Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Reverend Jack G. Channell, Pastor, Northwood Baptist Church in North Charleston, S.C. as follows:
Our Heavenly Father:
We want to thank you for the privilege of calling upon your Name and for the conviction that you are a prayer-hearing and a prayer-answering God.
We acknowledge your Sovereignty. Not only have you created this universe, but you sustain and hold everything together by the cosmic and scientific laws you have established.
We affirm your infinite power. Nothing is impossible for you to accomplish, and you will not hesitate to intervene in the affairs of men in a supernatural fashion if doing so fulfills your purposes.
We revere you because as God you are holy and righteous, gracious and merciful, and the embodiment of absolute truth and perfect wisdom.
We, therefore, call upon you in the spirit of trust and dependence requesting your leadership and guidance in carrying out our responsibilities.
Thank you for these who have been elected to the high office of State Representative and for their many hours of service rendered on behalf of the people of this great state of South Carolina.
Grant to these Representatives the understanding of the critical issues they face and the wisdom to enact the appropriate legislation.
Grant to each Representative an unselfish attitude so that the work they accomplish will be based on pure and genuine motives and so that the rights of every individual will be protected.
Grant to these Representatives the understanding that as servants ordained by God they are accountable not only to the people who have elected them but to You as well.
Grant to each Representative a desire to live in such a way that their behavior will be above reproach, so that they will enhance the dignity and respect of the office they hold and at the same time earn the confidence of the people they serve.
And now, Father, we thank you for your grace that will make us sufficient for the challenges of this day. We thank you for life, health, and strength and for the opportunities to serve and to minister. And, we thank you most of all for your love "toward us in that, while we were yet sinners, Christ died for us." In Christ's Name we pray. 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. J.C. JOHNSON.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received.
The Report of the Insurance Law Study Committee was received and will be printed in the Senate Journal on Friday, February 20, 1987.
Received as information.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
February 12, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
As president of the South Carolina Economic Developers Association, I would like to invite you and the other members of the House of Representatives to our Legislative reception to be held at the Town House from seven to nine o'clock the evening of Tuesday, March 10. The 500 members of our professional association will be invited to join you.
Sincerely,
F.R. Macchiaverna
August 27, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the 8,600 members of the South Carolina Association of REALTORS, we would like to invite the members of the House to our Annual "Capitol Conference". The luncheon reception is scheduled to be held on March 18, at the Radisson Hotel immediately after you recess for lunch.
We look forward to having the members of the House with us on March 18.
Sincerely,
Richard F. Davis
Executive Vice President
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2064 -- Rep. Kirsh: A BILL TO AMEND SECTION 57-1-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ALL EXPENSES PAID BY THE DEPARTMENT TO IMPLEMENT THE DEDICATION OF A ROAD OR BRIDGE, SO AS TO AUTHORIZE THE DEPARTMENT TO BE REIMBURSED FOR ALL EXPENSES TO IMPLEMENT THE DEDICATION FROM FUNDS ALLOCATED UNDER THE PROVISIONS OF SECTION 12-27-400 INSTEAD OF SECTION 12-27-380.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2130 -- Reps. Hayes, Fair and Hearn: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ENTER INTO THE DRIVER LICENSE COMPACT.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2200 -- Rep. Blackwell: A BILL TO AMEND SECTION 59-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY DRIVING EDUCATION AND TRAINING PROGRAMS BY SCHOOL DISTRICTS, SO AS TO MAKE IT PERMISSORY INSTEAD OF MANDATORY; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVING EDUCATION AND TRAINING, BY ADDING SECTION 59-39-350 SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY SCHOOL DISTRICT TO CHARGE A UNIFORM FEE FOR THOSE STUDENTS WHO ELECT TO TAKE DRIVER EDUCATION AND TRAINING PROGRAMS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 405 -- Senator Garrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY "TIGER" FOOTBALL TEAM IN DEFEATING A TOUGH STANFORD TEAM IN THE 1986 GATOR BOWL AND TO RECOGNIZE THEIR MANY ACCOMPLISHMENTS THROUGHOUT THE 1986 SEASON.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 406 -- Senators Mitchell, Bryan and J. Verne Smith: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SPELL OUT "GREENVILLE TECHNICAL COLLEGE" ON DIRECTIONAL SIGNS ERECTED AS REQUESTED BY S. 1222 OF 1986.
Whereas, the General Assembly during its 1986 session, pursuant to Concurrent Resolution S. 1222, requested that directional signs be erected to indicate the location of technical educational centers; and
Whereas, it has been learned that the Department of Highways and Public Transportation plans to abbreviate the name of some of the centers and this is unacceptable to the General Assembly. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the Department of Highways and Public Transportation is directed to spell out "Greenville Technical College" on the directional signs it is to erect pursuant to S. 1222 of 1986 for Greenville Technical College.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 407 -- Senators Courson, Branton, McConnell, Shealy, Thomas, Giese, Applegate and Lee: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. WRAY GRAVES WILSON OF SPRINGDALE IN LEXINGTON COUNTY, WHO DIED DURING THE LEGISLATIVE INTERIM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 417 -- Senator McLeod: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY AS AMERICAN HISTORY MONTH.
Whereas, it is appropriate that state and local government officials and educators emphasize and direct the attention of our citizens to the importance of being informed about and knowledgeable of the history of our great nation; and
Whereas, it is necessary that all of our citizens, especially our children, develop an understanding of what it means to be an American and to be free; and
Whereas, our younger generation must be made aware and our older citizens reminded that behind the cold print of history books there is a moving story about our nation and its patriots who fought well for our freedom and who wanted to make certain that they had not fought in vain; and
Whereas, it is essential that the citizens of our State understand that the history of America is about freedom and that freedom is about America; and
Whereas, it is fitting that a month be set aside to bring into vivid reminder the glory and the pageantry of our American heritage. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate February as American History Month in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Theodore Givens, Historian, Colonel Joseph Glover Chapter, NSDAR, P.O. Box 444, Walterboro, South Carolina 29488.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2494 -- Rep. McAbee: A BILL TO ENACT THE "STUDENT PROTECTION ACT OF 1988", INCLUDING PROVISIONS THAT EACH EMPLOYEE OF A SCHOOL DISTRICT OR APPLICANT FOR EMPLOYMENT WITH THE DISTRICT, AS A CONDITION OF EMPLOYMENT, SHALL AUTHORIZE A CRIMINAL BACKGROUND INVESTIGATION OF HIMSELF, AND PROVISIONS FOR CERTAIN FEES, THE ESTABLISHMENT OF A MISDEMEANOR OFFENSE, PENALTIES, AND THE ADOPTION AND PROMULGATION OF REGULATIONS.
Referred to Committee on Education and Public Works.
H. 2495 -- Rep. Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7-180 SO AS TO PROHIBIT PARAMILITARY TRAINING BY CERTAIN PERSONS AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF PARTICIPATION IN UNLAWFUL PARAMILITARY TRAINING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.
Referred to Committee on Labor, Commerce and Industry.
H. 2497 -- Reps. Harvin, Sharpe, Cooper, Kay, Thrailkill, Foxworth, Bennett, Elliott, Sturkie, Faber, Jones, Holt, Snow, Altman, G. Brown, McTeer, Townsend, E.B. McLeod, Whipper, P. Harris, McBride, Blanding, Keyserling, Barfield, Koon, J.H. Burriss, Washington and T. Rogers: A JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTION 3 OF ARTICLE VI AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1985, RELATING TO DUAL OFFICE HOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF VOLUNTEER FIRE DEPARTMENTS WHO HOLD ANOTHER OFFICE.
Referred to Committee on Judiciary.
H. 2498 -- Reps. O. Phillips, Arthur, Day, Moss, McGinnis, Wells, Blackwell and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEREVER ANY REFERENCE IS MADE IN ANY SECTION OF ANY CHAPTER AND TITLE TO THE "SOUTH CAROLINA INSURANCE COMMISSION" IT MEANS THE "INSURANCE COMMISSIONER"; TO AMEND SECTIONS 38-1-20, RELATING TO DEFINITIONS FOR PURPOSES OF INSURANCE, SO AS TO DELETE "COMMISSION" AND REDEFINE "COMMISSIONER"; 38-3-10, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF INSURANCE AND THE INSURANCE COMMISSION, SO AS TO PROVIDE THAT THE DEPARTMENT IS UNDER THE ADMINISTRATION OF THE INSURANCE COMMISSIONER; 38-3-20, RELATING TO MEMBERS OF THE INSURANCE COMMISSION AND THEIR TERMS AND QUALIFICATIONS, SO AS TO ESTABLISH AN INSURANCE ADVISORY BOARD IN THE DEPARTMENT OF INSURANCE AND DELETE ANY REFERENCE TO THE COMMISSION; 38-3-80, RELATING TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE COMMISSIONER MUST BE ELECTED BY THE QUALIFIED VOTERS OF THE STATE AND TO PROVIDE FOR HIS TERM, QUALIFICATIONS, POWERS, AND DUTIES; 38-3-85, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT NOTHING CONTAINED IN TITLE 38 MAY BE CONSTRUED TO AUTHORIZE OR REQUIRE A REVIEW BY THE INSURANCE ADVISORY BOARD OF ANY ORDER OF THE INSURANCE COMMISSIONER UNDER THE ADMINISTRATIVE PROCEDURES ACT AND DELETE ANY REFERENCE TO THE INSURANCE COMMISSION; AND 38-3-130, RELATING TO THE PROHIBITION OF MAKING GIFTS AND LOANS TO INSURANCE COMMISSION MEMBERS, SO AS TO SUBSTITUTE "INSURANCE ADVISORY BOARD" FOR "COMMISSION"; AND TO REPEAL SECTIONS 38-3-30, RELATING TO BONDS OF INSURANCE COMMISSION MEMBERS; 38-3-40, RELATING TO COMPENSATION AND EXPENSES OF COMMISSION MEMBERS; 38-3-50, RELATING TO THE ORGANIZATION OF THE INSURANCE COMMISSION; 38-3-60, RELATING TO POWERS AND DUTIES OF THE INSURANCE COMMISSION AND THE CHIEF INSURANCE COMMISSIONER; AND 38-3-65, RELATING TO THE CREATION OF AN ADVISORY COMMITTEE TO ADVISE AND CONSULT WITH THE INSURANCE COMMISSION, ALL CONTINGENT ON THE REFERENDUM PROVIDED IN THIS ACT RESULTING FAVORABLY TO THE ELECTION OF THE INSURANCE COMMISSIONER AND REPLACE THE INSURANCE COMMISSION WITH THE INSURANCE ADVISORY BOARD.
Referred to Committee on Labor, Commerce and Industry.
H. 2499 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-37-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURVEY BY THE CHIEF INSURANCE COMMISSIONER TO ASCERTAIN THE STATE OF MARKETING OUTLETS WITH RESPECT TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR QUALIFICATION AS A DESIGNATED AGENT, SO AS TO CHANGE THESE REQUIREMENTS FOR QUALIFYING AS A DESIGNATED AGENT.
Referred to Committee on Labor, Commerce and Industry.
H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501(c)(3) OR (c)(6) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.
Referred to Committee on Labor, Commerce and Industry.
H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51 -20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 2502 -- Rep. Ogburn: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION WITH RESPECT TO TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION NO MORE THAN THREE TIMES.
Referred to Committee on Education and Public Works.
H. 2503 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-67-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT AN ADMINISTRATOR'S BOND IS A SURETY BOND, TO PROVIDE THAT ALTERNATIVE FORMS OF SECURITY MAY BE FURNISHED, AND TO PROVIDE CONDITIONS UNDER WHICH BONDING REQUIREMENT MAY BE WAIVED.
Referred to Committee on Judiciary.
H. 2504 -- Rep. Ogburn: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE REQUIRED OF BORROWERS UNDER THE CONSUMER FINANCE LAW, SO AS TO PROVIDE THAT MINIMUM CHARGES OF TWO DOLLARS MAY BE MADE IN CONNECTION WITH THE REQUIRED INSURANCE, AND THAT NO REFUND UNDER TWO DOLLARS MUST BE MADE IN CONNECTION WITH THE CANCELLATION OF THE INSURANCE.
Rep. OGBURN asked unanimous consent to have the Bill placed on the calendar without reference. Rep. KLAPMAN objected.
Referred to Committee on Labor, Commerce and Industry.
H. 2505 -- Reps. Rudnick, Sharpe, Corning, Haskins, McBride, Hearn, Blackwell, Taylor, Sturkie, Jones, Rice, Felder, Barfield, Keyserling, Mattos, L. Phillips and M.O. Alexander: A BILL TO AMEND CHAPTER 13 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGY AND COSMETOLOGISTS, BY ADDING SECTION 40-13-245, SO AS TO EXEMPT A HOLDER OF AN INDIVIDUAL LICENSE FROM HAVING TO TAKE OR COMPLETE ANY CONTINUING EDUCATION AFTER HAVING BEEN LICENSED FOR THIRTY YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2506 -- Reps. Rudnick and Jones: A BILL TO REQUIRE THAT LICENSE PLATES FOR SCHOOL BUSES MAY NOT CONTAIN MORE THAN THREE DIGITS OR LETTERS, OR COMBINATION OF THREE DIGITS AND LETTERS.
Referred to Committee on Education and Public Works.
H. 2507 -- Reps. Rudnick, Hearn, J. Brown, Pearce, Nesbitt, G. Brown, Petty, Keyserling, Davenport, Rice, Wilder, Baker and Wells: A BILL TO AMEND SECTION 56-5-4450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF LIGHTS FOR VEHICLES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO STREETS IN ADDITION TO HIGHWAYS, TO REQUIRE LIGHTS WHEN WINDSHIELD WIPERS ARE IN USE OR WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS REDUCE THE ABILITY TO SEE CLEARLY, AND TO DELETE THE PROVISION REQUIRING LIGHTS WHEN THERE IS INSUFFICIENT LIGHT.
Referred to Committee on Education and Public Works.
H. 2508 -- Reps. Rudnick, Jones and Haskins: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES ON TOBACCO PRODUCTS SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO FIVE MILLS.
Referred to Committee on Ways and Means.
H. 2509 -- Rep. Thrailkill: A BILL TO AMEND SECTION 2-15-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "STATE AGENCY" FOR PURPOSES OF AUDITING AND INVESTIGATIONS BY THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCLUDE SCHOOL DISTRICTS WHICH RECEIVE FIVE MILLION DOLLARS OR MORE OF STATE AID.
Referred to Committee on Education and Public Works.
H. 2510 -- Reps. Davenport, Thrailkill, Winstead, Wells, Petty, Aydlette, Simpson, O. Phillips, Blackwell, Day, Mattos, Jones, Keyserling, Barfield, Huff, Koon, E.B. McLeod, G. Bailey, Sturkie, Waldrop, Russell, J.C. Johnson and Lewis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-65 SO AS TO REQUIRE THE GOVERNING BODY OF EACH PUBLIC BODY AS DEFINED BY SECTION 30-4-20 TO PROVIDE A MINIMUM OF FIFTEEN MINUTES AT EACH PUBLIC MEETING OF THE GOVERNING BODY, DURING WHICH PRIVATE CITIZENS MAY ADDRESS THE GOVERNING BODY WITHOUT PRIOR NOTICE OR REQUEST.
Referred to Committee on Judiciary.
H. 2511 -- Reps. Davenport, Sturkie, Sharpe, Wells, P. Bradley, Haskins, Simpson, Gilbert, L. Phillips, Baker, O. Phillips, Arthur, Klapman, Keyserling, Koon, Corning, G. Bailey, E.B. McLeod, Lewis, Russell, Altman, Blanding, J. Brown and Jones: a BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-505 SO AS TO PROHIBIT ANY PERSON UNDER THE AGE OF EIGHTEEN FROM SMOKING OR USING TOBACCO PRODUCTS ON SCHOOL PROPERTY EXCEPT IN DESIGNATED AREAS PROVIDED FOR TEACHERS, EMPLOYEES, AND VISITORS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Education and Public Works.
H. 2512 -- Reps. Townsend, Kay, Chamblee and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-175 SO AS TO PROVIDE FOR AN AGRIBUSINESS LICENSE AND A SINGLE BOND ISSUED BY THE STATE DEPARTMENT OF AGRICULTURE IN LIEU OF A LICENSE OR PERMIT AND A SEPARATE BOND FOR SEED HANDLERS, DEALERS IN AGRICULTURAL PRODUCTS, PUBLIC WEIGHMASTERS, PESTICIDE DEALERS AND APPLICATORS, AND AGRICULTURAL LIMING MATERIALS DISTRIBUTORS.
Referred to Committee on Agriculture and Natural Resources.
H. 2513 -- Reps. Hayes, Nesbitt and Kirsh: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO AMEND SECTION 56-7-10, RELATING TO THE UNIFORM TRAFFIC TICKET AND THE OFFENSES CHARGED THROUGH USE OF THIS TICKET, SO AS TO ADD A VIOLATION OF SECTION 16-11-760 TO THE LIST OF THESE OFFENSES.
Referred to Committee on Judiciary.
H. 2514 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOME INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 739, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2515 -- Reps. E.B. McLeod and McElveen: A BILL TO PROVIDE FOR LIABILITY FOR THE WRONGFUL USE OF A CIVIL PROCEEDING AND TO PROVIDE DAMAGES THEREFOR.
Referred to Committee on Judiciary.
S. 18 -- Senators Lee, Pope, Hayes and Giese: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY AGAINST A CHARITABLE ORGANIZATION, SO AS TO LIMIT RECOVERY OF ACTUAL DAMAGES AGAINST A PHYSICIAN PERFORMING SERVICES WITHOUT CHARGE IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CANCER CLINIC TO TWO HUNDRED THOUSAND DOLLARS.
Referred to Committee on Judiciary.
S. 350 -- Corrections and Penology Committee: A BILL TO PROVIDE THAT EVERY SOLICITOR SHALL FURNISH THE APPROPRIATE CLERK OF COURT WITH A COPY OF ARREST WARRANTS, INCIDENT REPORTS, CRIMINAL CONVICTION RECORDS, AND THE PRESENTENCE INVESTIGATION OF EACH DEFENDANT SENTENCED TO A TERM OF IMPRISONMENT IN EXCESS OF NINETY DAYS, TO PROVIDE THAT THE CLERK OF COURT SHALL ATTACH A COPY OF THESE REPORTS TO THE PRISONER'S COMMITMENT PAPERS, AND TO PROVIDE THAT THE SOLICITOR AND CLERK OF COURT SHALL ALSO INSURE THAT ALL COMMITMENT ORDERS PERTAINING TO DEFENDANTS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS ARE REMITTED TO THE DEPARTMENT OF CORRECTIONS WITHIN TEN DAYS AFTER THE ADJOURNMENT OF THAT TERM OF COURT.
Referred to Committee on Judiciary.
S. 386 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, REPEALING ALL EXISTING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 708, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 388 -- Senators McGill, Thomas E. Smith, Jr., and Leatherman: A BILL TO PROVIDE THAT SCHOOL DISTRICT NO. 3 OF FLORENCE COUNTY INCLUDES THAT PORTION OF WILLIAMSBURG COUNTY KNOWN AS THE PERGAMOS AREA.
Referred to Committee on Education and Public Works.
S. 389 -- Senator McGill: A BILL TO AUTHORIZE THE WILLIAMSBURG COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
Referred to Williamsburg Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, N. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for r the Session on February 19, 1987.
Larry Koon Ken Bailey Larry Blanding Paul Short E. Crosby Lewis Robert N. McLellan Robert A. Kohn
DOCTOR OF THE DAY
Announcement was made that Harrison L. Peeples of Estill, is the Doctor of the Day for the General Assembly.
The following message from the Senate was taken up :
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 266:
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Very respectfully,
President
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, GREGORY, and TOAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
H. 2119 -- Aiken Delegation: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1988.
The Aiken Delegation, with unanimous consent, proposed the following Amendment No. 4 (Doc. No. 2266Y), which was adopted.
Amend the bill, as and if amended, in SECTION 2 by adding immediately after line 7, on page 5:
/(D) Notice of the special election provided in this section must be given by June 26, 1987, in a newspaper of general circulation in Aiken County. If preclearance from the United States Department of Justice has not been received by June 26, 1987, the special election must be held on September 28, 1987. Notice of this election must be given by July 25, 1987./
Amend title to conform.
Rep. J. BRADLEY moved to adjourn debate upon the Bill.
Rep. HUFF moved to table the motion
Rep. J. BRADLEY demanded the yeas and nays, which were not ordered.
The motion to table the motion to adjourn debate was agreed to by a division vote of 12 to 8.
The question then recurred to the passage of the Bill, as amended, which was agreed to by a division vote of 12 to 6.
The Bill, as amended, was read the third time, and ordered sent to the Senate
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2302 -- Reps. Rudnick, T. Rogers, Taylor, J. Brown and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 31, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-410 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY SHALL HOLD A PUBLIC HEARING IN COLUMBIA PRIOR TO IMPOSING ANY RATE INCREASE AND TO PROVIDE THAT THE STATE CONSUMER ADVOCATE HAS A RIGHT TO APPEAR AT THE HEARING AND HAS THE RIGHT OF PRIOR ACCESS TO THE APPROPRIATE RECORDS OF THE AUTHORITY PERTAINING TO THE RATE INCREASE.
H. 2024 -- Reps. Hayes and P. Bradley: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.
H. 2215 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN IN EACH CONGRESSIONAL DISTRICT AT LEAST ONE RESIDENT ADJUSTER WHO IS A FULL-TIME EMPLOYEE OF THE COMPANY FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THESE ADJUSTERS IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE.
H. 2161 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR ABSENTEE BALLOTS, SO AS TO PROVIDE THAT APPLICATIONS BY ANYONE QUALIFIED TO VOTE BY ABSENTEE BALLOT WHO APPEARS IN PERSON MUST BE ACCEPTED UNTIL 5:00 P.M. ON THE DAY IMMEDIATELY PRECEDING THE ELECTION INSTEAD OF LIMITING THIS AUTHORIZATION TO PERSONS IN EMPLOYMENT AND ELECTORS WITH A DEATH OR FUNERAL IN THE FAMILY WITHIN A THREE-DAY PERIOD PRIOR TO THE ELECTION.
The following Bill was taken up.
H. 2124 -- Rep. Aydlette: A BILL TO AMEND SECTION 38-37-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, THE AVOIDANCE OF CERTAIN CLASSES OR TYPES OF RISK, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO MAKE IT AN ACT OF UNLAWFUL DISCRIMINATION AND UNFAIR COMPETITION FOR AN INSURER TO TERMINATE ITS INSURANCE BUSINESS WITH ANY ONE AGENT OVER THE WRITING OF CERTAIN CLASSES OR TYPES OF AUTOMOBILE INSURANCE RISKS WITHOUT ALSO PULLING OUT OF THE ENTIRE STATE OR TERMINATING ITS SIMILAR BUSINESS WITH ALL OTHER AGENTS IN THE STATE AT THE SAME TIME AND TO DO ANYTHING UNFAIR, OR UNFAIRLY FAIL TO DO ANYTHING, WHICH HAS THE EFFECT OF, OR RESULTS IN, CAUSING ANY CEDED INSURANCE BUSINESS TO HAVE A DETRIMENTAL EFFECT ON ANY INCENTIVE BONUSES PAID BY THE INSURER TO AGENTS, AND TO INCREASE THE PERIOD OF REVOCATION OR SUSPENSION OF THE INSURER'S CERTIFICATE OF AUTHORITY, AS A PENALTY FOR THESE AND CERTAIN OTHER UNLAWFUL, WILFUL ACTS, FROM SIX TO TWELVE MONTHS, AND TO PROHIBIT INSURERS FROM USING BUSINESS PLACED IN THE REINSURANCE FACILITY WHEN DETERMINING QUALITY BONUS.
Rep. AYDLETTE proposed the following amendment, which was adopted.
Amend as and if amended, the Bill as printed on page 2, line 25 after the word "time" by adding, "for a period of time of at least 365 days"; so that when amended line 25 shall read: "in the state at the same time for a period of time of at least 365 days; nor shall any"
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. L. PHILLIPS a temporary leave of absence to attend a Highway Commission meeting.
Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.
H. 2011 -- Reps. Ferguson and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Rep. McTEER moved to adjourn debate upon the following Bill, which was adopted.
H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
The following Bill was taken up.
H. 2071 -- Reps. Altman and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-860 SO AS TO PROHIBIT THE OPERATION OF AIRBOATS.
Rep. FOXWORTH explained the Bill.
Reps. KLAPMAN objected to the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2096 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-137 SO AS TO PROHIBIT THE WILFUL IMPEDING OR OBSTRUCTION OF LAWFUL HUNTING, TRAPPING, FISHING, OR HARVESTING OF MARINE SPECIES, AND TO PROVIDE PENALTIES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2101Y).
Amend the bill, as and if amended, by striking on line 3 of Section 50-1-137 as contained in SECTION 1 /trapping/ and by striking on line 10 of the same section /trap/.
When amended Section 50-1-137 shall read:
/ "Section 50-1-137. It is unlawful for a person wilfully to impede or obstruct another person from lawfully hunting, fishing, or harvesting marine species. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be punished as provided by Section 50-1-130. In addition to the criminal penalty, any person convicted shall have his privilege to hunt, fish, or harvest marine species recreationally or commercially revoked for one year."/
Amend title to conform.
Rep. FOXWORTH explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2045 -- Reps. Hayes, Foster and Kirsh: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT SALES OF KEROSENE IN QUANTITIES OF TWENTY GALLONS OR LESS ARE CONSIDERED USED FOR RESIDENTIAL HEATING PURPOSES.
Rep. KIRSH explained the Bill.
H. 2147 -- Rep. McLellan: A BILL TO AMEND SECTION 8-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE SALARY AND PERFORMANCE EVALUATION COMMISSION, SO AS TO CHANGE THE NAME TO THE AGENCY HEAD SALARY COMMISSION.
The following Bill was taken up.
H. 2118 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL STRUCTURE, ORGANIZATION, POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, BY ADDING SECTION 5-7-300 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1933Y), which was adopted.
Amend the bill, as and if amended, in Section 5-7-300 of the 1976 Code, as contained in SECTION 1, page 2, line 12, by inserting after /expenses/ /not to exceed five percent of the delinquent taxes and penalties/ and on page 2, last line of Section 5-7-300, by inserting after /followed./ /A municipality may by ordinance contract with an individual, firm, or organization to assist the municipality in collecting property or business license taxes./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The SPEAKER ruled that the Bill (H.2118) was out of order at this time as it failed to comply with Rule 5.9, in that the Committee Report failed to include the "full text of the Section or clearly identifiable subdivision or portion of a section as it would read with such amendment inserted therein." He then stated the Bill would be in order once the amendment (No. 1) was correctly printed as shown in the Journal.
Amend the bill, as and if amended, in Section 5-7-300 of the 1976 Code, as contained in SECTION 1, page 2, line 12, by inserting after /expenses/ /not to exceed five percent of the delinquent taxes and penalties/ and on page 2, last line of Section 5-7-300, by inserting after /followed./ /A municipality may by ordinance contract with an individual, firm, or organization to assist the municipality in collecting property or business license taxes./ so that when amended Section 5-7-300 shall read:
/Section 5-7-300. All municipalities of the State may by ordinance provide a procedure for the collection of delinquent real and personal property taxes, except taxes on motor vehicles. The municipal governing body may provide for a penalty for nonpayment of these taxes payable when the taxes become delinquent not exceeding fifteen percent of the taxes levied. The property taxes levied, with any penalty added for nonpayment when due and costs of execution, constitute a lien upon the property upon which the tax is levied until paid, paramount to all other liens, except the lien for county and state taxes. For the purpose of collecting delinquent real and personal property taxes, the municipal governing body may enforce payment against the property of delinquent property taxpayers to the same extent, and substantially in the same manner, as is provided by law for the collection of county property taxes and penalties, except that a municipal governing body may determine the municipality's tax year, penalty dates, and the amount of penalty to be added on the penalty dates. Executions to enforce the payment of the taxes and penalties must be issued under the seal of the municipality and directed to the person designated by the municipal governing body for that purpose and all sales under and by virtue of that execution must take place at a public place designated by ordinance in the municipality. Reasonable expenses not to exceed five percent of the delinquent taxes and penalties incurred in connection with executions to enforce the payment of delinquent taxes and penalties may be added and collected by the municipality. A municipality may contract with the county for the collection municipal taxes or for the collection of delinquent municipal taxes upon such terms and conditions as may be mutually agreeable to both the municipality and the county. If a municipality contracts with a county for collection of municipal taxes or delinquent municipal taxes, then the provisions of state law which prescribe the procedure for collection of property taxes by counties must be followed. A municipality may by ordinance contract with an individual, firm, or organization to assist the municipality in collecting property or business license taxes./
Amend title to conform.
The following Bill was taken up.
H. 2184 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR AUCTIONEERS' LICENSES, SO AS TO PROVIDE THAT THEY MUST BE ESTABLISHED BY THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1915Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 40-6-140 of the 1976 Code is amended to read:
"Section 40-6-140. Each person licensed as an auctioneer shall pay an annual license fee to the commission. Funds derived under the provisions of this chapter must be paid to the State Treasurer who shall keep them in the manner provided for other agencies and boards of the State. The fees are (1) for examination, twenty-five fifty dollars; (2) for apprentice license for one year, twenty-five fifty dollars; (3) for auctioneer license for one year, one hundred dollars; (4) for license for one year as an auction firm, fifty as determined by the commission not to exceed one hundred dollars."/
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, McEachin, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.
Rep. J. BRADLEY moved to adjourn debate upon the Bill until Tuesday, March 3.
Rep. KEYSERLING moved to table the motion which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, March 3, which was agreed to by a division vote of 43 to 40.
The following Bill was taken up.
H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.
Rep. McABEE explained the Bill.
Rep. TOAL moved to adjourn debate upon the Bill until Tuesday, February 24, which was adopted.
Reps. HOLT and FOXWORTH withdrew their objections to H. 2083.
The motion of Rep. FOXWORTH to reconsider the vote whereby the following Bill was given a third reading was taken up.
H. 2296 -- Reps. Rudnick, Washington, J. Brown and Jones: A BILL TO AMEND SECTION 20-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF LIQUOR BY MINORS AND A PERSON FALSELY REPRESENTING HIS AGE FOR THE PURPOSE OF PROCURING ALCOHOLIC LIQUOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Rep. FOXWORTH spoke in favor of the motion to reconsider.
Rep. WILKINS spoke against the motion to reconsider and moved to table the motion to reconsider, which was agreed to by a division vote of 85 to 10.
Rep. BLACKWELL asked unanimous consent to have Reps. OGBURN, J. BRADLEY, EVATT, MATTOS, T. ROGERS, SNOW and HARVIN added as co-sponsors of H. 2213, which was agreed to.
Rep. McCAIN asked unanimous consent to add his name as a co-sponsor to H. 2081, which was agreed to.
On motion of Rep. FOSTER, with unanimous consent, the following invitations were taken up for immediate consideration and accepted.
February 12, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, SC 29211
Dear Rep. Foster:
As president of the South Carolina Economic Developers Association, I would like to invite you and the other members of the House of Representatives to our Legislative reception to be held at the Townhouse from seven to nine o'clock the evening of Tuesday, March 10. The 500 members of our professional association will be invited to join you.
Sincerely,
F.R. Macchiaverna
August 27, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the 8,600 members of the South Carolina Association of REALTORS, we would like to invite the members of the House to our Annual "Capitol Conference". The luncheon reception is scheduled to be held on March 18, at the Radisson Hotel immediately after you recess for lunch.
We look forward to having the members of the House with us on March 18.
Sincerely,
Richard F. Davis
Executive Vice President
On motion of Rep. McABEE, with unanimous consent, the following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 2516 -- Reps. McAbee and McLellan: A JOINT RESOLUTION TO PROVIDE FOR PURCHASE BY THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD THROUGH THE INSURANCE RESERVE FUND AND THE STATE TREASURER OF A LIMITED AMOUNT OF NOTES OF THE CLARK'S HILL-RUSSELL AUTHORITY FOR CERTAIN PURPOSES.
Rep. McABEE asked unanimous consent to have the Resolution placed on the Calendar without reference.
Rep. LEWIS objected.
Referred to Committee on Ways and Means.
Rep. LOCKEMY moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 2517 -- Reps. Edwards and Helmly: A BILL TO AMEND SECTION 6-10-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT, SO AS TO ADD FURTHER DEFINITIONS; TO AMEND SECTION 6-10-30, RELATING TO THE ADOPTION OF THE BUILDING ENERGY EFFICIENCY STANDARD AND THE EFFECT ON STATE AND LOCAL REGULATIONS, SO AS TO PROVIDE ADDITIONAL STANDARDS FOR NEW RESIDENTIAL HOMES AND TO PROVIDE RECOMMENDED STANDARDS FOR MANUFACTURED HOMES; AND TO AMEND SECTION 6-10-70, RELATING TO BOARDS OF ADJUSTMENT AND APPEALS AND THE APPEALS PROCEDURE UNDER THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCE TO "LOG BUILDINGS".
Referred to Committee on Labor, Commerce and Industry.
Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.
H. 2011 -- Reps. Ferguson and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Rep. McTEER moved to adjourn debate upon the following Bill, which was adopted.
H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
The following Bill was taken up.
H. 2096 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-137 SO AS TO PROHIBIT THE WILFUL IMPEDING OR OBSTRUCTION OF LAWFUL HUNTING, TRAPPING, FISHING, OR HARVESTING OF MARINE SPECIES, AND TO PROVIDE PENALTIES.
Debate was resumed on Amendment No. 1, by the Committee on Agriculture and Natural Resources.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FOXWORTH asked unanimous consent that H. 2096 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 2194 -- Reps. McAbee, Sharpe, Kay and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-14 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN CAME ZONE NO. 2, AND TO PROVIDE A PENALTY.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2066Y), which was adopted.
Amend the bill, as and if amended, by adding at the end of Section 50-11-14 as contained in SECTION 1 :
/Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox./
When amended Section 50-11-14 shall read:
/"Section 50-11-14. In Game Zone No. 2 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful.
Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2015 -- Reps. McLellan, Aydlette, Boan, Taylor and P. Bradley: A BILL TO ENACT THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, AND TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE OFFENSES ESTABLISHED IN THIS ACT.
Rep. J. ROGERS objected to the Bill.
Rep. WILKINS explained the Bill.
The question then recurred to the passage of the Bill.
Rep. J. ROGERS demanded the yeas and nays, which were not ordered.
The Bill was read the second time and ordered to third reading by a division vote of 87 to 4.
Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Tuesday, February 24, which was adopted.
H. 2472 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROMOTION POLICY, DESIGNATED AS REGULATION DOCUMENT NUMBER 724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Tuesday, February 24, which was adopted.
H. 2473 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
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 Bill was taken up.
H. 2202 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 17-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THESE FEES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2079Y).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section _____. The State Auditor shall conduct audits of the funds paid into the pretrial intervention program of each circuit during fiscal years 1987-88 through 1990-91 and the expenditure of these funds during these fiscal years, and shall report the audit results as completed to the General Assembly and the solicitor of the circuit involved./
Renumber sections to conform.
Amend title to conform.
Rep. TUCKER explained the amendment.
Reps. FABER, FERGUSON and TAYLOR objected to the Bill.
The following Bill was taken up.
H. 2103 -- Reps. P. Harris, J. Harris, Helmly and P. Bradley: A BILL TO AMEND SECTIONS 44-52-20, 44-52-70, AND 44-52-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT PERSONS WHO APPEAR TO BE CHEMICALLY DEPENDENT MAY SEEK VOLUNTARY ADMISSION TO A TREATMENT FACILITY, TO PROVIDE THAT a PETITION FOR INVOLUNTARY COMMITMENT MAY BE FILED IN THE COUNTY WHERE THE PERSON TO BE COMMITTED IS PRESENT, AND TO PROVIDE THAT THE COURT MAY ORDER INVOLUNTARY COMMITMENT TO THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH OR ANY OTHER LICENSED TREATMENT FACILITY.
Rep. McEACHIN 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. 2176 -- Rep. Lockemy: A BILL TO REQUIRE A HEALTH CARE PROVIDER TO PROVIDE TO AN INDIVIDUAL, UPON REQUEST, A COPY OF ANY REPORT CONCERNING THE INDIVIDUAL'S HEALTH OR MEDICAL HISTORY WHICH WAS FURNISHED TO A THIRD PERSON; AND TO PROVIDE FOR CHARGING A FEE FOR THE COPY.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2195Y).
Amend the bill, as and if amended, by striking the last sentence in SECTION 1 and inserting:
/The health care provider may charge the individual a reasonable administrative fee for the copy, such as for copying, typing, or otherwise preparing it, not to exceed actual cost./ so that, when amended, SECTION 1 will read:
/SECTION 1. Every health care provider in this State, including, but not limited to, every physician, dentist, chiropractor, and head of a "health care facility" as that term is defined in Section 44-7-130 of the 1976 Code, shall provide to an individual, upon the individual's request, a copy of any report concerning that individual's health or medical history which was furnished to any third person, including, but not limited to, an insurance company. The health care provider may charge the individual a reasonable administrative fee for the copy, such as for copying, typing, or otherwise preparing it, not to exceed actual cost./
Amend title to conform.
Rep. LOCKEMY explained the amendment.
Rep. THRAILKILL 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. 2017 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A MEANS FOR THE CONTINUATION OF A CERTIFICATE OF AUTHORITY AND OTHER APPROVALS PERTAINING TO ANY FOREIGN INSURER WHICH TRANSFERS ITS CORPORATE DOMICILE TO THIS OR ANY OTHER STATE BY MERGER OR CONSOLIDATION OR ANY OTHER LAWFUL METHOD; AND TO AMEND SECTION 38-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE ISSUANCE OF A CERTIFICATE OF AUTHORITY TO A DOMESTIC INSURER, SO AS TO REQUIRE DOMESTIC INSURERS TO MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS AND EXECUTIVE, ADMINISTRATIVE, AND HOME OFFICES IN SOUTH CAROLINA.
Rep. RUDNICK 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. 2056 -- Rep. Kirsh: A BILL TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES WHEN THEY OCCUR MORE THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1987Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subsections (B) and (C) of Section 23-11-40 of the 1976 Code are amended to read:
"(B) If any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, the Governor shall appoint some suitable person as provided in subsection (A) until a special election must be is held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs."
(C) If any vacancy occurs in the office at any time and is created by suspension by the Governor upon any sheriff's indictment, the Governor may shall appoint some suitable person, as provided for in subsection (A), to hold the office until the suspended sheriff is acquitted, or the indictment is otherwise disposed of, or until a sheriff is elected and qualifies in the next general election for county sheriffs, whichever event occurs first.
If the suspended sheriff is convicted less than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in the election. If the suspended sheriff is convicted more than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in a special election to be held in the county. The sheriff elected in the special election holds the office until a sheriff is elected and qualifies in the next general election for county sheriffs."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2089 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1980Y).
Amend the bill, as and if amended, in Section 7-25-180 of the 1976 Code, as contained in SECTION 1, line 4, by inserting between /the/ and /exterior/ /main/; line 10, by inserting after /designated/ /main/, and on the second from the last line of the section by inserting after /exterior/ /main/ so that when amended the section shall read:
Section 7-25-180. It shall be is unlawful on any election day within two hundred feet of the building wherein a polling place is located the main exterior door designated by the chairman of the poll managers for any person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of the polling place designated main exterior door clear of political literature and displays, and the county and municipal law enforcement officers shall, upon request of a poll manager, remove or cause to be removed any material within two hundred feet of a polling place the designated main exterior door distributed or displayed in violation of this section./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. BEASLEY 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. 2221 -- Reps. Wilder and Kirsh: A BILL TO AMEND SECTION 4-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE, SO AS TO PROVIDE THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION.
Rep. McTEER objected to the Bill.
Rep. WILDER explained the Bill.
Rep. McTEER 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. 2290 -- Rep. E.B. McLeod: A BILL TO AMEND SECTION 24-21-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO DELETE THE PROHIBITION AGAINST A PROBATIONER BEING REQUIRED TO SUBMIT TO SURVEILLANCE BY ELECTRONIC MEANS, AND TO PERMIT THIS ELECTRONIC SURVEILLANCE OF A PROBATIONER.
Rep. WILKINS explained the Bill.
H. 2412 -- Reps. Wilkins, P. Bradley, Arthur, Gentry, Hayes, Baxley, Beasley, Tucker, Short, Boan, T.M. Burriss, J.W. Johnson, Corning and Hearn: A BILL TO AMEND SECTION 15-39-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALE DAYS, SO AS TO PROVIDE THAT THE COURT OFFICER WITH AUTHORITY TO CONDUCT THE JUDICIAL SALE OF REAL PROPERTY PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE MAY DIRECT THAT THE SALE BE CONDUCTED ON ANY DAY OR DAYS; AND TO AMEND SECTION 29-3-680, RELATING TO APPLICATION FOR ORDER OF APPRAISAL BY A DEFENDANT IN A REAL ESTATE FORECLOSURE ACTION AGAINST WHOM A PERSONAL JUDGMENT BE TAKEN OR ASKED, SO AS TO PROVIDE THAT THE PETITION FOR APPRAISAL MUST BE MADE WITHIN THIRTY DAYS RATHER THAN NINETY DAYS AFTER THE SALE.
S. 298 -- Senator Bryan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LAKESIDE COUNTRY CLUB IN LAURENS COUNTY.
S. 300 -- Senator Bryan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LONG BRANCH COMMUNITY CENTER INC. IN LAURENS COUNTY.
S. 354 -- Senator Dennis: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BERKELEY COUNTY L. MENDEL RIVERS MEMORIAL ASSOCIATION IN BERKELEY COUNTY.
The following Bill was taken up.
H. 2481 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO EXEMPT HOSPITALS AND INFIRMARIES MAINTAINED BY THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF THE ACT.
Rep. TOAL 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. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.
Rep. J.W. JOHNSON 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. 2483 -- Labor, Commerce and Industry Committee: A BILL TO REQUIRE ALL EMPLOYERS TO ASSIST THEIR INSURERS OR CARRIERS IN PROCESSING CLAIMS ARISING UNDER TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, (THE WORKERS' COMPENSATION LAW) INCLUDING THE FILING OF A REPORT BY EMPLOYERS WITH THEIR INSURERS; TO REQUIRE AN INSURER OR SELF-INSURED EMPLOYER TO SEND NOTICE OF DENIAL OF A COMPENSABILITY CLAIM UNDER TITLE 42 TO EACH PROVIDER OF MEDICAL SERVICES AND TO ANY PROVIDER OF HEALTH INSURANCE FOR THE INJURED WORKER, AND PROVIDE FOR A PROCEDURE FOR RESOLVING THE SAME; TO PROVIDE A METHOD WHEREBY THE PARTIES WHO ARE IN DISAGREEMENT OVER THE COMPENSABILITY OF A CLAIM UNDER TITLE 42 MAY BY AGREEMENT MAKE A DISPOSITION OF THE CLAIM AS IS CONSIDERED REASONABLE; AND TO PROVIDE THAT "COMPENSATION" UNDER THIS ACT INCLUDES ALL BENEFITS, INCLUDING MEDICAL SERVICES, PROVIDED FOR A COMPENSABLE INJURY TO A SUBJECT WORKER OR THE WORKER'S BENEFICIARIES BY A DIRECT RESPONSIBILITY EMPLOYER.
Rep. J.W. JOHNSON 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. 2484 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE STATE WORKERS' COMPENSATION FUND AND ITS DIRECTOR, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT THE DIRECTOR SERVES FOR A TERM OF SIX YEARS WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE THAT HE IS DIRECTLY RESPONSIBLE TO THE GOVERNOR WHO HAS THE POWER TO REMOVE HIM FOR CAUSE, REQUIRE THE DIRECTOR TO PROVIDE QUARTERLY MANAGEMENT REPORTS TO THE GOVERNOR, PROVIDE THAT THESE REPORTS ALSO MUST BE MADE AVAILABLE TO STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, WITH JURISDICTION, IF REQUESTED, AND REQUIRE THE DIRECTOR TO SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY ANNUALLY; AND TO AMEND SECTION 8-17-370, RELATING TO GROUPS EXEMPTED FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO INCLUDE THE ATTORNEYS OF THE STATE WORKERS' COMPENSATION FUND.
Rep. J.W. JOHNSON 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.
Upon the withdrawal of objections by Reps. J. BRADLEY and R. BROWN the following Bill was taken up.
H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-840.
Rep. WHITE explained the Bill.
Rep. GORDON objected to the Bill.
Rep. BLACKWELL asked unanimous consent to take up H. 2083 for immediate consideration.
Rep. J. BRADLEY objected.
On motion of Rep. AYDLETTE, with unanimous consent, it was ordered that H. 2124 be read the third time tomorrow.
On motion of Rep. OGBURN, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:
H. 2518 -- Rep. Ogburn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS.
Referred to Committee on Labor, Commerce and Industry.
The following Bill was taken up.
H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-840.
Rep. WHITE explained the Bill.
Rep. McCAIN objected to the Bill.
Rep. WHITE moved to adjourn debate upon the Bill, which was adopted.
Rep. TOWNSEND moved that the House do now adjourn which was rejected by a division vote of 46 to 48.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 2231 -- Reps. M.D. Burriss, Hearn and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-35 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES WHO BECOMES A PERMANENT RESIDENT OF THE STATE MAY HAVE THIRTY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE THAT HE MUST BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE WITHOUT EXAMINATION IF HE HAS A VALID DRIVER'S LICENSE FROM ANOTHER STATE OR TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA AT THE TIME OF HIS APPLICATION.
Rep. TOAL moved to adjourn debate upon the following Concurrent Resolution, which was adopted.
H. 2060 -- Reps. Aydlette and P. Bradley: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
The following Concurrent Resolution was taken up.
H. 2287 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES SECRETARY OF TRANSPORTATION TO APPROVE THE REQUEST OF PIEDMONT AIRLINES TO ESTABLISH INTERNATIONAL SERVICE BETWEEN CHARLOTTE, NORTH CAROLINA, AND LONDON.
Whereas, Piedmont Airlines has filed a request to route an international flight between Charlotte, North Carolina, and London; and
Whereas, the granting of this route to Piedmont Airlines would inure to the benefit of the State of South Carolina by enhancing its ability to attract foreign industries to this area. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina are memorializing the President of the United States and the United States Secretary of Transportation to approve the request of Piedmont Airlines to establish international service between Charlotte, North Carolina, and London.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the United States Secretary of Transportation, and to each member of the South Carolina Delegation.
Rep. HARVIN explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 2404 -- Rep. G. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT ANY LEGISLATION THAT HAS THE EFFECT OF REMOVING OR IMPAIRING THE BENEFITS ACCRUING TO THE MILITARY VETERANS WHO GAVE THEIR LOYALTY AND THEIR DEVOTION IN DEFENSE OF THESE UNITED STATES OF AMERICA.
Whereas, there is at this time a movement afoot to undermine the vitality and dedication of this nation's armed forces by gradually and insidiously eroding and diminishing the long standing and traditional entitlements that members of the military and veterans have been heir to; and
Whereas, for this nation's leaders to abruptly and thoughtlessly abrogate its solemn and moral obligation to provide the prescribed necessities and benefits to those valiant and self-sacrificing veterans who formed the bulwark in defense of our country in time of crises is not only a travesty and cruel injustice, but a breach of faith unheard of in the civilized world; and
Whereas, for the Congress to enact legislation that would undermine the confidence and trust of our servicemen and women and our veterans is a grievous error and grievously will we pay for such precipitous action; and
Whereas, many of our veterans are aged, many are infirm, and many are penurious. It is unseemly, indeed, it is un-American, that our nation's leaders would callously slam the door on loyalty, dedication, and faith so unselfishly given. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize Congress not to enact any legislation that has the effect of removing or impairing the benefits accruing to the military veterans who gave their loyalty and their devotion in defense of these United States of America.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to each United States Senator from South Carolina, and each member of the House of Representatives of Congress from South Carolina.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 359 -- Senators Giese and Lourie: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS H.R. 2, THE SURFACE TRANSPORTATION AND UNIFORM RELOCATION SYSTEMS ACT OF 1987, AND S.82, ITS SENATE COMPANION LEGISLATION, WHICH WOULD MAKE AVAILABLE FEDERAL HIGHWAY FUNDS FOR USE IN THIS STATE.
Whereas, the members of the General Assembly are aware that there is under consideration in the United States House of Representatives H.R. 2, the Surface Transportation and Uniform Relocation Assistance Act of 1987, and are further aware that companion legislation is pending in the United States Senate; and
Whereas, this legislation would release for use in South Carolina federal highway funds previously appropriated that may be used for the construction of essential highway projects given the highest priority of the South Carolina Department of Highways and Public Transportation; and
Whereas, these funds are absolutely essential if the state's highway system is to be completed and maintained during a time of high costs and reduced local funding. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize the Congress of the United States and urge them to pass the two bills.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 370 -- Senators Horace C. Smith, Bryan, Courson, Doar, Fielding, Garrison, Hayes, Hinson, Land, Lee, Lourie, Macaulay, Martin, McConnell, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ENACT LEGISLATION TO EQUALIZE OLD AGE BENEFITS UNDER THE SOCIAL SECURITY PROGRAM FOR PERSONS WHO HAVE SIMILAR WAGE HISTORIES, REGARDLESS OF THE DATE UPON WHICH THEY BECOME AGE SIXTY-TWO.
Whereas, the federal Old Age, Survivors, and Disability Insurance program, established pursuant to Title 2 of the federal Social Security Act (42 USC Sec. 401 et. seq.), was established in order to provide, among other persons, the elderly with an adequate income to meet basic needs and live in a dignified manner; and
Whereas, persons who have similar wage history receive greater old age benefits under this program if they reach age sixty-two during, or prior to, 1978, than if they reach age sixty-two after 1978; and
Whereas, several bills have been introduced in the United States Congress to alleviate this disparity, including H.R. 4093; and
Whereas, it is clearly unjust to permit persons reaching age sixty-two after 1978 to continue receiving as much as one hundred dollars a month less in benefits than those persons with similar wage histories reaching that age during, or prior to, 1978. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly memorializes the Congress and the President of the United States to enact legislation equalizing the old age benefit levels received under the Social Security program by all persons with similar wage histories, regardless of the date when they become age sixty-two.
Be it further resolved that a copy of this resolution be forwarded to the President and Vice-President of the United States, the Speaker of the House of Representatives, and each Senator and Representative in the South Carolina congressional a delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. LEWIS moved to recall H. 2516 from the Ways y and Means Committee, which was agreed to.
Rep. HASKINS moved that the House recur to the morning hour, which was not agreed to.
Rep. HOLT moved that the House do now adjourn.
Rep. WILKINS 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. WILKINS moved to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4.
H. 2253 -- Reps. Hodges and Boan: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO PROVIDE THAT ANY PERSON CONDUCTING THE TEST IS NOT LIABLE FOR ANY CLAIM FOR CIVIL DAMAGES ARISING OUT OF PERSONAL INJURY BASED ON CONTRACT OR TORT.
Debate was resumed on Amendment No. 4, which was proposed on Wednesday, February 18, by Rep. LOCKEMY.
Rep. LOCKEMY moved to adjourn debate upon the amendment, which was adopted.
Rep. McELVEEN proposed the following Amendment No. 7, as amended, which was adopted.
Amend as and if amended.
Delete at page A-2, line 17, the words, "other qualified person"
Add at page A-2, line 16, the word "or" between "chemist" and registered nurse
Amend page A-2, lines 26-32, so it will read:
"A physician, qualified technician, chemist, or registered nurse who conducts the test or participates in the process of conducting the test in accordance with this section shall not be subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood at the request of the arrested person or a law enforcement officer was wrongful, provided, that this release from liability shall not reduce the standard of care required of the person conducting the test. This qualified release also applies to the employer of the person who conducts the test.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 4, which was proposed on Wednesday, February 18, 1987, by Rep. LOCKEMY.
Rep. LOCKEMY moved to table the amendment which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that H. 2253 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 2308 -- Reps. Rudnick, White, Huff, Sharpe, Koon, Arthur, Nesbitt, O. Phillips and Moss: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1990, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY PROVIDES IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Rep. RUDNICK explained the Joint Resolution.
Rep. J.C. JOHNSON moved that the House do now adjourn.
Rep. RUDNICK 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. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Aydlette Bailey, K. Baker Baxley Bennett Blackwell Blanding Boan Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cooper Dangerfield Edwards Fair Ferguson Foxworth Gordon Gregory Harris, J. Harvin Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Koon Lewis Mappus Martin, D. Martin, L. Mattos McGinnis McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Rice Rogers, T. Sharpe Short Toal Townsend Waldrop Washington Whipper Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, C. Barfield Bradley, J. Bradley, P. Brown, J. Burriss, J.H. Chamblee Corning Davenport Derrick Elliott Felder Foster Gentry Gilbert Haskins Hawkins Hayes Hearn Huff Kirsh Klapman Limehouse Lockemy McCain McEachin McLellan Moss Neilson Pearce Petty Rudnick Sheheen Shelton Sturkie Taylor Thrailkill Tucker Wells
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Joint Resolution, Rep. RUDNICK having the floor.
At 12:15 P.M. the House in accordance with the motion of Rep. J.C. JOHNSON adjourned to meet at 10:00 A.M. tomorrow.
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