Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord our God, as we quiet our minds in these moments of prayer, we plead for pure hearts and clean minds and worthy motives to fit us for the high calling to serve Your higher purposes. Amid the swift-changing scenes in life, help us to be loyal to things that matter most. When burdens are heavy, give us strength to carry them. When pressures are great, grant us innner peace. Give us the ability to bear the wounds of criticism, the hurts of misunderstanding, the pains of misjudged endeavors, and the monotony of daily toil. 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 Rep. S. ANDERSON.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas E. Smith, Jr.
Chairman, Judicial Screening Committee
DATE: March 31, l986
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Thomas E. Smith, Jr., Chairman
Sen. John A. Martin
Sen. Isadore E. Lourie
Sen. Glenn F. McConnell
Rep. Solomon Blatt
Rep. James M. Arthur
Rep. D. Malloy McEachin, Jr.
Rep. Joseph F. Anderson, Jr.
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
The following Family Court Judges are running for reelection to their respective seats and are unopposed:
Candidate Circuit Seat
Thomas B. Barrineau, Jr. Sixth Two
William J. McLeod Fourth Three
Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on March 20, l986, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
Screening before the Joint Screening Committee to review candidates for judgeship positions for the Fourth Judicial Circuit and the Sixth Judicial Circuit held in the third floor Senate Conference Room, South Carolina State House, Columbia, South Carolina-on March 20, 1986 commencing at 9:30 A.M.
Members of the Committee:
Senator Thomas E. Smith, Jr., Chairman
Representative D. Malloy McEachin, Jr.
Representative James M. Arthur
Representative Joseph F. Anderson, Jr.
Representative Solomon Blatt
Senator Glenn F. McConnell
Senator Isadore E. Lourie
Senator John A. Martin
Members of the Committee in attendance:
Representative Joseph F. Anderson, Jr.
Representative Anderson: I am going to call this Committee to order. The Screening Committee is convened pursuant to Act 119 of 1975 which requires a review of candidates for judicial office.
The function of this Committee is not to choose between candidates but rather to declare whether or not the candidates who offer for a position on the bench are in the Committee's judgment qualified to fill that position.
The inquiry which we make is a thorough one. After public notice of the vacancy or the expiration of the judge's term we complete a complete personal and professional background check on every candidate. The candidate is investigated by the South Carolina Law Enforcement Division including an examination of records in the Courthouse. A statement of economic interest is required of each candidate. We receive a credit report. We receive a report from the Board of Commissioners on Grievances and Discipline with respect to attorneys and judges who are offering and from the Board of Commissioners on Judicial Standards with respect to sitting judges.
The candidate's personal data questionnaire details his personal history, health and professional experience and contains five letters of reference.
We are here at this time for the purpose of examining a candidate for the vacancy in the Family Court of the Sixth Judicial Circuit, Seat Number Two. Notice of the vacancy was publicly noticed and no candidate has come forward other than the Honorable Thomas B. Barrineau, Jr., of Winnsboro, South Carolina and no citizen has asked to be heard with respect to his candidacy.
Judge Barrineau, I will ask you to raise your hand and take the oath, please, sir.
Thomas B. Barrineau, Jr., candidate for the Sixth Judicial Circuit, Seat Number Two, was duly sworn by Representative Anderson.
EXAMINATION BY REPRESENTATIVE ANDERSON:
Q. Judge, have you had an opportunity to review what we call the Personal Data Questionnaire Summary which is a summary of the answers that you gave in your questionnaire when it was submitted to you?
A. Yes, I have.
Q. Is is correct insofar as you know?
A. Yes, sir, it appears to be very accurate.
Q. Is there anything we need to add to it or clarify in there?
A. No, sir, not that I know of.
Q. Would it be agreeable with you rather than going through each of these questions and putting them on the record to simply just incorporate the summary as a part of the transcript?
A. That is right.
1. Thomas B. Barrineau, Jr.
Home Address: Business Address:
Route 2, Box 25T P. O. Box 366
Winnsboro, SC 29l80 Winnsboro, SC 29l80
2. He was born in Florence County, South Carolina on August 7, l939.
Social Security Number: ***-**-*****
4. He was married to V. Elizabeth Blair on July 29, l963. They have 3 children: Elizabeth Blair (Betsy), age l9; Thomas Basil, III (Tommy), age l7; and Ray Blair (Ray), age l3.
5. Military Service: South Carolina National Guard; l960-l966; Honorable - Enlisted Man
6. He attended the University of South Carolina from l959-l963 (A.B. - Journalism) and the University of South Carolina Law School from l963-l966 (Juris Doctor Law).
8. Legal Experience since graduation from law school:
l966-l967, Horger & Horger Firm, Orangeburg, South Carolina
l967-l969, General practice, Senator John Martin, Winnsboro, South Carolina
l969-l980, General practice, Winnsboro, South Carolina
l969-l980, Part-time Probate Judge of Fairfield County, Winnsboro, South Carolina
l980-l982, Judge of the Family Court, Sixth Judicial Circuit
l982-l986, Judge of the Family Court, Sixth Judicial Circuit
l3. Judicial Office: Fairfield County Probate Judge, l969-l980, elected; Family Court Judge, July, l980-l982, elected; Family Court Judge, l982-l986, elected
23. Health is very good.
25. He wears contact lenses.
30. Civic, charitable, religious, educational, social, and fraternal organizations: University of South Carolina Alumni Association; University of South Carolina Gamecock Club; First Methodist Church
33. Five letters of reference:
(a) Mr. I. Earl Woodruff, President
Bank of Fairfield
P. O. Drawer 239, Winnsboro, SC 29l80
(b) Kenneth G. Goode, Esquire
P. O. Box 488, Winnsboro, SC 29l80
(c) Walter B. Brown, Jr., Esquire
P. O. Box 4l, Winnsboro, SC 29l80
(d) The Honorable John A. Martin
P. O. Box 298, Winnsboro, SC 29l80
(e) The Honorable Leroy I. Montgomery
Sheriff of Fairfield County
P. O. Box 387, Winnsboro, SC 29l80
Q. Judge, in reviewing your file your credit is satisfactory which, of course, is the highest report that they can give. The records of the Fairfield County Sheriff's Office and the City Police Department of Winnsboro are negative which means there is no record there. The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgement Rolls of Fairfield County are negative and I assume if there was anything on the record that it would be in Fairfield County, is that correct?
A. Yes.
Q. The Board of Commissioners of Judicial Standards has reported to us that they have administered no sanctions and no investigations are pending. There are no records of reprimand. The Board of Commissioners of Grievances and Discipline report that as an attorney no complaints or charges of any kind were filed against you. Your Statement of Economic Interest is perfectly satisfactory. There are no indications of any interest which would affect your duties as a judge. I guess you are obviously enjoying serving on the bench?
A. Yes, I have.
Q. How long have you been on the bench?
A. Six years.
Q. Is it what you expected?
A. Yes, sir. It is a very rewarding job.
Q. I've always felt that the Family Court judges had one of the toughest jobs of any public official in South Carolina. I certainly want to commend you for your willingness to do it and the fine job you are obviously doing.
A. Thank you. I appreciate it.
Q. I don't have any further questions and there is no one from the public here to offer any testimony so we thank you and this will conclude that portion of the screening.
A. Thank you very much.
Representative Anderson: We are now at the point of examining the candidate for the vacancy in the Family Court of the Fourth Judicial Circuit, Seat Three. Notice of vacancy was publicly noticed and no candidate has come forward other than the Honorable William J. McLeod of Dillon, South Carolina and no citizen has asked to be heard with respect to his candidacy. So, Judge, I would ask you to raise your hand and take the oath.
William J. McLeod, candidate for the Fourth Judicial Circuit, Seat Three, was duly sworn by Representative Anderson.
EXAMINATION BY REPRESENTATIVE ANDERSON:
Q. Judge, to go through the routine again in regard to your Personal Data Questionnaire Summary, have you had a chance to review this?
A. Yes, sir.
Q. Do you have anything to add or supplement or to explain any question as far as you know?
A. It is right as far as I know.
Q. Do you have any objection to simply incorporating this into the record as part of the official transcript of this Hearing?
A. No, sir.
1. William J. McLeod
Home Address: Business Address:
600 E. Jackson Street P. O. Drawer l027
Dillon, SC 29536 Dillon, SC 29536
2. He was born in Timmonsville, South Carolina on March 24, l9l9.
Social Security Number: ***-**-*****
4. He was married to Sara Carmichael on April 24, l948. They have 2 children: William J., Jr., age 34, employed by General Services Division, State of South Carolina and Martha M. Lee, age 32, housewife.
5. Military Service: April, l942 - January, l946, U.S. Marine Corps, Captain, Discharge: Honorable; January, l949 - July, l975, South Carolina National Guard, Serial #***-**-*****, retired Brigadier General
6. He attended Furman University, l936-l939 (left to enter law school) and University of South Carolina, l939-l942 (LLB).
8. Legal Experience since graduation from law school:
l946-l978, private practice, Dillon, South Carolina
l3. Judicial Office: City Recorder, Dillon, South Carolina, l953-l96l, elected by City Council, Jurisdiction: 30 days or $l00.00; Family Court Judge, July l, l978 to present.
l4. Public Office: Dillon County Board of Education, l96l-l963, appointed; South Carolina House of Representatives, l967-l978, elected.
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: The Gamecock Club, Dillon Lions Club, Dillon Chamber of Commerce, Main Street United Methodist Church, Phi Delta Phi (legal fraternity), KA Social Fraternity, USC Alumni Association, Advisory Board St. Eugene Community Hospital
33. Five letters of reference:
(a) Howard Frye, Vice President
Pee Dee Farm Credit Service
P. O. Box ll0, Dillon, SC 29536
(b) Paul Craven, Vice President
South Carolina National Bank
P. O. Box l029, Dillon, SC 29536
(c) H. F. Bell, President
Chesterfield County Bar Association
P. O. Box l89, Chesterfield, SC 29709
(d) Charles E. Curry, Esquire
P. O. Box l9l, Dillon, SC 29536
(e) William A. Rogers, Esquire
P. O. Box 974, Bennettsville, SC 295l2
Q. Judge, in reviewing your file, again to go through the various reports, your credit is satisfactory. The records of the Dillon County Sheriff's Office and the City Police Department of the City of Dillon are negative. The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgment Rolls of Dillon County are negative and that is your county of residence and if there was anything that needed to be examined, it would be in Dillon County, is that correct?
A. Yes.
Q. The Board of Commissioners on Judicial Standards have reported that they have administered no sanctions and no investigations are pending and there are no reports of reprimand. The Board of Commissioners of Grievances and Discipline report that as an attorney no complaints or charges were filed against you at that time. Your Statement of Economic Interest which is a part of the Committee's records is perfectly satisfactory and there is no indication of any conflict of interest or anything that might impair your ability to serve as a judge. I don't have anything further at this time. How long have you been on the bench?
A. Since '77, about eight years.
Q. Do they keep you pretty busy in Dillon County?
A. Yes, sir, the full circuit they do anyway.
Q. How many counties?
A. Marlboro, Dillon, Chesterfield and Darlington --four.
Q. Do you spend most of your time in one particular county?
A. No, we circulate pretty well as Tom testified and around the State, too, they are moving us around now.
Q. Have you had a chance to sit specially as a Circuit judge any?
A. Yes, sir.
Q. I don't have any further questions. We very much appreciate you coming in today. We know that like all of us you are knee deep in work but we appreciate you coming to Columbia to appear before the Committee and we thank you for the valuable service that you are rendering to our State.
Q. Thank you for coming out.
Representative Anderson: That is all the questions the Committee has. For your information, both of you, we propose to introduce a resolution to set the election date on Wednesday, April 19th-I'm sorry, Wednesday, April 9th, and generally the elections are twelve noon so it will be a joint assembly. Of course, the resolution will have to pass and there is a possibility we will have a conflict.
Mr. McLeod: Will one of you do the nominating or do we need to get somebody?
Representative Anderson: Yes. Normally on the uncontested re-elections someone from the Screening Committee will nominate both of you at one time. You certainly have the option, if you want to, to have someone to make a nominating speech and second or anything.
Mr. McLeod: I didn't want it to slip by.
Mr. Barrineau: You want to get your name in the hat somehow.
Representative Anderson: We will send you a copy of the transcript of this Hearing this morning.
(Off the record)
(Whereupon, the Hearing was concluded at 9:40 A.M.)
The Judicial Screening Committee has investigated the qualifications of the following candidates and finds each to be qualified to seek election.
Candidate Circuit Seat
Thomas B. Barrineau, Jr. Sixth Two
William J. McLeod Fourth Three
Respectfully submitted,
Thomas E. Smith, Jr., Chairman
Sen. John A. Martin
Sen. Isadore E. Lourie
Sen. Glenn F. McConnell
Rep. Solomon Blatt
Rep. James M. Arthur
Rep. D. Malloy McEachin, Jr.
Rep. Joseph F. Anderson, Jr.
Received as information.
The following was received.
April 1, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives
Dear Lois:
I have enjoyed these last six years serving as Speaker of the House of Representatives more than anyone could ever possibly imagine.
As you know, I have decided not to offer for reelection as a Member of the House and feel very strongly that the sitting House should have the opportunity of electing my successor as its Speaker.
Accordingly, I will appreciate your notifying the Members of the House, by the publication of this letter in the House Journal, that effective October 1, 1986, I herewith tender my resignation as Speaker of the House.
I shall forever be indebted to you for your magnificent assistance during the time that I have served as Speaker.
Sincerely yours,
Ramon Schwartz, Jr.
Received as information.
On motion of Rep. DANGERFIELD, with unanimous consent, Rep. S. ANDERSON's remarks were ordered printed in the Journal as follows:
I would like to express, on behalf of myself and the entire House, our sincere appreciation to Speaker Ramon Schwartz for his long and faithful service as a member and Speaker of the House of Representatives. To show our appreciation, I would like for everyone to rise and give Speaker Schwartz a standing ovation.
The following was received.
April 2, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 527)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 1, 1986 regulations concerning Amendments to Regulations 105-1 through 105-32 relating to the licensing and business of Real Estate from the South Carolina Real Estate Committee.
They are hereby referred to the Committee on Judiciary for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following were received.
April 1, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 652)
Dear Lois:
The South Carolina Department of Health and Environmental Control is hereby withdrawing and simultaneously resubmitting regulations pertaining to Mobile Home Parks, effective April 1, 1986.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
April 1, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 670)
Dear Lois:
The South Carolina State Budget and Control Board (State Fire Marshal) is hereby withdrawing and simultaneously resubmitting regulations relating to Transportation and Use of Pyrotechnics, effective April 1, 1986.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, and a report recommending that the Bill be referred to the Committee on Ways and Means on:
H. 3645 -- Reps. Mangum, McLellan, McLeod and Kirsh: A BILL TO REQUIRE DOMESTIC INSURANCE COMPANIES TO PAY THE SAME LICENSE FEES AND TAXES REQUIRED OF FOREIGN INSURANCE COMPANIES; TO REQUIRE ALL INSURANCE FEES AND TAXES TO BE PAID TO THE CHIEF INSURANCE COMMISSIONER; TO PROVIDE FOR DISTRIBUTION OF PART OF PREMIUM TAXES TO COUNTIES IN LIEU OF COUNTY FEES AND TAXES; TO AMEND SECTION 38-57-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORT OF PREMIUMS OF FOREIGN FIRE INSURANCE COMPANIES SO AS TO REQUIRE FIRE INSURANCE COMPANIES TO FILE AN ANNUAL REPORT IF THEY ARE INCORPORATED IN THIS STATE AS WELL AS IN ANOTHER STATE OR COUNTRY; TO CONTINUE THE INSURANCE TAX STUDY COMMITTEE; AND TO REPEAL SECTIONS 38-5-310, 38-5-320, 38-5-330, 38-5-340, 38-5-350, 38-5-360, 38-5-370, 38-5-380, 38-5-390, 38-5-400, 38-5-410, 38-5-420, 38-5-430, 38-5-440, 38-5-450, 38-5-460, 38-5-470, 38-5-480, AND 38-5-500, 1976, RELATING TO THE COLLECTION AND DISPOSITION OF INSURANCE COMPANY LICENSE FEES AND TAXES.
On motion of Rep. McLELLAN the Bill was referred to the Committee on Ways and Means.
The following was introduced:
H. 3746 -- Reps. Aydlette, Winstead, Foxworth and D. Martin: A HOUSE RESOLUTION TO AMEND RULE 3.10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE FOR THE SEATING OF MEMBERS BY SENIORITY OR ALPHABETICALLY.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 3747 -- Reps. Aydlette, Foxworth and D. Martin: A HOUSE RESOLUTION TO AMEND RULE 1.9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO COMMITTEES, SO AS TO PROVIDE FOR APPOINTMENT OF MEMBERS BY SENIORITY.
The Resolution was ordered referred to the Committee on Rules.
The Senate sent to the House the following:
S. 1137 -- Senators Waddell, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E.J. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION URGING THE UNITED STATES SENATE TO REJECT THOSE PORTIONS OF H.R. 3838, THE TAX REFORM ACT OF 1985, WHICH HAS PASSED THE UNITED STATES HOUSE OF REPRESENTATIVES, OR ANY OTHER SIMILAR TAX LEGISLATION ADVERSELY IMPACTING SOUTH CAROLINA'S FOREST PRODUCTS INDUSTRY AND URGING THE UNITED STATES CONGRESS TO PURSUE ONLY TAX REVISIONS THAT PROMOTE ECONOMIC GROWTH, PRODUCTIVITY, INTERNATIONAL COMPETITIVENESS, AND SOUND FOREST MANAGEMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1201 -- Senators Garrison and Doar: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO ACCELERATE PAYMENT TO QUALIFIED FARMERS OF THE AMOUNTS AUTHORIZED BY THE FOOD SECURITY ACT OF 1985.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. FREEMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3751 -- Reps. Schwartz and Freeman: A HOUSE RESOLUTION TO PROVIDE THAT THE HOUSE OF REPRESENTATIVES SHALL MEET IN THE HALL OF THE HOUSE AT 12:30 P.M. ON TUESDAY, APRIL 8, 1986, FOR THE PURPOSE OF ELECTING A SPEAKER OF THE HOUSE TO SUCCEED THE HONORABLE RAMON SCHWARTZ.
Be it resolved by the House of Representatives:
That the House of Representatives shall meet in the Hall of the House at 12:30 P.M. on Tuesday, April 8, 1986, for the purpose of electing a Speaker of the House to succeed the Honorable Ramon Schwartz.
Be it further resolved that the mandatory adjournment of the House of Representatives at 12:30 P.M. on Tuesdays, as provided by the Rules of the House, shall not occur until the completion of this election.
The Resolution was adopted.
The following was introduced:
H. 3754 -- Reps. Taylor, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd Hendricks, McBride, T. Rogers and Toal: A HOUSE RESOLUTION RECOGNIZING THE MANY OUTSTANDING ACHIEVEMENTS OF DOCTOR M. MACEO NANCE, JR., PRESIDENT OF SOUTH CAROLINA STATE COLLEGE AND EXPRESSING THE APPRECIATION TO THE GREATER COLUMBIA CHAPTER OF THE SOUTH CAROLINA STATE COLLEGE NATIONAL ALUMNI ASSOCIATION FOR THE CELEBRATION OF HIS SUCCESSFUL CAREER WHICH WILL BE HELD APRIL 5, 1986, AT SEAWELL'S RESTAURANT.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3748 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 37-4-301, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND LIABILITY INSURANCE, SO AS TO PROVIDE THAT ANY CHARGE FOR INSURANCE AGAINST LOSS OF OR DAMAGE TO PROPERTY MAY BE SUBJECT TO A MINIMUM CHARGE OF TWO DOLLARS.
Without reference.
H. 3749 -- Reps. Lloyd I. Hendricks and Evatt: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE ADDITIONAL REVENUE BONDS FOR STADIUM EXPANSION, SO AS TO AUTHORIZE THE BOARD TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF VARIOUS UNIVERSITY-OWNED ATHLETIC FACILITIES IN ADDITION TO THE IMPROVEMENTS AUTHORIZED FOR WILLIAMS BRICE STADIUM.
On motion of Rep. MANGUM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3750 -- Reps. McLellan, McAbee, Simpson, Dangerfield, B.L. Hendricks, Sharpe, Cork, L. Martin, Foxworth, Koon, Cooper, Brett and McKay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 IN TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, SO AS TO PROVIDE THE METHOD OF BRINGING AND DEFENDING ACTIONS FOR MALPRACTICE AGAINST LICENSED HEALTH CARE PROVIDERS BY PROVIDING, AMONG OTHER THINGS, FOR STATUTES OF LIMITATIONS IN MALPRACTICE ACTIONS, TO REQUIRE PLAINTIFFS TO ATTACH AFFIDAVITS STATING THAT THE CASE HAS BEEN REVIEWED BY A LICENSED HEALTH CARE PROVIDER WHO GIVES A WRITTEN OPINION THAT THE CLAIM IS MERITORIOUS; TO REQUIRE A DEFENDANT TO ATTACH AN AFFIDAVIT TO ALL PLEADINGS DENYING LIABILITY OF A LICENSED HEALTH CARE PROVIDER THAT THE CLAIM IS WITHOUT MERIT AND TO MAKE FAILURE TO ATTACH THE APPROPRIATE AFFIDAVITS GROUNDS FOR DISMISSING THE ACTION; AND TO PROHIBIT PLEADINGS DEMANDING A SUM CERTAIN; TO AMEND THE 1976 CODE BY ADDING SECTION 15-51-45 IN ARTICLE 1 OF CHAPTER 51 OF TITLE 15 RELATING TO THE WRONGFUL DEATH ACT SO AS TO PROHIBIT PUNITIVE DAMAGES AGAINST A LICENSED HEALTH CARE PROVIDER IN AN AMOUNT EXCEEDING ACTUAL DAMAGES AWARDED, TO AMEND THE 1976 CODE BY ADDING CHAPTER 69 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CONTINGENT JOINT UNDERWRITING ASSOCIATIONS TO PROVIDE PROFESSIONAL LIABILITY INSURANCE WHEN IT IS OTHERWISE UNAVAILABLE AND TO PROVIDE FOR ITS OPERATIONS AND GOVERNANCE, AND TO AMEND ACT 306 OF 1975, AS AMENDED, RELATING TO THE JOINT UNDERWRITING ASSOCIATION FOR PROVIDING PHYSICIANS AND DENTISTS MALPRACTICE INSURANCE SO AS TO, AMONG OTHER THINGS, RAISE LIABILITY LIMITS, DELETE REFERENCES TO COMMISSION ARRANGEMENTS, ALTER APPLICATION REQUIREMENTS, RECONSTITUTE THE BOARD OF DIRECTORS, AND REQUIRE ADDITIONAL ANNUAL REPORTING.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Day Derrick Evatt Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lake Lewis Mangum Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 3, 1986.
Bill Cork R. Linwood Altman William H. Jones L. Edward Bennett Thomas N. Rhoad Lloyd I. Hendricks Dave C. Waldrop Denny W. Neilson James E. Lockemy Larry Blanding Ralph Davenport Tom Limehouse Paul Short Grady Brown Rick Rigdon Derial Ogburn Lenoir Sturkie Dick Elliott W.D. Arthur Robert A. Kohn
INTRODUCTION OF BILL
On motion of Rep. R. BROWN, with unanimous consent, the following Bill was introduced, read the first time and ordered placed on the calendar without reference.
H. 3752 -- Reps. R. Brown and McLeod: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR MARION COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF MARION COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Rep. R. BROWN, with unanimous consent, it was ordered that H. 3752 be read the second and third times the next two successive legislative days.
The SPEAKER granted Rep. T.W. EDWARDS a leave of absence for the day.
The SPEAKER granted Rep. TOAL a temporary leave of absence.
The SPEAKER granted Rep. STODDARD a temporary leave of absence to attend a Highway Commission meeting.
Rep. W.H. JONES signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 2, 1986.
Announcement was made that G.B. Hodge of Spartanburg is the Doctor of the Day for the General Assembly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 1083 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981 RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY SO AS TO REVISE THE PERIOD WITHIN WHICH CANDIDATES MUST FILE FOR ELECTION TO THESE OFFICES.
S. 1194 -- Senators Horace Smith, E. Patterson and Lee: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF BOILING SPRINGS STATION C PRECINCT TO BOWEN PRECINCT, WHITESTONE CROFT STATION A PRECINCT TO CROFT PRECINCT, AND WHITESTONE CROFT STATION B PRECINCT TO WHITE STONE PRECINCT; TO CORRECT THE DESCRIPTION OF CANNON'S CAMPGROUND AND DRAYTON PRECINCTS; AND TO CHANGE THE VOTING PLACE FOR CLIFTON PRECINCT FROM ST. ANDREWS METHODIST CHURCH TO CLIFTON SECOND BAPTIST CHURCH.
Rep. B.L. HENDRICKS moved to adjourn debate upon the following Bill, which was adopted.
H. 3691 -- Reps. B.L. Hendricks, L. Martin and Simpson: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3714 -- Rep. Ferguson: A BILL TO AMEND ARTICLE 1, CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT ALL CHILDREN ENTERING THE PUBLIC SCHOOL SYSTEM OF THIS STATE MUST BE TESTED DURING THEIR FIRST SCHOOL YEAR BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE PRESENCE OF THE SICKLE CELL ANEMIA DISEASE AND THE SICKLE CELL GENE, AND TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIAN OF ANY CHILD FOUND TO HAVE SICKLE CELL ANEMIA OR THE SICKLE CELL GENE MUST BE NOTIFIED BY THE CHILD'S SCHOOL OF THIS FACT.
The following Bill was taken up.
S. 1192 -- Senators Nell W. Smith and J. Verne Smith: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, April 2, by Rep. B.L. HENDRICKS.
Rep. TAYLOR objected to the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. B.L. HENDRICKS asked unanimous consent that S. 1192 be read a third time tomorrow.
Rep. McABEE objected.
Rep. B.L. HENDRICKS moved to reconsider the vote whereby debate was adjourned on the following Bill which was agreed to.
H. 3691 -- Reps. B.L. Hendricks, L. Martin and Simpson: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.
Rep. B.L. HENDRICKS moved to table the Bill which was agreed to.
The following Bill was taken up.
H. 3301 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE OR PERMIT REQUIRED OF WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO PROVIDE THAT THE STATE BOARD OF PYROTECHNIC SAFETY INSTEAD OF THE STATE FIRE MARSHAL SHALL REGULATE THESE LICENSES, TO INCREASE THE RETAILERS ANNUAL LICENSE FEE FROM FIFTY TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO DELETE THE REQUIREMENT THAT A RETAILER'S LICENSE OR PERMIT MUST BE OBTAINED FROM THE MUNICIPAL CLERK OR FROM THE COUNTY CLERK OF COURT, DEPENDING ON THE LOCATION OF THE SALE, AND REQUIRE THE STATE BOARD OF PYROTECHNIC SAFETY TO APPROVE ALL RETAIL LICENSES, AND TO DELETE THE PROVISIONS AUTHORIZING A COUNTY OR MUNICIPALITY TO RETAIN FUNDS DERIVED FROM THE SALE OF PERMITS.
Rep. HEARN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3320 -- Rep. T.M. Burriss: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, IF THE APPLICANT IN A SWORN AFFIDAVIT DECLARES THAT AT LEAST ONE PERSON WHO IS NOW IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS CURRENTLY IN THE PROCESS OF TAKING THE TEST REQUIRED TO OBTAIN NICET LEVEL III CERTIFICATION AND TO PROVIDE THAT A VIOLATION OF THIS ACT OR FAILURE TO COMPLY WITH A CEASE AND DESIST ORDER IS CAUSE FOR REVOCATION OF A LICENSE INSTEAD OF THE STATE FIRE MARSHAL'S CERTIFICATE.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5731K).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 15 of Act 188 of 1985 is amended to read:
"Section 15. Whenever the State Fire Marshal has reason to believe that any person is or has been violating any provision of this act he or his deputy or assistant may issue and deliver to the person an order to cease and desist such violation. Any person who fails to comply with any order under this section is guilty of a misdemeanor and may be punished as provided by law. In addition, the State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any provision of this act or failure to comply with a cease and desist order is cause for revocation of the State Fire Marshal's certificate license. Decisions may be appealed in the same manner as provided for in Section 23-9-70 of the 1976 Code."
SECTION 2. Act 188 of 1985 is amended by adding:
"Section 15A. The requirement that an applicant have a NICET Level III certificate holder who is at present a full-time owner, partner, officer, or in a management position is waived until January 31, 1987, if the application is accompanied by a sworn affidavit that at least one person that is now a full-time owner, partner, officer, or in a management position with the applicant is currently in the process of taking the test required to obtain NICET Level III certification."
SECTION 3. Act 188 of 1985 is amended by adding a new Section 13A to read:
"Section 13A. The provisions of this act do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer.
SECTION 3. This act shall take effect upon approval by the Governor.
Rep. T.M. BURRISS explained the amendment.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3427 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 40-1-190, 40-1-200, 40-1-240, AND 40-1-560, ALL AS AMENDED, AND 40-1-50, 40-1-150, 40-1-180, 40-1-250, 40-1-360, 40-1-510, 40-1-520, 40-1-530, AND 40-1-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS, SO AS TO CHANGE REFERENCES FROM CORPORATION TO PROFESSIONAL ASSOCIATION; PROVIDE THAT THE BOARD OF ACCOUNTANCY COLLECT FEES AND DEPOSIT THE FEES IN THE GENERAL FUND OF THE STATE; PROVIDE THAT AN APPLICANT FOR EXAMINATION MUST DEMONSTRATE THAT HE DOES NOT HAVE A HISTORY OF DISHONEST OR FELONIOUS ACTS AND THAT HE HAS A BACCALAUREATE DEGREE AND A MINIMUM OF TWENTY-FOUR HOURS OR THE EQUIVALENT IN ACCOUNTING AND PROVIDE FOR A WAIVER OF EDUCATIONAL REQUIREMENTS FOR A PUBLIC ACCOUNTANT WHO IS PRACTICING ON JULY 1, 1965; PROVIDE THAT THE DATES SET IN A NEWSPAPER FOR THE EXAMINATION TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT MUST APPEAR IN THE NEWSPAPER BY SEPTEMBER FIRST FOR THE NOVEMBER EXAMINATION AND BY MARCH FIRST FOR THE MAY EXAMINATION AND THE APPLICATION MUST BE SUBMITTED ON THESE DATES AND TO INCREASE THE INITIAL EXAMINATION FEE FOR A CERTIFIED PUBLIC ACCOUNTANT FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS AND THE FEE FOR REEXAMINATION FROM FORTY DOLLARS TO EIGHTY DOLLARS; PROVIDE THAT THE FEE FOR A CERTIFICATE OF REGISTRATION AS A CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF TWENTY-FIVE DOLLARS; PROVIDE THAT THE WAIVER OF EXAMINATION FOR A CERTIFIED PUBLIC ACCOUNTANT DOES NOT APPLY TO A PERSON WHO HOLDS A CERTIFICATE OR DEGREE OF A FOREIGN COUNTRY; PROVIDE THAT THE FEE FOR NONRESIDENT CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF THIRTY-EIGHT DOLLARS; TO MAKE A TECHNICAL CORRECTION BY STRIKING COURT AND INSERTING COURSE; REMOVE THE GRANDFATHER PROVISIONS FOR ACCOUNTING PRACTITIONERS WHO ARE LICENSED TO PRACTICE AS OF JUNE 11, 1969, OR JULY 1, 1970, RESPECTIVELY, AND TO STRIKE A SIMILAR PROVISION FOR MEMBERS OF THE ARMED FORCES; PROVIDE THAT DEFAULT IN PAYMENT OF THE LICENSE FEE BY AN ACCOUNTING PRACTITIONER SHALL RESULT IN REVOCATION OF THE CERTIFICATE OF REGISTRATION OR LICENSE; REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY; AND TO REPEAL SECTION 40-1-260 RELATING TO PERSONS ENTITLED TO REGISTRATION AS A PUBLIC ACCOUNTANT UNTIL JANUARY 1, 1972.
Rep. SHEHEEN explained the Bill.
H. 3743 -- Reps. Holt, Foxworth, J. Bradley, Washington and D. Martin: A BILL TO AMEND SECTION 50-17-1066, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN A PORTION OF GAME ZONE NO. 6, SO AS TO INCREASE THE SIZE OF THE AREA.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3427 be read the third time tomorrow.
The following Bill was taken up.
H. 3744 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-59-140 THROUGH 38-59-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF LICENSED HEALTH CARE PROVIDERS, SO AS TO CHANGE THE METHOD BY WHICH PROVIDERS MAY PARTICIPATE IN THE FUND; REQUIRE THAT IN ADDITION TO ANNUAL MEMBERSHIP FEES, THE BOARD MAY MAKE DEFICIT ASSESSMENTS WHEN INSUFFICIENT FUNDS ARE AVAILABLE TO MEET THE FUND'S LIABILITY, TO PROVIDE THAT MEMBERSHIP IN THE FUND IS CONTINGENT UPON THE FUND MEMBER MAKING TIMELY PAYMENTS OF ALL MEMBER FEES AND DEFICIT ASSESSMENTS; DELETE THE REQUIREMENT THAT THE STATE TREASURER MUST INVEST AND REINVEST THE FUND IN SHORT-TERM INTEREST BEARING INVESTMENTS; DELETE THE REQUIREMENT THAT REPORTS OF AUDITS OF THE FUND BE PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, TO PROVIDE A PROCEDURE BY WHICH HEALTH CARE PROVIDERS MAY WITHDRAW FROM PARTICIPATION IN THE FUND; DELETE THE PROVISION THAT A PROVIDER PARTICIPATING IN THE FUND IS LIABLE FOR LOSSES UP TO THE AMOUNT OF ITS COVERAGE AND TO AUTHORIZE THE PROVIDER TO RECEIVE AN APPROPRIATE REDUCTION OF ITS ASSESSMENT OF THE FUND; AND DELETE THE REQUIREMENT THAT ANY PERSON AFFECTED BY ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND MAY APPEAL TO THE COMMISSION WITHIN THIRTY DAYS AND TO ADD THE PROVISION THAT ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND IS SUBJECT TO REVIEW AS PROVIDED IN SECTION 1-23-380.
Rep. McLEOD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8, Rep. J. BRADLEY having the floor.
S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.
Debate was resumed on Amendment No. 8, which was introduced on Wednesday, April 2, by Rep. J. BRADLEY.
Rep. J. BRADLEY continued speaking.
Rep. LEWIS spoke against the amendment and moved to table the amendment which was agreed to.
Rep. J. BRADLEY proposed the following Amendment No. 9, which was tabled.
Amend as and if amended.
By deleting June 11, 1980 on line 28, page 4 and inserting in lieu thereof "the effective date of this act".
Amend to conform.
Rep. J. BRADLEY explained the amendment.
Rep. LEWIS moved to table the amendment which was agreed to.
Rep. J. BRADLEY proposed the following Amendment No. 11, which was tabled.
Amend as and if amended.
Delete lines 27-31, Page 3, beginning with the word "no" on line 31.
Amend to conform.
Rep. J. BRADLEY moved to adjourn debate upon the amendment, which was rejected.
Rep. J. BRADLEY explained the amendment.
Rep. LEWIS moved to table the amendment which was agreed to.
Rep. J. BRADLEY proposed the following Amendment No. 12, which was tabled.
Amend as and if amended.
By deleting "United States Secretary of Transportation" on line 2 page 2 and inserting "S.C. Department of Highways and Public Transportation".
Amend to conform.
Rep. J. BRADLEY explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 43 to 15.
Rep. J. BRADLEY proposed the following Amendment No. 13, which was ruled out of order.
Amend as and if amended.
delete lines 18-38 on page 3.
Amend to conform.
Rep. J. BRADLEY explained the amendment.
Rep. LEWIS raised the Point of Order that Amendment No. 13 was out of order as it was identical to Amendment No. 6, which had already been voted upon by the House.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. TOAL and J. BRADLEY proposed the following Amendment No. 14, which was tabled.
Amend as and if amended.
Section 3, at page 10 (A-11) of the printed bill by striking "Sept. 1, 1988" at lines 4, 12, 14, 19, 37-38, 39 and at page 11 (A-12) at line 2 and substituting therefor "Sept. 1, 1987".
Rep. J. BRADLEY explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment which was agreed to.
Rep. TOAL proposed the following Amendment No. 15, which was tabled.
Amend as and if amended.
Section 7 at page 12 (A-13) line 29 by adding after the words Charleston County, the words "Blossom Street Bridge and Gervais Street Bridge", in Richland and Lexington Counties.
Rep. J. BRADLEY explained the amendment.
Rep. KLAPMAN spoke in favor of the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Arthur, W. Bailey, G. Barfield Beasley Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Davenport Faber Gentry Hayes Hearn Johnson, J.C. Johnson, J.W. Jones Keyserling Koon Lake Lewis Limehouse Lockemy Marchant Martin, D. Martin, L. Mattos McEachin McLellan McTeer Moss Neilson Ogburn Petty Phillips, L. Phillips, O. Rhoad Rice Sharpe Shelton Short Townsend Waldrop White Williams
Those who voted in the negative are:
Schwartz Blackwell Bradley, J. Cork Dangerfield Derrick Foxworth Freeman Harris, J. Hendricks, B. Hendricks, L. Holt Kirsh Klapman Mangum McBride Sheheen Simpson Thrailkill
So, the amendment was tabled.
Reps. TOAL and J. BRADLEY proposed the following Amendment No. 10, which was tabled.
Amend as and if amended.
Section 3, at page 10 (A-11) of the printed bill by striking "Sept. 1, 1988" at lines 4, 12, 14, 19, 37-38, 39 at page 11, (A-12) at line 2 and substituting therefor "Sept. 1, 1986"
Rep. J. BRADLEY explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment which was agreed to.
Rep. J. BRADLEY spoke against the Bill.
Rep. LEWIS spoke in favor of the Bill.
The SPEAKER granted Rep. SHELTON a leave of absence for the remainder of the day.
Reps. SIMPSON and THRAILKILL spoke against the Bill.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Aydlette Bailey, G. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Derrick Faber Fair Felder Ferguson Gordon Gregory Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Koon Lake Lewis Limehouse Lockemy Marchant Martin, D. Martin, L. Mattos McAbee McEachin McLellan McTeer Mitchell Moss Neilson Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Sharpe Sheheen Short Stoddard Taylor Townsend Waldrop Washington White Williams Winstead
Those who voted in the negative are:
Schwartz Bradley, J. Cork Foxworth Freeman Gentry Harris, J. Hendricks, B. Hendricks, L. Kirsh Mangum McBride McKay Simpson Thrailkill
So, the Bill was read the second time and ordered to third reading.
I wish to be recorded as voting in favor of S. 344.
REP. S. ANDERSON
I was off of the Floor when the Final vote was taken on S. 344. I wish to be recorded as voting in Favor of this Bill.
REP. ALEX HARVIN
I was out of the House Chamber when the vote on the truck bill S. 344 was taken.
Had I been present I would have voted yes for passage.
REP. DICK ELLIOTT
On motion of Rep. B.L. HENDRICKS, with unanimous consent, it was ordered that S. 1192 be read the third time tomorrow.
The following was introduced:
H. 3753 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3530, RELATING TO MANDATORY RETIREMENT FOR MEMBERS OF THE HIGHWAY PATROL, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION S. 344 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3530 UNTIL SECOND READING OR OTHER DISPOSITION.
Rep. FREEMAN explained the Resolution.
Rep. T.M. BURRISS proposed the following Amendment No. 1 (Doc. No. 3530R), which was tabled.
Reference is to the House Resolution as introduced by the Rules Committee, dated April 2, 1986, Document No. 3508R.
Amend the Resolution, as and if amended, on the third and fourth lines, after the resolve clause, by striking /second reading or other disposition of S. 344/ and inserting /the call of the uncontested calendar on Wednesday, April 23, 1986,/.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. WASHINGTON moved to table the amendment which was agreed to.
Rep. T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 3554R), which was tabled.
Reference is to the House Resolution as introduced by the Rules Committee, dated April 2, 1986, Document No. 3508R.
Amend the Resolution, as and if amended, on the third and fourth lines, after the resolve clause, by striking /second reading or other disposition of S. 344/ and inserting /the call of the uncontested calendar on Tuesday, April 8, 1986,/.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. BEASLEY moved to table the amendment which was agreed to.
Rep. McABEE proposed the following Amendment No. 3, which was tabled.
Amend as and if amended, by striking second reading of S. 344, by inserting after 3rd reading of House Bill 3283.
Rep. McABEE explained the amendment.
Rep. SHEHEEN moved to table the amendment which was agreed to by a division vote of 37 to 33.
The question then recurred to the adoption of the Resolution.
Rep. KIRSH moved to table the Resolution.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cooper Evatt Freeman Harris, P. Hayes Hearn Hendricks, B. Holt Huff Johnson, J.C. Kay Kirsh Klapman Koon Martin, L. McAbee McBride McLellan Simpson Townsend
Those who voted in the negative are:
Schwartz Alexander Arthur, J. Aydlette Bailey, G. Beasley Bennett Boan Bradley, J. Bradley, P. Brown, J. Brown, R. Chamblee Cleveland Cork Dangerfield Davenport Derrick Fair Felder Ferguson Foxworth Gentry Gilbert Gordon Hawkins Hendricks, L. Johnson, J.W. Jones Keyserling Lake Lewis Limehouse Lockemy Marchant Mattos McEachin McKay McLeod Mitchell Moss Neilson Petty Phillips, L. Phillips, O. Rice Rogers, T. Russell Sharpe Sheheen Stoddard Taylor Thrailkill Waldrop Washington White Winstead
So, the House refused to table the Resolution.
Rep. FELDER moved that the House recede for one hour.
Rep. HOLT moved that the House do now adjourn.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Aydlette Bennett Blanding Brown, G. Burriss, M.D. Burriss, T.M. Cooper Dangerfield Davenport Evatt Ferguson Foxworth Freeman Harris, P. Hearn Hendricks, B. Holt Kay Kirsh Koon Marchant Martin, D. McLellan Mitchell Phillips, O. Sheheen Short Simpson
Those who voted in the negative are:
Schwartz Alexander Bailey, G. Barfield Beasley Blackwell Boan Bradley, J. Bradley, P. Brett Brown, H. Carnell Chamblee Cleveland Cork Derrick Fair Felder Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Hendricks, L. Johnson, J.C. Johnson, J.W. Jones Keyserling Klapman Lake Lewis Limehouse Lockemy Martin, L. McAbee McBride McEachin McKay McTeer Moss Neilson Nettles Petty Phillips, L. Rice Rogers, T. Sharpe Taylor Thrailkill Townsend Tucker Waldrop Washington White Wilkins Winstead Woodruff
So, the House refused to adjourn.
Rep. FELDER withdrew his motion to recede for one hour.
Further proceedings were interrupted by unanimous consent requests, the pending question being consideration of the Resolution.
On motion of Rep. AYDLETTE, with unanimous consent, his motion to reconsider the vote whereby the following Bill was given a third reading was taken up and agreed to.
H. 3628 -- Rep. Aydlette: A BILL TO ADD TO THE STATE HIGHWAY SYSTEM REGATTA, GRAND CONCOURSE, AND HARBORTOWNE ROADS IN CHARLESTON COUNTY.
Rep. AYDLETTE moved to table the Bill which was agreed to.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 344 be read the third time tomorrow.
Rep. HAYES, with unanimous consent, withdrew his objection to the following Bill.
H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.
Debate was resumed on the following Resolution, the pending question being the consideration of the Resolution.
H. 3753 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3530, RELATING TO MANDATORY RETIREMENT FOR MEMBERS OF THE HIGHWAY PATROL, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION S. 344 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3530 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3530 be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 344 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3530 is given second reading or it is otherwise disposed of.
Rep. McABEE proposed the following Amendment No. 4, which was ruled out of order.
Amend as and if amended, by striking on the third and fourth lines after the resolve clause /the call of the uncontested calendar on Tuesday, April 8, 1986/ and inserting, therefor after consideration of H. 3283 on third reading.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 4 was out of order as it was identical to Amendment No. 3, which had already been voted upon by the House.
The SPEAKER sustained the Point of Order, and ruled the amendment out of order.
Rep. T.M. BURRISS moved to reconsider the vote whereby Amendment No. 2 was tabled.
Rep. SHEHEEN raised the Point of Order that Rep. T.M. BURRISS had not voted on the prevailing side, therefore the motion to reconsider was out of order.
The SPEAKER sustained the Point of Order.
Rep. McABEE moved to table the Resolution.
Rep. SHEHEEN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the adoption of the Resolution.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The Resolution was adopted by a division vote of 57 to 32.
On motion of Rep. LOCKEMY, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.
The Bill was read the third time and ordered sent to the Senate.
Reps. SIMPSON and COOPER asked unanimous consent to withdraw their objections to H. 3200.
Rep. HOLT objected.
Reps. DANGERFIELD and GORDON asked unanimous consent to withdraw their objections to H. 3325.
Rep. LIMEHOUSE objected.
Rep. P. HARRIS, with unanimous consent, withdrew his objection to H. 3671 however, other objections remained upon the Bill.
Rep. T.M. BURRISS moved that the House do now adjourn.
Rep. SHEHEEN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. CARNELL asked unanimous consent that H. 3283 be read a third time tomorrow.
Rep. SHEHEEN objected.
The following Bill was taken up.
H. 3530 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1537, SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SIXTY-TWO YEARS FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Rep. L. MARTIN moved to table the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Burriss, M.D. Burriss, T.M. Cooper Freeman Harris, P. Hearn Hendricks, B. Holt Kay Kirsh Klapman Koon Martin, L. McLellan Simpson Thrailkill Townsend
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Bennett Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Brown, R. Carnell Chamblee Cleveland Cork Dangerfield Davenport Day Derrick Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harvin Hawkins Hayes Hendricks, L. Huff Johnson, J.C. Jones Keyserling Lake Limehouse Lockemy Martin, D. Mattos McBride McEachin McKay McLeod Moss Neilson Ogburn Pearce Petty Phillips, O. Rice Rigdon Rogers, J. Russell Sharpe Stoddard Taylor Waldrop White Wilkins Winstead Woodruff
So, the House refused to table the Bill.
Rep. T.M. BURRISS moved that the House do now adjourn.
Rep. G. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. PEARCE demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 22 to 65.
Reps. MATTOS and COOPER proposed the following Amendment No. 1 (Doc. No. 2316R), which was adopted.
Amend the bill, as and if amended, by adding a new section, to be appropriately numbered, which shall read:
/SECTION ____. Any current member of the South Carolina Highway Patrol is exempt from the provisions of this act for a period of one year from the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Rep. T.M. BURRISS proposed the following Amendment No. 3 (Doc. No. 2732R), which was tabled.
Amend the bill, as and if amended, by striking Section 9-1-1537 of the 1976 Code as contained in SECTION 2 and inserting:
/"Section 9-1-1537. Sworn law enforcement officers of the South Carolina Highway Patrol who have attained the age of sixty-two may only be assigned administrative duties; provided, that all highway patrol officers must be retired from the patrol no later than the end of the fiscal year during which they attain the age of sixty-five; and provided that any officers who are already sixty-five on the effective date of this section or who attain the age of sixty-five during fiscal year 1985-86 may serve until the end of fiscal year 1986-87."/
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. BEASLEY spoke against the amendment.
Reps. FREEMAN and McLELLAN spoke in favor of the amendment.
Rep. L. MARTIN asked unanimous consent that the time of the speaker be extended 3 minutes, which was agreed to.
Rep. McLELLAN continued speaking.
Reps. G. BROWN and S. ANDERSON spoke in favor of the amendment.
Rep. FREEMAN moved that the House do now adjourn.
Rep. HAWKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur, J. Burriss, M.D. Burriss, T.M. Cork Dangerfield Evatt Freeman Harris, P. Hearn Kay Kirsh Lewis Marchant Martin, D. McLellan Mitchell Nettles Phillips, O. Rhoad Sheheen Short Townsend
Those who voted in the negative are:
Schwartz Alexander Anderson, S. Arthur, W. Aydlette Bailey, G. Barfield Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Cleveland Cooper Davenport Derrick Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harvin Hawkins Hayes Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Jones Klapman Lake Limehouse Lockemy Martin, L. McAbee McBride McEachin McKay McLeod McTeer Moss Neilson Ogburn Pearce Petty Rice Rogers, T. Sharpe Simpson Stoddard Taylor Tucker Waldrop White Wilkins Winstead Woodruff
So, the House refused to adjourn.
Rep. S. ANDERSON continued speaking.
Rep. FELDER spoke against the amendment.
Rep. GORDON asked unanimous consent that the time of the speaker be extended 3 minutes, which was agreed to.
Rep. FELDER continued speaking.
Rep. HAWKINS moved to table the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Blanding Boan Bradley, J. Bradley, P. Brown, J. Brown, R. Carnell Chamblee Cleveland Cork Davenport Day Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Hawkins Johnson, J.C. Johnson, J.W. Limehouse Lockemy Mattos McAbee McBride McEachin McKay McLeod Mitchell Neilson Nettles Ogburn Pearce Petty Rice Rigdon Rogers, J. Rogers, T. Stoddard Taylor Waldrop Washington White Winstead Woodruff
Those who voted in the negative are:
Alexander Arthur, J. Barfield Blackwell Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Dangerfield Evatt Freeman Harris, P. Harvin Hayes Hearn Hendricks, B. Kay Keyserling Kirsh Klapman Koon Lake Martin, L. McLellan McTeer Moss Phillips, O. Sheheen Short Simpson Sturkie Townsend Tucker
So, the amendment was tabled.
Reps. J.H. BURRISS, STODDARD, COOPER and MATTOS proposed the following Amendment No. 4 (Doc. No. 2351R), which was tabled.
Amend the bill, as and if amended, by striking Section 9-1-1537 of the 1976 Code as contained in Section 2 and inserting:
/"Section 9-1-1537. Sworn law enforcement officers of the South Carolina Highway Patrol must be retired from the Highway Patrol no later than the end of the fiscal year during which they attain the age of sixty-two years; provided that any officers who are already sixty-two on the effective date of this section or who attain the age of sixty-two during fiscal year 1985-86 may serve until the end of fiscal year 1986-87."/
Amend title to conform.
Rep. BEASLEY moved to table the amendment which was agreed to.
Reps. FREEMAN, KIRSH, T.M. BURRISS and HEARN proposed the following Amendment No. 5, which was tabled.
Amend as and if amended.
Section 1. (a). The General Assembly finds that the public health, safety and welfare requires the ongoing health and fitness of all sworn law enforcement officers so that they may safely and efficiently protect the public.
The General Assembly further finds that the continued health and fitness cannot be determined except with reference to age and therefore concludes that retirement of all sworn law enforcement officers at the age of sixty-two constitutes a bonafide occupational qualification for law enforcement officers.
(b) It is the sense of the General Assembly that any sworn law enforcement officer who attains age sixty-two may continue employment in a capacity other than as a sworn law enforcement officer if the otherwise qualified for the vacancy with the agency by which he was employed.
Section 2. All sworn law enforcement officers must be retired no later than the end of the fiscal year during which they attain age 62 years.
Section 3. This act shall not take effect until fiscal year 1987-1988.
Rep. FREEMAN explained the amendment.
Rep. STODDARD spoke against the amendment.
Rep. DAVENPORT raised the Point of Order that Amendment No. 5 was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. STODDARD continued speaking.
Rep. HAWKINS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Hendricks, B. Huff Johnson, J.W. Jones Kay Klapman Lake Lewis Limehouse Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLeod McTeer Moss Neilson Nettles Ogburn Petty Phillips, O. Rice Rigdon Rogers, T. Sharpe Sheheen Short Simpson Stoddard Sturkie Taylor Townsend Tucker Waldrop Washington White Winstead
Those who voted in the negative are:
Barfield Burriss, M.D. Burriss, T.M. Evatt Freeman Hearn Keyserling Kirsh Lockemy McLellan
So, the amendment was tabled.
Rep. G. BROWN proposed the following Amendment No. 6, which was tabled.
Amend as and if amended.
That the state of S.C. be required to pay any difference in social security payments created or that might be created by the requirement that Highway Patrolmen retire at age 62 or any age less than 65.
Amend to conform.
Rep. G. BROWN explained the amendment.
Rep. FELDER moved to table the amendment which was agreed to.
Rep. Freeman proposed the following Amendment No. 7, which was tabled.
Amend as and if amended.
By striking all after the enacting words and inserting:
All sworn law enforcement officers employed by the state must be retired no later than the end of the fiscal year during which they attained the age of sixty-two years except that any officer who attains the age of sixty-two during fiscal year 1985-1986 may serve until the end of fiscal year 1986-1987.
Rep. FREEMAN explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 23.
Reps. T.M. BURRISS spoke against the Bill.
Rep. FAIR moved that the House do now adjourn.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Bailey, K. Barfield Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Cork Dangerfield Day Derrick Evatt Fair Foxworth Freeman Hendricks, B. Kay Keyserling Kirsh Koon Lewis Mangum Martin, D. Martin, L. Mattos McEachin McLellan Mitchell Nettles Phillips, O. Rhoad Rice Sheheen Simpson Sturkie Thrailkill Townsend White
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, W. Aydlette Bailey, G. Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, R. Chamblee Davenport Elliott Faber Felder Ferguson Foster Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Johnson, J.C. Johnson, J.W. Jones Klapman Lake Limehouse Lockemy McBride McKay McLeod McTeer Moss Neilson Ogburn Pearce Petty Rogers, J. Rogers, T. Sharpe Short Stoddard Taylor Tucker Waldrop Washington Winstead
So, the House refused to adjourn.
Rep. GORDON moved immediate cloture on the entire matter.
The yeas and nays, were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Blackwell Bradley, J. Bradley, P. Brown, J. Brown, R. Carnell Chamblee Cleveland Cork Davenport Day Faber Felder Ferguson Foster Foxworth Gordon Gregory Harvin Hawkins Hayes Johnson, J.C. Johnson, J.W. Kirsh Lake Limehouse Mattos McAbee McBride McKay McLeod Mitchell Neilson Petty Rice Rogers, J. Rogers, T. Sharpe Taylor Waldrop Washington White
Those who voted in the negative are:
Anderson, S. Arthur, J. Barfield Blanding Boan Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Dangerfield Elliott Evatt Freeman Gentry Hendricks, B. Jones Kay Keyserling Klapman Koon Lewis Mangum Marchant Martin, L. McEachin McLellan McTeer Moss Ogburn Phillips, O. Sheheen Short Simpson Stoddard Sturkie Thrailkill Townsend Tucker
So, the motion for the previous question having failed to receive the necessary vote was thereby rejected.
Rep. T.M. BURRISS continued speaking.
Rep. L. MARTIN moved to commit the Bill to the Committee on Ways and Means.
Rep. FELDER raised the Point of Order that the motion to commit the Bill was out of order while Rep. T.M. BURRISS had the floor.
The SPEAKER sustained the Point of Order.
Rep. T.M. BURRISS continued speaking.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. R. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. FOSTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Bailey, K. Barfield Boan Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Cork Dangerfield Day Evatt Ferguson Freeman Hendricks, B. Kay Kirsh Koon Lake Lewis Marchant Martin, D. Martin, L. McBride McLellan Mitchell Pearce Phillips, O. Sheheen Short Simpson Sturkie Taylor Thrailkill Townsend White
Those who voted in the negative are:
Schwartz Arthur, W. Bailey, G. Beasley Blackwell Bradley, J. Bradley, P. Brown, J. Brown, R. Carnell Chamblee Cleveland Elliott Faber Felder Foster Gentry Gordon Gregory Harvin Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Jones Klapman Limehouse Lockemy Mattos McAbee McEachin McKay McLeod McTeer Moss Neilson Nettles Ogburn Petty Rice Rogers, J. Rogers, T. Sharpe Stoddard Tucker Waldrop Washington Wilkins Woodruff
So, the House refused to adjourn.
Rep. L. MARTIN moved that the House recede until 3:00 and demanded the yeas and nays, which were not ordered.
The House refused to recede by a division vote of 7 to 64.
Rep. T.M. BURRISS continued speaking.
The SPEAKER granted Rep. DAY a leave of absence for the remainder of the day.
Rep. SIMPSON moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. T.M. BURRISS continued speaking.
Rep. L. MARTIN moved to continue the Bill and demanded the yeas and nays, which were not ordered.
The House refused to continue the Bill by a division vote of 20 to 45.
Rep. SIMPSON moved that the House do now adjourn.
Rep. GORDON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. STODDARD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Freeman Hendricks, B. Kirsh Koon Lake Mangum Martin, D. Martin, L. Sheheen Simpson Sturkie Thrailkill Townsend Woodruff
Those who voted in the negative are:
Schwartz Alexander Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Blanding Bradley, J. Brown, J. Brown, R. Carnell Chamblee Cleveland Dangerfield Elliott Faber Felder Foster Foxworth Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Johnson, J.C. Jones Klapman Limehouse Lockemy Mattos McAbee McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Petty Rhoad Rice Rogers, J. Rogers, T. Sharpe Stoddard Taylor Tucker Waldrop Winstead
So, the House refused to adjourn.
Rep. T.M. BURRISS continued speaking.
The SPEAKER granted Rep. MARCHANT a leave of absence for the remainder of the day.
Rep. T.M. BURRISS continued speaking and moved to table the Bill.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, S. Barfield Blackwell Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Evatt Freeman Kirsh Klapman Koon Lake Martin, L. Sheheen Short Sturkie Townsend Tucker Woodruff
Those who voted in the negative are:
Schwartz Aydlette Bailey, G. Bailey, K. Beasley Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Carnell Chamblee Dangerfield Davenport Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Jones Kay Lewis Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McKay McLeod Mitchell Neilson Nettles Ogburn Pearce Petty Rice Rogers, J. Rogers, T. Russell Sharpe Simpson Stoddard Taylor Thrailkill Waldrop Washington White Winstead
So, the House refused to table the Bill.
Rep. L. MARTIN moved to recommit the Bill to the Committee on Education and Public Works.
Rep. CARNELL raised the Point of Order that the motion to commit the Bill was out of order as the Bill had been set for Special Order.
The SPEAKER Pro Tempore stated that the House, by majority vote, may commit the Bill, Special Order status notwithstanding, and he overruled the Point of Order.
Rep. FELDER moved to table the motion which was agreed to.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Aydlette Bailey, G. Bailey, K. Beasley Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cleveland Dangerfield Davenport Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Kay Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McKay McLeod McTeer Mitchell Neilson Nettles Ogburn Pearce Petty Rice Rogers, J. Rogers, T. Russell Sharpe Stoddard Taylor Thrailkill Waldrop Washington White Winstead
Those who voted in the negative are:
Barfield Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Evatt Freeman Jones Kirsh Klapman Koon Lake Martin, L. Simpson Sturkie Townsend Tucker Woodruff
So, the motion to table the motion to recommit the Bill to the Committee on Education and Public Works was agreed to.
Rep. P. BRADLEY moved immediate cloture on the entire matter.
Rep. BEASLEY raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. T.M. BURRISS moved to recommit the Bill to the Committee on Education and Public Works.
Rep. FELDER moved to table the motion.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Anderson, S. Aydlette Bailey, G. Bailey, K. Beasley Blanding Boan Bradley, J. Bradley, P. Brown, J. Brown, R. Carnell Chamblee Cleveland Dangerfield Davenport Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Kay Lewis Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Petty Rice Rogers, J. Rogers, T. Russell Sheheen Short Stoddard Taylor Townsend Tucker Waldrop Washington White Winstead
Those who voted in the negative are:
Arthur, J. Barfield Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Evatt Freeman Jones Kirsh Klapman Koon Lake Martin, L. Simpson Sturkie Woodruff
So, the motion to table was agreed to.
Rep. FELDER moved that the House recede until 2:30.
Rep. HAWKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Felder Martin, L. Mitchell Sheheen
Those who voted in the negative are:
Schwartz Alexander Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Blanding Boan Bradley, J. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Dangerfield Davenport Elliott Evatt Faber Ferguson Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Harvin Hawkins Hayes Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lake Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McKay McLeod McTeer Moss Neilson Ogburn Pearce Petty Rhoad Rice Rogers, J. Russell Short Simpson Stoddard Sturkie Taylor Townsend Tucker Waldrop White Winstead
So, the House refused to recede until 2:30.
Rep. CARNELL moved immediate cloture on the entire matter, which was agreed to by a division vote of 61 to 16.
Rep. B.L. HENDRICKS proposed the following Amendment No. 8, which was tabled.
Amend as and if amended. By adding the following:
Any patrolman who is 65 years or older on the effective date of this act must be retired during the current fiscal year. Any patrolman who is 62 to 65 years old on the effective date of this act will be given the choice of remaining on active duty provided they are in an administrative position or an administrative position is available for this person. Anyone reaching the mandatory retirement age of 62 in future will be given the same choice as those in the 62-65 age bracket on the effective date of this act.
Amend title to conform.
Rep. FREEMAN moved that the House do now adjourn.
Rep. BEASLEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The House refused to adjourn.
Rep. B.L. HENDRICKS explained the amendment.
Rep. T.M. BURRISS spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. THRAILKILL a leave of absence for the remainder of the day.
Rep. B.L. HENDRICKS spoke in favor of the amendment.
Rep. STODDARD spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 57 to 9.
Reps. KLAPMAN and L. MARTIN spoke against the Bill.
Rep. FREEMAN moved that the House do now adjourn.
Rep. WINSTEAD raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. STODDARD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Bailey, K. Burriss, M.D. Burriss, T.M. Cooper Evatt Fair Freeman Hendricks, B. Kay Kirsh Koon Lake Martin, D. Martin, L. Rhoad Sheheen Sturkie
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, W. Aydlette Bailey, G. Barfield Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cleveland Davenport Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harvin Hawkins Hayes Huff Johnson, J.C. Jones Klapman Lewis Limehouse Lockemy Mangum Mattos McAbee McBride McEachin McKay McLeod McTeer Neilson Nettles Ogburn Petty Rice Rogers, J. Rogers, T. Russell Sharpe Stoddard Taylor Tucker Waldrop Washington Wilkins Winstead
So, the House refused to adjourn.
Rep. L. MARTIN continued speaking.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Blanding Boan Bradley, J. Bradley, P. Brown, J. Brown, R. Carnell Chamblee Cleveland Davenport Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harvin Hawkins Hayes Huff Johnson, J.C. Kay Lewis Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McKay McLeod McTeer Neilson Nettles Ogburn Pearce Petty Rice Rogers, J. Rogers, T. Russell Stoddard Taylor Tucker Waldrop Washington Wilkins Winstead
Those who voted in the negative are:
Alexander Anderson, S. Arthur, J. Barfield Blackwell Brown, H. Burriss, M.D. Burriss, T.M. Cooper Evatt Freeman Hendricks, B. Jones Kirsh Klapman Lake Martin, L. Rhoad Sheheen Short Townsend Woodruff
So, the Bill, as amended, was read the second time and ordered to third reading.
H. 3530 Retirement age for Highway Patrolmen.
I would like to be recorded as favoring the above noted Bill.
REP. TOM MARCHANT
If I had been present, I would have voted yes for H. 3530.
REP. FRED DAY
Rep. L. MARTIN moved that the House do now adjourn which was adopted.
At 2:35 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned to meet at 10:00 A.M. tomorrow.
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