemson - Central Energy Facility 8,000,000
(35) USC-Columbia-
New Science Research Complex 10,000,000
(36) Corrections 9,000,000
The Department of Corrections shall only use the funds provided for existing or temporary positions, but this requirement does not extend to hiring necessary to open the Kershaw facility.
(37) Columbia -
New Sports Arena 2,500,000
(38) Technical Education Commission-
Special Schools 4,000,000
(39) University of South Carolina-
Aiken
New Building Matching Funds 1,500,000
(40) Technical College - Beaufort-
Health Science Building 1,000,000
(41) Archives and History-
S. C. History Center 5,100,000
(42) Coastal Carolina-
Humanities Building 7,000,000
(43) College of Charleston-Library 6,000,000
(44) Lander - Barrett Hall
Renovation and Equipment 750,000
(45) Educational Television-
Restore Base 1,700,000
(46) Chesterfield-Marlboro Technical-
Classroom and Library 2,000,000
(47) Clemson PSA - Greenhouse 2,400,000
(48) Clemson PSA - Camp Long, Flax 600,000
(49) Department of Mental Health-
Patient Paying Fee Account 3,800,000
(50) Emergency Medical Services/Computer 795,830
(51) Parks, Recreation and
Tourism-
Lake Murray Facility 150,000
(52) Department of Commerce-
Advertising 480,000
(53) Health and Human Services-
Medicaid Increased Caseload 3,000,000
(54) Department of Natural
Resources-
Law Enforcement Vehicles 1,200,000
(55) DDSN -
Family Support Services 1,300,000
(56) University of South Carolina
Columbia
Columbia Museum of Art Building 1,000,000
(57) Department of Juvenile Justice-
Computer 500,000
(58) Budget & Control Board -
Property Tax Form Revision 250,000
(59) Airport Improvement 3,000,000
(60) Parks, Recreation and
Tourism-Discovery Centers 2,000,000
(61) Judicial Department-
Computers 440,000
(62) DSS - Foster Care Matching Grant 678,800
DMH - Gateway House 79,000
Blind Comm. - Roof Repair 391,840
Adjutant General's Office -
Emergency Preparedness 900,000
Budget & Control Board - 800 Megahertz
System 7,000,000
(63) Infrastructure Revolving
Loan Fund 9,500,000
(64) Governor's Office-Governor's School for
the Arts 3,000,000
(65) Governor's Office-Governor's School for
Math and Science 5,000,000
(66) Multi-District Career Centers 3,000,000
(67) State Treasury: Special Account-Motor
Vehicle Property Tax Relief Fund 10,000,000
(68) DHEC - Ocean and Coastal Resources
Management 300,000
_______________
Total 227,513,547
SECTION 3. (A) Appropriations in Section 2 are in priority order beginning with item (1) and each separate appropriation must be fully funded before the next appropriation in order is paid.
Any surplus funds remaining in excess of the items provided for in Section 2, in an amount not to exceed twenty-six million dollars, must be provided to the State Department of Education to purchase student transport vehicles or bus parts.
(B) Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal year and expended for the same purposes.
SECTION 4. A. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-73. (A) Every property tax bill for real property must include for each governmental entity imposing a property tax, the tax due for the preceding property tax year for both the operating and debt service for that entity, as well as the current year's tax due for operating and debt service purposes. This requirement does not apply when improvements have been made to the property or the assessment ratio or use classification of the property has changed from the previous property tax year.
(B) To the extent funds are appropriated for this purpose, any governmental entity which issues property tax notices must be reimbursed for any cost incurred to implement the requirements of this section upon following the procedure set forth below, in the manner set forth below. Reimbursable costs under this provision include costs for acquisition or modification of computer software, computer hardware, tax forms, incremental increases in postage due to increased form size or weight, and any surcharges or increases in the cost of a contract between the governmental entity and a private service which handles property tax notice preparation, printing, or mailing for which the governmental entity is contractually bound to pay.
A special one-time appropriation from the general fund of the State of two hundred fifty thousand dollars is provided for the reimbursements authorized by this subsection. Any governmental entity affected by this requirement may submit a cost estimate solely for the cost of implementing this requirement to the Budget & Control Board, Advisory Council on Intergovernmental Relations, which shall provide an analysis of statewide costs for implementation and shall report its findings to the General Assembly by January 20, 1997. Funds provided herein may be allocated by the Budget & Control Board to reimburse local entities, to provide objective cost reviews, and to develop uniform property tax reporting processes."
B. Upon approval by the Governor, this section is effective for property tax years beginning after 1996.
SECTION 5. Except where otherwise provided, this Part takes effect upon approval by the Governor, but no appropriation in Section 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1995-96.
All Acts or parts of Acts inconsistent with any of the provisions of Part I, Part III, Part IV, Part V, or Part VI of this Act are suspended for the Fiscal Year 1996-97.
All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are repealed.
Except as otherwise specifically provided herein, this Act takes effect immediately upon its approval by the Governor./
Amend title, sections, and totals to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was introduced:
H. 4997 -- Reps. Walker and Richardson: A CONCURRENT RESOLUTION TO COMMEND THE INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., (IIAA) ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4998 -- Reps. Sandifer and Klauber: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF WARRANT OFFICER FIVE HURMAN FRANKLIN HUGHES FOR THIRTY-SEVEN YEARS OF SERVICE TO SOUTH CAROLINA AND THIS NATION.
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. 4999 -- Rep. Fulmer: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.
Referred to Charleston Delegation.
S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.
Referred to Committee on Judiciary.
The following was introduced:
H. 5000 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HERBERT MELLETTE, JR., OF TURBEVILLE, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5001 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION PROUDLY COMMENDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND W.H. "BILL" ALSTON OF AWENDAW, SOUTH CAROLINA, FOR HIS GENEROSITY AND COMPASSION TO THE CITIZENS OF HIS COMMUNITY, COUNTY, AND STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5002 -- Rep. Harvin: A HOUSE RESOLUTION TO REQUEST THE STATE LAW ENFORCEMENT DIVISION AND THE DEPARTMENT OF PUBLIC SAFETY TO STUDY THE SAFETY PROCEDURES USED AT CONVENIENCE STORES AND TO REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE HOUSE JUDICIARY COMMITTEE.
The Resolution was ordered referred to the Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 7.
Harold G. Worley Timothy F. Rogers Jackson S. Whipper Jerry N. Govan, Jr. Joseph T. McElveen, Jr. Donny Wilder James H. Hodges H.B. Limehouse III Lynn Seithel Richard M. Quinn, Jr. Woodrow M. McKay Henry E. Brown, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. KENNEDY a leave of absence for the week.
The SPEAKER granted Rep. HERDKLOTZ a leave of absence for the week.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.
Rep. THOMAS moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
The motion of Rep. HARRISON to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Rep. KNOTTS objected to the Bill.
The following Bill was taken up.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
Rep. YOUNG-BRICKELL moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Reps. HARRISON and D. SMITH proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3755CM.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Implementation of Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 and the requirements under these sections of this act are contingent upon annual appropriations of sufficient funding./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. KNOTTS 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 overruled the Point of Order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
Reps. WHATLEY, FULMER, HALLMAN, VAUGHN, ALLISON, CATO, HASKINS, EASTERDAY, TRIPP, DAVENPORT, CAIN, WELLS, KNOTTS and LANFORD objected to the Bill.
Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Rep. TUCKER moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Rep. LANFORD moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.
The following Bill was taken up.
S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.
Rep. SCOTT 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 statewide day.
The SPEAKER sustained the Point of Order.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.
S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.
The following Bill was taken up.
S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
Rep. ROBINSON 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 statewide day.
The SPEAKER sustained the Point of Order.
On motion of Rep. LAW, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1305 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Wednesday, May 8, which was adopted.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Tuesday, May 14, which was adopted.
H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.
Rep. SHEHEEN moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., May 7, 1996
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. 1033:
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 7, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Peeler and Hayes of the Committee of Conference on the part of the Senate on S. 1117:
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Very respectfully,
President
Received as information.
The motion period was dispensed with on motion of Rep. KLAUBER.
The following Bill was taken up.
H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.
Rep. SIMRILL moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up.
H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.
Rep. SCOTT moved to recommit the Bill to the Committee on Education and Public Works.
Rep. SIMRILL moved to table the motion, which was agreed to.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3803CM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-1-40(1) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(1) who is under sixteen seventeen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"
SECTION 2. Section 56-1-50 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-1-50. (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.
(B) The permit is valid only under the following conditions:
(1) in the operation of all vehicles after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m.;
(2) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less.
(C) Except as provided in item (D), while driving, as specified in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.
(D) The restrictions of subsection (C) require the holder of a beginner's permit to be accompanied by an adult during the hours specified in subsection (B)(1), do not apply if the person successfully has completed a driver training course administered by a driver training school or a private, parochial, or public high school conducted by a person holding a valid driver instructor permit contained in Section 56-23-87, and while driving maintains in his possession the certificate of completion he received pursuant to Section 56-23-87.
(E) A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.
(F) The following persons are not required to obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which conducts a driver training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.;
(2) Also exempted from the requirement of the beginner's permit are persons a person enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."
SECTION 3. Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:
"Section 56-1-180. (A) The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.
(B) The special restricted driver's license is valid only under the following conditions:
(1) in the operation of all type vehicles, except that between the hours of after six o'clock p.m. a.m. and no later than six o'clock a.m. p.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m.;
(2) in the operation of all vehicles during hours not specified in subsection (B)(1), the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian;
(3) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3)(4) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-23-87. All persons successfully completing a driver training course conducted by a person holding a valid driver instructor permit as specified in Section 56-23-85, must be issued a certificate of completion in a form consistent with regulations issued by the Department of Public Safety.
SECTION 5. This act takes effect upon approval by the Governor and is applicable to a person applying for a beginner's permit or motor vehicle license on or after January 1, 1997. /
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. COOPER continued speaking.
Rep. SPEARMAN moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Boan Breeland Brown, G. Brown, J. Byrd Clyburn Cobb-Hunter Delleney Felder Fleming Fulmer Hallman Hines, J. Hodges Howard Kinon Kirsh Knotts Lee Lloyd Martin McCraw Moody-Lawrence Neal Neilson Phillips Rhoad Riser Scott Sharpe Sheheen Shissias Spearman Waldrop Whipper, L. Whipper, S. White Williams Witherspoon
Those who voted in the negative are:
Allison Bailey Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Gamble Harrell Harris, J. Harrison Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McTeer Meacham Quinn Rice Richardson Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Tripp Tucker Vaughn Walker Wells Whatley Wilder Wilkins Wofford Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SPEARMAN proposed the following Amendment No. 5, which was rejected.
Strike Sections 1, 2, 3, 4 of bill and add:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-742. Notwithstanding another provision of law, the department shall suspend the driver's license of a driver less than seventeen years of age who accumulates six points as determined by the values contained in Section 56-1-720 for one year."
SECTION 2. This act takes effect upon approval by the Governor and is applicable to a person applying for a beginner's permit or motor vehicle license on or after January 1, 1997.
Add Section 56-1-746(c).
Amend title to conform.
Rep. SPEARMAN explained the amendment.
Rep. COOPER spoke against the amendment.
Rep. COOPER moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Gamble Harrell Harris, J. Harrison Hutson Jaskwhich Keegan Kelley Koon Law Limbaugh Littlejohn Loftis Marchbanks Mason McTeer Meacham Richardson Robinson Sandifer Seithel Simrill Smith, D. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Walker Wells Whipper, S. Wilkins Wofford Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Boan Breeland Brown, G. Brown, J. Byrd Cain Clyburn Cobb-Hunter Davenport Felder Fleming Fulmer Hallman Hines, J. Hodges Howard Kinon Kirsh Klauber Knotts Lanford Lee Limehouse Lloyd Martin McAbee McCraw McElveen Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Rogers Scott Sharpe Sheheen Shissias Spearman Tucker Waldrop Whatley Whipper, L. White Wilder Wilkes Williams Witherspoon Wright
So, the House refused to table the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. FELDER moved to continue the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Breeland Brown, G. Brown, J. Byrd Cain Carnell Clyburn Cobb-Hunter Felder Fleming Fulmer Hallman Hines, J. Howard Kinon Kirsh Klauber Lanford Lee Lloyd Martin McAbee Moody-Lawrence Neal Phillips Rhoad Riser Scott Sharpe Waldrop Whatley Whipper, L. Whipper, S. White Williams Witherspoon
Those who voted in the negative are:
Allison Bailey Boan Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Gamble Harrell Harris, J. Harrison Haskins Hodges Hutson Jaskwhich Keegan Kelley Keyserling Knotts Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McTeer Meacham Neilson Quinn Rice Richardson Robinson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Trotter Vaughn Walker Wells Wilder Wilkes Wilkins Wofford Young Young-Brickell
So, the House refused to continued the Bill.
The question then recurred to the adoption of the amendment.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Cain Clyburn Cobb-Hunter Davenport Felder Fleming Fulmer Govan Hallman Hines, J. Hodges Howard Kinon Kirsh Knotts Lee Lloyd McCraw McElveen Moody-Lawrence Neal Phillips Rhoad Riser Rogers Scott Sharpe Sheheen Shissias Spearman Stoddard Waldrop Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon
Those who voted in the negative are:
Allison Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Gamble Harrell Harris, J. Harrison Haskins Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McTeer Meacham Neilson Quinn Rice Richardson Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Trotter Vaughn Walker Wells Wilkins Wofford Wright Young Young-Brickell
So, the amendment was rejected.
Rep. RICHARDSON proposed the following Amendment No. 6, which was tabled.
Amend the bill, as and if amended, by adding an appropriate Section 56-1-60 which states:
"In school districts which provide Driver Education Programs, that priority for attending these classes by given to 15 year-olds, then 16 year-olds, then 17 year-olds, then 18 year-olds."
Rep. RICHARDSON explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. KIRSH moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Cato Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Easterday Felder Fleming Fulmer Govan Harrell Harris, J. Haskins Hines, J. Hodges Hutson Kinon Kirsh Klauber Knotts Lanford Law Lee Limehouse Lloyd Loftis Marchbanks Martin McCraw McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stoddard Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whipper, L. Whipper, S. Wilder Wilkes Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Cain Carnell Cooper Gamble Hallman Howard Jaskwhich Keegan Kelley Keyserling Koon Littlejohn Mason McAbee McElveen Meacham Richardson Stille Stuart Thomas Whatley
So, the amendment was tabled.
Rep. TOWNSEND moved to adjourn debate upon the Bill.
Rep. FELDER moved to continue the Bill.
Rep. SPEARMAN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the motion to adjourn debate, which was rejected by a division vote of 34 to 54.
Rep. KIRSH proposed the following Amendment No. 7 (Doc Name P:\amend\DKA\3754CM.96), which was rejected.
Amend the Report of the Committee on Education and Public Works, as and if amended, Section 56-1-50(B)(2), SECTION 2, page [3803-2], by inserting after /of/ on line 12 / a pick-up truck, / and inserting a /,/ after /machinery/.
Amend further, Section 56-1-180, SECTION 3, page [3803-3], by inserting after /of/ on line 41 /a pick-up truck,/ and inserting a /,/ after /machinery/.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WALKER moved to table the amendment, which was not agreed to by a division vote of 29 to 40.
Rep. TOWNSEND spoke against the amendment.
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the remainder of the day.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 39 to 39.
Rep. SCOTT proposed the following Amendment No. 8.
Insurance companies must accept any and all driver's training done and completed by those students who have received driver's training by schools approved by DOT.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. TOWNSEND moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up.
H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
H. 4788 -- Reps. Tripp and Cato: A BILL TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9307AC.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-20 of the 1976 Code is amended to read:
"Section 40-45-20. In this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:
(1) 'Physical therapy' shall mean means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry for each patient or upon the written recommendation to the board by two doctors of medicine or dentistry which would authorize the person to perform physical therapy on all patients in accordance with this chapter. The Physical therapy does not include the use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term 'physical therapy' as used in this chapter.
(2) 'Physical therapist' shall mean means a person who practices physical therapy.
(3) 'Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) 'Prescription' shall mean the written or oral designation of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor may be as detailed or as general as the doctor in his sound discretion deems necessary in the particular case.
(5) 'Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200 (8) and (9) are amended to read:
"(8) Who has treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this chapter, or who has undertaken to practice independent of the prescription of a licensed doctor of medicine or dentistry; or
(9) Who has practiced physical therapy and failed to refer to a licensed medical doctor or dentist a patient whose medical condition at the time of evaluation or treatment should have been determined to be beyond the scope of practice of a physical therapist or in violation of the requirements of this chapter;
(9)(10) Who has failed or refused to obey any lawful order or regulation of the board.;"
SECTION 3. Section 40-45-200 (10) and (11) of the 1976 Code, as last amended by Act 85 of 1993, is amended to read:
"(10)(11) Who knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this section or to the regulations of the board; or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy.; or
(11)(12) Who has violated the code of ethics promulgated by the board."
SECTION 4. Section 40-45-220 of the 1976 Code is amended to read:
"Section 40-45-220. (A) A person registered under this chapter as a physical therapist shall may not treat human ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice independent of the prescription of a licensed doctor of medicine or dentistry.
(B) Notwithstanding the definition of physical therapy as provided for in Section 40-45-20, no physical therapist may treat a person for a back or neck ailment, condition, injury, disease, or problem without the prescription of a licensed doctor of medicine or dentistry.
(C) If the condition of a patient undergoing physical therapy does not improve within twenty days after the first treatment, the patient must be referred to an appropriate licensed doctor of medicine or dentistry.
(D) Upon completing twenty consecutive physical therapy sessions or upon passage of thirty days, whichever occurs first, the physical therapist shall discontinue physical therapy treatment and refer the patient to an appropriate licensed doctor of medicine or dentistry.
(E) Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or a physical therapist assistant or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State.
(F) A person registered under this chapter as a physical therapist assistant shall perform his duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his the patient's treatment program by such the therapist, at frequent intervals, not less than after every seventh treatment given by the assistant.
(E) Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall must be punished as set out provided for in Section 40-47-260."
SECTION 5. The 1976 Code is amended by adding:
"Section 40-45-270. (A) Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to:
(1) have paid to a physical therapist or physical therapist assistant a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated.
(B) Nothing contained in this chapter may be construed to limit, enlarge, or otherwise affect any contractual agreement now in effect or entered into after the effective date of this act which provides that a person obtaining physical therapy services must have a prescription from a doctor of medicine licensed under Chapter 47 or from a person licensed to practice dentistry under Chapter 25 in order to be entitled to receive reimbursement for these therapy services."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. HOWARD moved to recommit the Bill.
Rep. TRIPP moved to table the motion to recommit, which was not agreed to by a division vote of 28 to 45.
The question then recurred to the motion to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The following Bill was taken up.
H. 4884 -- Reps. McElveen and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS INCARCERATED TO COMMUNICATE TO ANOTHER PERSON HIS INTENT TO COMMIT A CRIME ONCE HE IS RELEASED FROM CUSTODY AND TO PROVIDE PENALTIES.
Rep. KNOTTS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Joint Resolution was taken up.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. TOWNSEND moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
Rep. STILLE explained the Bill.
Rep. KIRSH moved to recommit the Bill to the Committee on Education and Public Works.
Rep. STILLE moved to table the motion, which was agreed to by a division vote of 35 to 21.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, J. Brown, T. Cain Carnell Cato Cooper Cotty Cromer Dantzler Easterday Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Hines, J. Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Loftis Marchbanks Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neilson Phillips Rice Richardson Riser Robinson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Whipper, S.
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.
Rep. WITHERSPOON moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SEITHEL moved to table the motion, and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Cain Cato Cromer Gamble Hallman Harris, J. Harrison Harvin Hutson Jaskwhich Jennings Keegan Kelley Keyserling Martin Mason McElveen Meacham Neilson Phillips Richardson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Thomas Townsend Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Wofford Young Young-Brickell
Those who voted in the negative are:
Askins Baxley Brown, G. Brown, J. Brown, T. Byrd Carnell Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Fulmer Haskins Hines, J. Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limehouse Lloyd Loftis Marchbanks McCraw McKay Moody-Lawrence Neal Rice Riser Robinson Scott Sharpe Spearman Stille Stoddard Stuart Vaughn White Wilkes Witherspoon Wright
So, the House refused to table the motion.
The question then recurred to the motion to commit the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Brown, G. Brown, J. Brown, T. Byrd Carnell Chamblee Clyburn Cobb-Hunter Cooper Cotty Delleney Easterday Fleming Fulmer Govan Harrell Haskins Hines, J. Kinon Kirsh Klauber Knotts Koon Law Limehouse Lloyd Loftis Marchbanks McAbee McCraw Moody-Lawrence Quinn Rice Riser Robinson Scott Sharpe Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop White Wilkes Williams Witherspoon Wright
Those who voted in the negative are:
Allison Bailey Breeland Cain Cato Cromer Dantzler Gamble Hallman Harris, J. Harrison Harvin Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Lee Mason McElveen McTeer Meacham Neal Neilson Phillips Richardson Sandifer Seithel Sheheen Shissias Simrill Stille Thomas Tucker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Wofford Young Young-Brickell
So, the motion to commit was agreed to.
The following Bill was taken up.
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.
Rep. ROBINSON moved to adjourn debate upon the Bill.
Rep. WILKES moved to table the motion to adjourn debate
Rep. WILKES demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 45 to 21.
Rep. HUTSON proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5864HTC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. A. The State Election Commission shall conduct a statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the Governor, the Speaker of the House, and the President of the Senate. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and to set aside the proceeds of the additional one percent plus additional amounts derived from reduced government spending to provide in equal proportions for property tax relief for motor vehicles, property tax relief on owner-occupied residential property, and to reduce state income taxes on individuals sixty-five and over with the excess above what is required to be used to provide additional relief for the other categories?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
B. This section takes effect upon approval by the Governor./
Renumber sections.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. WILKES raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
Rep. HUTSON argued contra the Point in stating that it had the same substantial effect as the Bill itself and it would put to a referendum the increase of the sales tax by a penny in order to reduce property tax and other taxes.
The SPEAKER stated, citing Rule 9.3, that the Bill dealt with deleting the sales tax on dry cleaning services and the amendment dealt with having a statewide referendum on increasing sales tax statewide for property tax relief and he sustained the Point of Order and ruled the amendment out of order.
Rep. WILKES explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Fleming Fulmer Gamble Harrell Harris, J. Harrison Harvin Haskins Hines, J. Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Lloyd Loftis Mason McAbee McCraw McElveen McTeer Meacham Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Thomas Townsend Tripp Tucker Vaughn Waldrop Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Dantzler Marchbanks Moody-Lawrence Trotter
So, the Bill was read the second time and ordered to third reading.
I oppose H. 4631 because in my opinion, it is special interest legislation. I voted for it on second reading purely for parliamentary reasons. I acknowledge that there are inequities in our sales tax structure. However, H. 4631 does not address these inequities. Rather, it is an attempt to benefit a small part of the service sector of our economy.
Rep. ALFRED B. ROBINSON, JR.
The following Bill was taken up.
S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
Rep. KELLEY moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2486DW.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 6-23-60 of the 1976 Code is amended to read:
"Section 6-23-60. (A) Prior to the proposed acquisition of a project for the generation or transmission of electric power and energy by a joint agency, a petition shall must be filed with the Public Service Commission setting forth such the material as deemed necessary to permit the Public Service Commission to make the determination required by this section. Notice of the filing of such the petition shall must be given by the Public Service Commission once a week for three consecutive weeks in a newspaper of general circulation in the State. A hearing on such the petition shall is to be conducted as provided by law.
(B) The Public Service Commission shall be is authorized to approve or disapprove the proposed acquisition by a joint agency of a project or projects which consists of an electric generating plant or plants and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts, or which consists of electric transmission lines and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more. There is no requirement for approval by the Public Service Commission for a project or projects for other transmission or generating facilities, or for facilities for distribution or transformation, or any of them, of electric power and energy. However, the joint agency may not acquire or purchase projects or capacity if, after the purchase or acquisition, the joint power agency would own, contract for, or control generating resources exceeding one hundred eighty-five percent of the member municipalities historical territorial peak. In determining whether or not it is mutually beneficial to the joint agency and an electric supplier serving the county or counties within which any member municipalities are located, the Public Service Commission shall take into consideration, but shall is not be limited to, the following:
(i)(1) the economies and efficiencies to be achieved in constructing on a large scale, facilities for the generation and transmission of electric power and energy;
(ii)(2) the municipalities' needs for reserve and peaking capacity and to meet obligations under pooling and reserve-sharing agreements reasonably related to its needs for power and energy to which it is or may become a party;
(iii)(3) the estimated useful life of such the project;
(iv)(4) the estimated time necessary for the planning, development, acquisition, or construction of such the project and the length of time required in advance to obtain, acquire, or construct additional power supplies;
(v)(5) the reliability and availability of existing or alternative power supply sources and the costs of such the existing or alternative power supply sources; and
(vi)(6) the load forecast of capacity of a project and the utilization of such the capacity by the joint agency for a reasonable period of time subsequent to the date of commercial operation of the project.
(C) Any party in interest may appeal the Commission's action pursuant to Sections 58-27-2310 to 58-27-2340 of the 1976 Code."/
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Hines, J. Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Lloyd Loftis Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Riser Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young
Those who voted in the negative are:
Cooper Marchbanks Trotter Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
Rep. ROBINSON moved to reconsider the vote whereby H. 4631 was given a second reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4995 -- Reps. Knotts, Gamble, Koon, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO THANK REBECCA WILLIAMS KELLY FOR HER OUTSTANDING DEDICATED LEADERSHIP AND SERVICE AS MAYOR OF SOUTH CONGAREE, SOUTH CAROLINA AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.
H. 4996 -- Reps. Martin, Baxley, Allison, Anderson, Askins, Bailey, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO THANK THE HONORABLE PAULA H. THOMAS FOR HER DEDICATED SERVICE, HER SIGNIFICANT CONTRIBUTIONS, AND HER CAPABLE LEADERSHIP IN THE GENERAL ASSEMBLY AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.
At 4:05 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Retha Hodgin of Fort Mill, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 1:38 P.M.