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:
Our Father God, in the quiet moments of this meditation, make us to rise above the noise and demands of the world to the bright light of Your ever available presence. Cause us to feel Your presence not only while we pray, but in our work as well. Create within us characteristics that are kinder and more understanding that we may be a part in the making of a better State. Brace us for all the adjustments, perils and sacrifices we must face in a swiftly changing world. Out of the pain and debris of many wrongs may there be distilled a fairer homeland, a happier humanity and a more God-fearing world.
And to You, O Lord, we give our praise and thanksgiving.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 17, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Shealy and Nell W. Smith of the Committee of Conference on the part of the Senate on S. 1006:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Very respectfully,
President
No. 68
Received as information.
The following was received.
Columbia, S.C., May 17, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1295:
S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.
Very respectfully,
President
No. 37
Received as information.
The following was introduced:
H. 4279 -- Reps. Rudnick, Sharpe, Jones, Huff and Pettigrew: A CONCURRENT RESOLUTION EXPRESSING REGRET BY THE MEMBERS OF THE GENERAL ASSEMBLY AT THE ANNOUNCED CLOSING OF ST. ANGELA ACADEMY IN AIKEN COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4280 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO COMMEND MRS. CHRISTINA P. (CHRIS) FRAZIER FOR BEING CHOSEN TEACHER OF THE YEAR FOR 1987-88 FOR DORCHESTER COUNTY SCHOOL DISTRICT 2.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1516 -- Senators Holland, Moore, Matthews, Wilson and Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF SEPTEMBER AS REGISTER TO VOTE MONTH TO EMPHASIZE THIS GREAT RESPONSIBILITY AS WE APPROACH THE 1988 GENERAL ELECTION.
Whereas, emphasis needs to be placed on voter registration and voting as we approach the 1988 general election; and
Whereas, with the advent of the upcoming 1988 elections, much emphasis is once again being placed on voter registration and turnout; and
Whereas, of the 2.4 million people old enough to register and vote in this State, only sixty percent are on the registered voter lists; and
Whereas, statistics show that the vast majority of people who register will vote on election day, therefore, if people register, they will participate; and
Whereas, usually seventy-five percent of those registered will vote during a presidential election, and sixty percent will vote during our Governor's election year; and
Whereas, all areas of the State are equally affected by the lack of registration of voters. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly designate the month of September as Register to Vote Month to emphasize this great responsibility as we approach the 1988 General Election.
Be it further resolved that a copy of this resolution be forwarded to the chairman of the State Election Commission.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1194 -- Senators Thomas E. Smith, Jr., Bryan, Hayes and Fielding: A BILL TO AMEND SECTION 62-1-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS BY A HOLDER OF A GENERAL POWER OF APPOINTMENT, SO AS TO DEFINE THE TERM "PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT"; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE SUBJECT MATTER OF JURISDICTION OF THE PROBATE COURTS, SO AS TO REVISE CERTAIN ASPECTS OF THIS JURISDICTION; TO AMEND SECTION 62-1-306, RELATING TO JURY TRIALS IN THE PROBATE COURT, SO AS TO FURTHER PROVIDE FOR THE SITUATIONS WHEN JURY TRIALS MAY BE DEMANDED AND THE MANNER IN WHICH THESE TRIALS MAY BE WAIVED; TO AMEND SECTION 62-3-1201, AS AMENDED, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO PERMIT CERTAIN ESTATES UNDER TEN THOUSAND DOLLARS NOT TO BE ADMINISTERED; TO AMEND SECTION 62-5-102, RELATING TO JURISDICTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO CLARIFY THAT THE PROBATE COURT HAS JURISDICTION OF CERTAIN PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS; TO AMEND SECTION 62-5-402, RELATING TO PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THE JURISDICTION OF THE PROBATE COURT AND OTHER COURTS WITH REGARD TO CERTAIN CLAIMS AND ISSUES IN THESE PROCEEDINGS; TO AMEND SECTION 62-5-411, RELATING TO BONDS IN PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THESE BONDING REQUIREMENTS; TO AMEND SECTION 62-5-424, RELATING TO POWERS OF A CONSERVATOR, SO AS TO REVISE HIS AUTHORITY TO PAY, CONTEST, OR SETTLE CERTAIN CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433 SO AS TO PROVIDE THAT THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO APPROVE THE SETTLEMENT OF CLAIMS IN EXCESS OF TEN THOUSAND DOLLARS FOR OR AGAINST ANY MINOR OR INCAPACITATED PERSON FOR THE PAYMENT OF MONEY OR THE POSSESSION OF PERSONAL PROPERTY, TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT WHERE THESE CLAIMS DO NOT EXCEED TEN THOUSAND DOLLARS, AND TO PROVIDE THE PROCEDURES TO BE FOLLOWED IN SETTLING THESE CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-211 SO AS TO ALLOW THE COURT TO CONSOLIDATE OR DIVIDE TRUSTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-7-302, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THIS STANDARD OF CARE; TO AMEND SECTION 62-7-418, RELATING TO CHARGES WHICH MUST BE MADE AGAINST PRINCIPAL, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-72-10 SO AS TO CONFORM THE JURISDICTION OF THE CIRCUIT COURT TO THE PROVISIONS OF SECTION 62-5-433; AND TO REPEAL SECTION 62-3-1202, RELATING TO THE EFFECT OF AFFIDAVITS WITH RESPECT TO PERSONAL PROPERTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 162 -- Senator Lourie: A BILL TO AMEND CHAPTER 11 OF TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-95 SO AS TO DEFINE HEALTH CARE PROFESSIONAL, TO PROVIDE THAT MEDICAL INFORMATION CONCERNING THE PHYSICAL OR MENTAL CONDITION OF A PATIENT IS PRIVILEGED INFORMATION, TO PROVIDE INSTANCES IN WHICH THE PRIVILEGE IS WAIVED AS TO THE HEALTH CARE PROFESSIONAL, AND TO PROVIDE THAT ANY HEALTH CARE PROFESSIONAL IS NOT LIABLE FOR THE RELEASE OF THE INFORMATION TO AUTHORIZED PERSONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4281 -- Rep. Edwards: A CONCURRENT RESOLUTION COMMENDING MRS. GUYNELL MURPH JONES OF SPARTANBURG COUNTY FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO PUBLIC EDUCATION, AND WISHING HER MUCH HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4282 -- Reps. Humphries, T. Rogers, Faber, M.D. Burriss, J. Brown, Taylor, Hearn, T.M. Burriss, McBride and Corning: A CONCURRENT RESOLUTION COMMENDING MS. CHARLENE BOYETTE OF RICHLAND COUNTY FOR HER TIME, ENERGY, EFFORTS, AND DEDICATION ON BEHALF OF THE VICTIMS OF DRUNKEN DRIVERS AND EXPRESSING SUPPORT AND ENCOURAGEMENT FOR HER OUTSTANDING WORK.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
On motion of Rep. L. MARTIN, with unanimous consent, the following Report was ordered printed in the Journal.
May 18, 1988
The South Carolina General Assembly has been asked on numerous occasions to review legislation dealing with issues relating to motor fuel pricing practices in South Carolina. In an effort to carefully review this very important issue, the Speaker of the House of Representatives and the Chairman of the House Judiciary Committee, House Labor, Commerce and Industry Committee and the House Ways and Means Committee agreed to create an Ad Hoc Committee to Study Motor Fuel Marketing.
Two members of each of the three committees were appointed by the Chairman. They were: Rep. Larry A. Martin (Chm.) and Rep. Thomas C. Alexander (LCI Comm.); Rep. Henry E. Brown, Jr., and Rep. H. Howell Clyborne, Jr., (Judiciary Comm.); Rep. James G. Mattos and Rep. Daniel E. Winstead (Ways and Means Comm.).
The Report of the Ad Hoc Committee was released this date and submitted to the Speaker and the Chairmen of the respective committees. The conclusions of the Committee, see Report, pages 21-23, are summarized as follows: the Committee unanimously concluded that the evidence and information that it reviewed over the past eight months does not warrant legislative action on motor fuel pricing practices at this time; the Committee believes that the State Department of Consumer Affairs might be able to establish a special complaint handling process as regards motor fuel pricing practices to enable the General Assembly to monitor this very important issue; after careful review and discussion, the Committee expressed concern about the tax exemption as regards ethanol but did not recommend any changes in this tax exemption which is scheduled by statute to expire in 1992.
Received as information.
The following was introduced:
H. 4283 -- Rep. Ferguson: A CONCURRENT RESOLUTION TO WELCOME MRS. MARY HATWOOD FUTRELL, PRESIDENT OF THE NATIONAL EDUCATION ASSOCIATION, TO THIS STATE AS SHE VISITS GREENVILLE ON MAY 20, 1988, AND TO RECOGNIZE HER FOR HER MANY CONTRIBUTIONS AND ACCOMPLISHMENTS IN HER FIELD OF WORK.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4284 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR BUDGETS AND TAX LEVIES FOR THE COUNTY'S SCHOOL DISTRICTS AND THAT NO SCHOOL DISTRICT MAY RAISE ITS MILLAGE BY MORE THAN FIVE MILLS IN ANY YEAR WITHOUT A REFERENDUM.
Without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Dangerfield Day Edwards Elliott Faber Fair Felder Ferguson Foster Gordon Gregory Harris, J. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Mappus Martin, O. Martin, L. Mattos McAbee McBride McCain McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Thrailkill Townsend Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 18, 1988.
E.D. Foxworth Dave C. Waldrop, Jr. Woody McKay Bill Cork Thomas Rhoad Dell Baker Paul Derrick Malloy McEachin Steve Lanford Pat Harris Ralph Davenport John Tucker Bob Kohn Olin R. Phillips J. William McLeod Frank Gilbert E. Leroy Nettles C. Lenoir Sturkie Donna Moss John H. Burriss Philip Bradley Larry Gentry Roland S. Corning John J. Snow L. Edward Bennett Tom Limehouse Larry Koon
STATEMENTS OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 10, 1988.
Reps. T.M. BURRISS, HARVIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 11, 1988.
Reps. FAIR and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 12, 1988.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 17, 1988.
Rep. J. BRADLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reason for this request.
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Day Derrick Edwards Elliott Faber Felder Ferguson Gordon Gregory Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Lanford Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McGinnis McKay McLeod, E.B. McTeer Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. J. BRADLEY, NEILSON and G. BAILEY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 11, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking Section 38-77-125 of the 1976 Code as contained in Section 1 and inserting:
/Section 38-77-125. Every automobile insurance policy or other policy containing automobile insurance coverage on the face of the policy must state the complete name of the company issuing the policy, its address, and telephone number. The company shall also on the policy or on a separate form provide the business name, address, and telephone number of its resident insurance adjustor./
/s/Glenn F. McConnell /s/John D. Bradley, III /s/Thomas L. Moore /s/Denny W. Neilson /s/Bill Branton /s/George H. Bailey On Part of the Senate On Part of the House
The report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4154 -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING FOUR HUNDRED THOUSAND DOLLARS TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4275 -- Rep. J. Rogers: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SCHOOL DISTRICT OF MARLBORO COUNTY AND THE MARLBORO COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE DISTRICT AND TO DELETE THE AUTHORITY OF THE TRUSTEES OF THE ADMINISTRATIVE AREAS WITHIN THE SCHOOL DISTRICT TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE PARTICULAR ADMINISTRATIVE AREA.
H. 4276 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-1989 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1988-1989.
S. 1504 -- Senator Bryan: A BILL TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS NOS. 55 AND 56, ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR MEMBERS OF THE BOARD, PROVIDE THAT THESE ELECTIONS MUST BE NONPARTISAN, PROVIDE THE MANNER IN WHICH THE MEMBERS OF THESE BOARDS ARE ELECTED, PROVIDE FOR THE MANNER IN WHICH THESE NONPARTISAN ELECTIONS MUST BE CONDUCTED, ABOLISH THE LAURENS COUNTY BOARD OF EDUCATION AND DEVOLVE ITS DUTIES, POWERS, AND RESPONSIBILITIES UPON THE SCHOOL DISTRICTS IN THE COUNTY, EXCEPT THOSE FUNCTIONS REGARDING THE ELECTION PROCESS OF THE TRUSTEES OF THE DISTRICTS; AND REPEAL ACTS 276 AND 277 OF 1987 RELATING TO THE ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS 55 AND 56 IN LAURENS COUNTY.
S. 1459 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT, AND PROVIDE FOR AN EFFECTIVE DATE OF ONE HUNDRED EIGHTY DAYS AFTER APPROVAL BY THE GOVERNOR.
Rep. WILKINS explained the Bill.
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. 708 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO ESTABLISH A NO WAKE ZONE ON THE CONGAREE RIVER SOUTH OF THE CITY OF COLUMBIA BETWEEN THE OLD GOVERNMENT LOCKS AND THE CITY OF CAYCE PUMPING STATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ERECT SIGNS INFORMING THE BOATING PUBLIC OF THE NO WAKE ZONE.
S. 1450 -- Senators Martschink, Dennis and McLeod: A BILL TO AMEND SECTION 50-11-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN GAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1445 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANGE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.
S. 172 -- Senator Powell: A BILL TO PROVIDE THAT REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE VOID ON MAY 15, 1988, UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO THAT DATE AND TO PROVIDE THAT REGULATIONS BECOMING EFFECTIVE WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY ARE VOID AFTER SINE DIE ADJOURNMENT OF THE GENERAL ASSEMBLY IN THE SECOND YEAR FOLLOWING THEIR EFFECTIVE DATE UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO ADJOURNMENT.
The following Bill was taken up.
S. 1335 -- Senator McLeod: A BILL TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 12, by Rep. PETTIGREW.
Rep. PETTIGREW 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.
S. 1355 -- Senator Doar: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Rep. BAXLEY proposed the following Amendment No. 1 (Doc. No. 3872J), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1, page 1355-2, beginning on line 26.
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. ALTMAN moved to table the amendment, which was not agreed to by a division vote of 22 to 41.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3602J), which was adopted.
Amend the bill, as and if amended, by adding five appropriately numbered sections to read:
/SECTION _____. The first paragraph of Section 38-77-340 of the 1976 Code is amended to read:
"Notwithstanding the definition of 'insured' in Sections 38-77-20, 38-73-470 and Sections 38-77-140 through 38-77-230 Section 38-77-30, the insurer and any named insured must, by the terms of a written amendatory endorsement, the form of which has been approved by the Chief Insurance Commissioner, agree that coverage under such a policy of liability insurance shall not apply while the motor vehicle is being operated by a natural person designated by name. The agreement, when signed by the named insured and the person to be excluded, or by someone acting in the excluded person's behalf, is binding upon every insured to whom the policy applies. However, no natural person may be excluded unless (1) his driver's license has been turned in to the South Carolina Department of Highways and Public Transportation or (2) an appropriate policy of liability insurance or other security as may be authorized by law has been properly executed in the name of the person to be excluded. The agent of the insurer writing the policy of insurance excluding a named driver shall determine that the necessary driver's license has been delivered to the Department of Highways and Public Transportation or that a policy of insurance or security described in item (2) of this section is in effect before submitting the application for exclusion of a named driver."
SECTION ______. The second and third paragraphs immediately preceding subitem (1) of item (A) of Section 38-73-455 of the 1976 Code are amended to read:
"Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in items subitems (1) through (8) of subsection item (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 37-77-349 or 56-10-60 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:"
SECTION _____. Section 56-10-270(a) of the 1976 Code is amended to read:
"(a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State 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. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 56-10-60 38-77-340."
SECTION ______. Section 38-77-280(B) of the 1976 Code, as last amended by an act of 1988 bearing ratification number 429, is further amended to read:
"(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Sections Section 38-77-340 and 56-10-60 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses."
SECTION _____. Section 56-10-60 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc. No. 3617J), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered sections to read:
/SECTION ______. Section 38-73-10(2) of the 1976 Code is amended to read:
"(2) empower the Commissioner to fix, establish, and promulgate any uniform statistical plan or plans necessary or appropriate to obtain all automobile insurance loss and loss adjustment expense experience, other expense experience, and all other appropriate statistical and financial data from insurers, rating organizations, and advisory organizations engaged in an automobile insurance business in this State to the end that the State Rating and Statistical Division Commissioner shall promulgate, not less then annually, the risk and territorial classification plan or plans to be used by all insurers of automobile insurance in this State and in order that the Commissioner may test, not less than annually, the class and territorial differentials previously established against the most recently available loss experience;"
SECTION ______. Section 38-73-720 of the 1976 Code is amended to read:
"Section 38-73-720. The State Rating and Statistical Division is empowered through order of the Commissioner to fix, establish, and promulgate fair and reasonable classifications and territories for automobile insurance risks in accordance with the criteria and standards mentioned in Section 38-73-730 and consistent with the purposes of this chapter and Chapter 77 of this title.
Notwithstanding any other provision of law, every automobile insurer and rating organization shall, prior to November 1 1988, file with the Commissioner for approval a classification plan for automobile insurance for the establishment of rates and premiums. The filed classification plans must be introduced actuarially on-balance so that no increase in income level is produced by the filed classification plans. Decreases for income levels are encouraged. The filed classification plans may not have more than thirty-five individual classifications and may not consider race, religion, national origin or economic status. The classification plans as filed by these insurers and rating organizations are effective on or after February 1, 1989, for all eligible applicants and upon the renewal date, on or after February 1, 1989, for all existing policyholders. Classification plans may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. These standards may measure any differences among risks which may have a probable effect upon losses or expenses.
The Commissioner is empowered to promulgate reasonable territories.
Auto insurance risks must be rated in accordance with the criteria and standards mentioned in Section 38-73-730 and consistent with the purposes of this chapter and Chapter 77 of this title."
SECTION _____. Section 38-73-730 of the 1976 Code is amended to read:
"Section 38-73-730. No distinctions are permitted nor may be made between policyholders or applicants for automobile insurance as respects coverages, policy terms, rates, premium payment arrangements, claim services, or other services provided by the insurer directly or through its agents or employees except as the distinctions are relevant to and reflected in insurers' rating classifications under risk and territorial classification plans promulgated or approved by the Commissioner. No risk classification plan may be promulgated approved unless the criteria used for classifying risks are objective, clear, and unequivocal and based upon factually or statistically supported data, nor unless the classifications in the rating plan are calculated to render possible the compilation of credible statistical data both for purposes of determining premiums and losses and for comparing the relative relationships between the loss or expense experience or both of the respective classes. The legislative intent is to make it possible for the Commissioner to determine the total profit or loss and expense operating results of the entire line of automobile insurance and each component thereof and of each automobile insurer transacting insurance within the line and each component and to make price comparisons between the rates and premium charges of the various insurers. It is further the policy of this chapter to render possible the evaluation by the Commissioner of the performance of the total insurance market and to enable him thereby to assist automobile insurance consumers in making appropriate consumer decisions."
SECTION _____. Section 38-73-735 of the 1976 Code is amended to read:
"Section 38-73-735. In addition to risk and territorial classification plans promulgated or approved under Section 38-73-730, the Commissioner may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the Commissioner unless: (1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal; (2) the criteria are based upon factually or statistically supported data; and (3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor. If an insurance credit or discount plan is given to an insured pursuant to this section, the policy may not be ceded to the Reinsurance Facility unless the credit or discount was promulgated by the Commissioner for use by all insurers of automobile insurance."
SECTION _____. Section 38-73-750 of the 1976 Code is amended to read:
"Automobile insurers shall file with the State Rating and Statistical Division their plans or systems for allocating expenses and profit as respects the various kinds or types of automobile insurance risks and the classes of risks thereunder. However, no plan or system may be filed which is inconsistent with the classification of risks promulgated approved by the State Rating and Statistical Division Commissioner. No plan or system may be filed or approved if the purpose or effect is to discriminate unfairly or unreasonably in respect to the allocation of expenses or profit between classes of risks or if the purpose or effect is to impose a burden or detriment upon the South Carolina Reinsurance Facility or to secure to the insurer using the plan or system an unfair or unreasonable competitive advantage to the detriment of the South Carolina Reinsurance Facility or other insurers. The Commissioner shall, after due notice and hearing, disapprove and disallow the further use of an inconsistent, discriminatory, burdensome, or competitively unfair plan or system for the allocation of expenses and profit."
SECTION ____. Section 38-73-760(b) of the 1976 Code is amended to read:
"(b) The statistical plan or plans may be devised and promulgated so as to provide for any and all statistical and financial data necessary or appropriate to the implementation of the policy of this chapter or Chapter 77 of this title or to yield statistical data reasonably and fairly related to any of the purposes of this article, including, but not limited to, the fixing, establishing, and promulgating approving of risk and the promulgating of territorial classification plans for automobile insurance; determining the pure loss rate level indications for automobile insurance in South Carolina based upon all South Carolina loss experience and assisting in the translating of this information into usable form for insurance consumers in terms of the final rates or premium charges of each insurer of automobile insurance, determining the reasonability of loss adjustment expenses, other expenses and profit factors applied by insurers to their pure loss components in arriving at their final rates or premium charges for automobile insurance both for purposes of ensuring that the final rates or premium charges are adequate, not excessive, and not unfairly discriminatory and for ensuring that improper and undue burdens are not imposed upon the South Carolina Reinsurance Facility by way of excessive ceding commissions to ceding insurers; determining the amount, validity, and propriety of class and territorial differentials applied to the general pure loss rate levels and testing not less than annually the appropriateness of the existing differentials in the light of the most recent available loss experience data; determining the amount, validity, and propriety of surcharges and discounts referable to any uniform merit rating plan or system which may have been promulgated by the State Rating and Statistical Division Commissioner or which may be under consideration for promulgation, and testing not less than annually, the appropriateness of the surcharges and discounts in the light of the most recent available loss experience data; determining the propriety or validity of any plan for the classification of risks which may be in effect or under consideration based upon the propensities of motor vehicles or classes or types of motor vehicles or their equipment to shield occupants from death or serious injury as a result of crash or based upon the relative invulnerability of the motor vehicles or classes or types of motor vehicles to extensive damage as a result of crash or their repairability at modest expense; or obtaining data relevant to studies being made or to be made by the State Rating and Statistical Division in connection with any of the foregoing or in connection with means and methods for providing appropriate rates for insurance consumers or fostering and encouraging competition among insurers."
SECTION _____. Section 38-73-770 of the 1976 Code is amended to read:
"Section 38-73-770. Every classification plan fixed, established, and promulgated approved by the State Rating and Statistical Division Commissioner must be so structured as to produce rates or premium charges which are adequate, not excessive, and not unfairly discriminatory."
SECTION _____. Section 38-77-10(1) of the 1976 Code, as last amended by an act of 1988 bearing Ratification Number 429, is further amended to read:
"(1) To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to automobile insurance from the automobile insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds falling within the classification of risk and territory under the applicable risk and territorial classification plan promulgated or approved by the Commissioner so long as all these applicants or insureds have satisfied the same objective standards as established in Sections 38-77-280 and 38-73-455; "
SECTION _____. Section 38-77-910 of the 1976 Code is amended to read:
"Section 38-77-910. It is an act of unlawful discrimination for an automobile insurer to make any distinction between automobile insurance policyholders or applicants for automobile insurance with respect to coverage, rates, claims, or other services except as the distinctions are provided for in the rating plans for the classification of risks and territories promulgated or approved by the Commissioner."
SECTION ______. Section 38-77-950 of the 1976 Code is amended to read:
"Section 38-77-950. It is the intent of this chapter that the Facility shall may not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated approved by the Department Commissioner; nor for the purpose of discriminating against such risks or any risks in certain rating territories. The Commissioner shall prohibit unreasonable or excessive utilization of the Facility.
A prima facie case of excessive or unreasonable utilization shall be is established upon a showing that an automobile insurance insurer or a group of such insurers under the same management has ceded or is about to cede more than forty percent of total direct written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement(s) statements of such insurer or group."
SECTION ______. Section 2 of Act 166 of 1987 is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 3 (Doc. No. 6469k).
Amend the bill, as and if amended, by adding the following appropriately numbered section to read:
/SECTION ______. "(A) The owner of a motor vehicle damaged by the act of another is entitled to recover, in addition to any other property damages allowed by law, reasonable expenses necessary to rent a comparable motor vehicle.
(B) If the motor vehicle is partially damaged and can be repaired, the at-fault party's liability to pay rental vehicle expenses continues during the time in which the damaged vehicle could reasonably be repaired.
(C) If the motor vehicle is totally destroyed and cannot economically be repaired, the at-fault party's liability to pay rental vehicle expenses continues for fifteen days following the date of the accident, or until payment in settlement of the property damage claim is delivered to the owner of the vehicle, whichever occurs first.
(D) Motor vehicle rental expenses prescribed in this section are an element of property damage which must be covered by a motor vehicle liability insurance policy issued or delivered in this state."
Renumber sections to conform
Amend title to conform
Rep. J. BRADLEY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 3, Rep. J. BRADLEY having the floor.
Rep. WILKINS moved that the House recur to the morning hour.
Rep. HAYES insisted upon the Special Orders of the day.
Rep. RUDNICK raised the Point of Order that the insistence on the Special Order was improper as the motion to recur to the morning hour was the pending motion.
The SPEAKER overruled the Point of Order.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HAYES having the floor.
H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 12, by the Committee on Judiciary.
Rep. HAYES continued speaking.
Rep. RUDNICK moved that the House recede for 3 minutes, which was rejected by a division vote of 9 to 52.
Rep. HAYES continued speaking.
Rep. HAYES explained the amendment.
Rep. FAIR explained the amendment.
Rep. RUDNICK moved that the House stand at ease until the Joint Assembly, which was rejected.
The question then recurred to the adoption of the amendment.
Rep. HUMPHRIES demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 85 to 4.
Rep. PEARCE proposed the following Amendment No. 2 (Doc. No. 3477J), which was adopted.
Amend the bill, as and if amended, by striking Section 44-41-31 as contained in SECTION 3, beginning on page 3 in it entirety and inserting:
/"Section 44-41-31. No person may perform an abortion upon a minor unless:
(1) the attending physician or his agent or the referring physician or his agent secured the informed written consent, signed and notarized, of the minor and one of the minor's parents, if available, or legal guardian; or
(2) the minor is emancipated and the attending physician or his agent has received the informed written consent, signed and notarized, of the minor; or
(3) the minor elects to petition either the circuit court or the family court and has an order granting consent to the abortion and the attending physician or his agent has received the informed written consent, signed and notarized, of the minor and the order of the court. The procedure for this relief is the same as provided in Section 44-41-33./
Amend further Section 44-41-32, by adding after "court" on line 4 of page 4 /or family court/.
Amend title to conform.
Rep. PEARCE explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 7 (Doc. No. 3779J), which was tabled.
Amend the bill, as and if amended, by striking Section 44-41 -35, as contained in SECTION 3, page 2710-7, beginning on line 26, and inserting:
/Section 44-41-35. The requirements of Sections 44-41-31, 44-41-32, and 44-41 -33 do not apply when:
(1) in the Judgment of a physician based on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion; or
(2) the pregnancy is the result of criminal sexual conduct or incest.
A physician who does not comply with the provisions of the sections shall certify in writing the medical indications upon which his judgment was based. /
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. FAIR moved to table the amendment.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, H. Burch Burriss, J.H. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Davenport Day Derrick Fair Felder Ferguson Foster Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Jones Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Pettigrew Petty Phillips, O. Rhoad Rice Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Wells Wilkins Winstead
Those who voted in the negative are:
Brown, G. Burriss, M.D. Faber Harvin Kay Keyserling McBride McTeer Rogers, T. Rudnick Shelton Washington White Wilder Williams
So, the amendment was tabled.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of amendments.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
On motion of Senator Lourie, with unanimous consent, Coach Frank J. McGuire was presented with a Concurrent Resolution commending him for his many contributions on the occasion of his being honored in Columbia at the "Frank McGuire Appreciation Night".
The privilege of the floor was extended to Coach McGuire.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1485 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, MAY 18, 1988, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1988.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.
Rep. J. BRADLEY nominated William L. Howard of Charleston as follows:
"Thank you...Mr. President, Mr. Speaker, members of the Senate and the House, and our guests...It is my pleasure to place in nomination the name of William L. Howard for the position of Judge of the Circuit Court for the Ninth Judicial Circuit. Bill is married, has two children, is a very fine, capable and qualified attorney, and a very courageous person. I have the highest personal regard for him and it is with a great deal of pleasure that I am able to place him in nomination. He was admitted to practice before the South Carolina Supreme Court in 1973, the United States District Court in 1974, the United States Court of Appeals for the Fourth Circuit in 1976, and to the United States Supreme Court in 1986. He is a former member of the Sertoma Club and presently a member of the Charleston Exchange Club. He is the chairman of the Ninth Judicial Circuit Resolution of Fee Disputes Committee and he is a member of the South Carolina Bar Ethics Advisory Committee. He belongs to many organizations of the South Carolina Bar and the Trial Lawyers Association and I highly commend him to you. I couldn't help but note that in the 14 years I've been here, I've only had the occasion to nominate one other person and it is with a great deal of personal pleasure that I am able to place in nomination the name of William L. Howard for Circuit Court Judge. Thank you very much."
Senator Williams and Rep. FELDER seconded the nomination of Mr. Howard.
Rep. AYDLETTE nominated L. Mendel Rivers, Jr. of Charleston as follows:
"Mr. President, ladies and gentlemen...I am honored today to place the name of L. Mendel Rivers, Jr., in nomination for Judge of the Ninth Judicial Circuit. Some members may object to my nominating a candidate who did not file for this office in the normal manner. What would those members expect us to do? A sitting judge who already had 120 commitments from you, the members of the General Assembly, when he resigned. Very few people have ever offered to run against a sitting Judge. You and I expected the sitting Judge to be re-elected easily. Instead, he resigned, after the filing period was closed, leaving some of us with two unacceptable candidates. Judge Rivers has been a Family Court Judge for ten years and he has run it well. He has demonstrated, already, all the qualities we are looking for in a Judge: fairness, leadership, honesty, courtesy in the face of provocation, a keen understanding of the law, and most of all, independence. Judge Rivers has Just been screened, only six weeks ago. He was found unanimously qualified by our screening committee, Just as he was found unanimously qualified on three previous occasions. Some object that Judge Rivers has not been screened for this particular position. To answer that objection, Judge Rivers has asked me to inform you that he will refuse to take this seat on the Circuit bench until he has been rescreened by our screening committee, yet one more time. This is the caliber of man that I nominate today. Judge Rivers is 40 years old, a Phi Beta Kappa graduate of Georgetown University, and a graduate of Georgetown Law School. He is devoted to his children and there is not the slightest hint of scandal or corruption about him. He is bright, talented and friendly. He works hard. He has a wealth of judicial experience. He is a former member of this body. Ladies and gentlemen, we have a chance today to vote for experience and excellence. Please, let's not lose that chance. Mr. President, ladies and gentlemen, I place in nomination the name of L. Mendel Rivers, Jr.
Reps. SIMPSON, RHOAD, HENDRICKS, MAPPUS and G. BAILEY seconded the nomination of Mr. Rivers.
Rep. McEACHIN nominated Lee McAden Robinson as follows:
"Mr. President, members of the Joint Assembly...It is with great pride that I rise today to place into nomination Lee McAden Robinson for Circuit Judge of the Ninth Judicial Circuit. Mrs. Robinson was screened and found unanimously qualified for this position by your Joint screening committee. When I was growing up, my grandfather always spoke to me about Judge Lide. He and my grandfather were great friends and often when my grandfather would speak of Judge Lide, he would talk to me about what kind of Judge Judge Lide was. Judge Lide felt there were three qualifications a Judge should have to sit on the bench in South Carolina and those qualifications were intelligence, industry and integrity. Of those three, Judge Lide felt integrity was most important. Lee McAden Robinson has worked as an attorney since 1975 in South Carolina and she has worked in many areas in the field of law. She has been in private practice for the last six years and she has worked very hard as an attorney and as a mother and family person. She graduated in 1970, cum laude, from Boston University. As to her integrity, I think nothing speaks better of it than what she said when she entered this race. She said, 'A judge has no friends to reward, nor enemies to punish.' Lee McAden Robinson embodies the sense and sentiment of Judge Lide as to what a judge should be in South Carolina. She has received the endorsement of a former solicitor of the Ninth Judicial Circuit, which I think speaks of her ability and her feelings as to how the criminal law in this state should be applied. My message to you is very simple: for this state to maintain the confidence of the public in our judiciary, you should vote today for Lee McAden Robinson. Thank you very much."
Senators Hinson and Mitchell and Reps. FOXWORTH and HOLT seconded the nomination of Ms. Robinson.
Rep. FELDER asked unanimous consent that the Members of the House vote by electric roll call.
Rep. CORNING objected.
The Reading Clerk of the Senate called the roll call of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Howard:
Applegate Branton Bryan Dennis Doar Drummond Garrison Hayes Land Leatherman Lee Lindsay Long Macaulay Martin Martschink Matthews McConnell McGill McLeod Peeler Pope Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, T.E. Stilwell Thomas Waddell Williams Wilson
The following named Senators voted for Judge Rivers:
The following named Senators voted for Ms. Robinson:
Courson Fielding Giese Hinson Holland Leventis Lourie Mitchell Moore Patterson Powell Smith, N.W.
The following named Senators voted NO:
The Clerk of the House called the roll of the House and the Members voted viva voce as their names were called.
The following named Representatives voted for Mr. Howard:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Baker Barfield Baxley Beasley Bennett Blanding Bradley, J. Bradley, P. Brown, R. Burriss, M.D. Carnell Clyborne Cole Davenport Derrick Edwards Fair Felder Ferguson Foster Gentry Gregory Harris, J. Harris, P. Harvin Haskins Hearn Huff Humphries Johnson, J.C. Kay Kohn Lanford Lewis Limehouse Lockemy Martin, D. McAbee McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nettles Pearce Petty Phillips, L. Rogers, J. Sheheen Shelton Short Snow Sturkie Taylor Townsend Tucker Waldrop Washington Wells Whipper White Wilkins Williams Winstead
The following named Representatives voted for Judge Rivers:
Aydlette Bailey, G. Brown, H. Burriss, J.H. Burriss, T.M. Cooper Day Hendricks Kirsh Mappus McCain Pettigrew Phillips, O. Rhoad Sharpe Simpson Stoddard
The following named Representatives voted for Ms. Robinson:
Altman Blackwell Boan Brown, G. Brown, J. Burch Chamblee Cork Dangerfield Elliott Faber Foxworth Gilbert Gordon Hayes Hodges Holt Johnson, J.W. Jones Keyserling Koon Martin, L. Mattos McBride McEachin McElveen Nesbitt Rice Rogers, T. Rudnick Wilder
The following named Representative voted NO:
Total Number of Senators voting 46
Total Number of Representatives voting 118
Grand Total 164
Necessary to a choice 83
Of which Mr. Howard received 105
Of which Judge Rivers received 17
Of which Ms. Robinson received 43
Of which NO candidates received 1
Not voting 1
Whereupon, the PRESIDENT announced that Mr. William L. Howard, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
Rep. PEARCE moved that the House do now adjourn.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, K. Bennett Blackwell Blanding Brown, G. Brown, N. Brown, J. Brown, R. Burch Burriss, T.M. Day Faber Foxworth Gilbert Gordon Gregory Harris, P. Jones Kay Keyserling Lewis Limehouse Mattos McBride McEachin McKay McLellan McLeod, J.W. Nettles Pearce Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Shelton Short Simpson Snow Thrailkill Townsend Tucker Waldrop Washington Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Baxley Beasley Boan Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Derrick Edwards Fair Felder Ferguson Foster Gentry Harris, J. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Kirsh Kohn Koon Lanford Lockemy Mappus Martin, L. McAbee McCain McElveen McGinnis McLeod, E.B. Moss Neilson Nesbitt Pettigrew Petty Phillips, L. Rice Stoddard Sturkie Taylor Wells Wilder Wilkins
So, the House refused to adjourn.
Rep. L. PHILLIPS moved that the House recede until 2:30, which was rejected.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.
Rep. RUDNICK proposed the following Amendment No. 8 (Doc. No. 3777J), which was tabled.
Amend the bill, as and if amended, by striking Section 44-41-35, as contained in SECTION 3, page 2710-7, beginning on line 26, and inserting:
/Section 44-41-35. The requirements of Sections 44-41-31, 44-41-32, and 44-41-33 do not apply when:
(1) in the judgment of a physician based on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion; or
(2) in the judgment of a licensed health care professional based on the facts of the case before him, meeting the requirements of the sections would result in psychological, emotional, or economical problems for the minor.
A physician or other licensed health care professional who does not comply with the provisions of the sections shall certify in writing the medical psychological, emotional, or economical indications upon which his judgment was based./
Amend title to conform.
Rep. RUDNICK explained the amendment.
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the remainder of the day and tomorrow.
Rep. RUDNICK continued speaking.
Rep. HAYES moved to table the amendment, which was agreed to by a division vote of 70 to 8.
Rep. BEASLEY moved immediate cloture on the entire matter.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
Immediate cloture was invoked by a division vote of 55 to 42.
Rep. FABER moved that the House do now adjourn.
Rep. HUFF 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. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Blanding Brown, H. Brown, J. Brown, R. Burch Faber Gilbert Harris, P. Holt Jones Kay McBride McLeod, J.W. Pearce Phillips, O. Rogers, T. Rudnick Sharpe Simpson Snow Thrailkill Townsend Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Fair Felder Ferguson Foster Gentry Harris, J. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.W. Kirsh Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nettles Pettigrew Petty Phillips, L. Stoddard Sturkie Tucker Waldrop Wells Wilder Wilkins Williams
So, the House refused to adjourn.
Rep. ARTHUR moved that the House recede until 3:00, which was rejected.
Rep. RUDNICK proposed the following Amendment No. 9 (Doc. No. 3785J), which was tabled.
Amend the report by Committee on Judiciary, as and if amended, by adding an appropriately numbered section to read:
/SECTION. As used in Title 16 of the 1976 Code, "minor" means any person under the age of eighteen./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK moved to table the amendment, which was agreed to.
Reps. BAXLEY and FAIR proposed the following Amendment No. 10 (Doc. No. 3842J), which was adopted.
Amend the bill, as and if amended, by adding at the end of Section 44-41-70 as contained in SECTION 4 /It is an affirmative defense under this subsection if the physician or other person requested and received a driver's license, student identification card, or other official government or educational identification card or paper, indicating that the individual seeking the abortion is not a minor and the physician or other person reasonably believes that the individual was not a minor./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 11 (Doc. No. 2696J), which was adopted.
Amend the bill, as and if amended, in Section 44-41-34 of the 1976 Code by adding a new subsection (E) to the section to read:
/(E) Appeals from the Family or Circuit Court must be to the Court of Appeals./
Amend the bill further, as and if amended, in item (2) of Section 44-41-32 of the 1976 Code by inserting at the end of the item the following:
/For the purpose of preserving the minor's anonymity, the court may allow the petition to be filed in a form containing the minor's initials only./
Amend the bill further, as and if amended, by adding a new section to the bill to be appropriately numbered which shall read:
/Section ______. If any provision of this Act or the application thereof to any person or circumstance is held invalid, this invalidity shall not affect the provisions or application of this Act which can be given effect without the invalid provision or application, and to this end, the provisions of this Act are declared to be severable./
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 12 (Doc. No. 3779J), which was tabled.
Amend the bill, as and if amended, by striking Section 44-41-35, as contained in SECTION 3, page 2710-7, beginning on line 26, and inserting:
/Section 44-41-35. The requirements of Sections 44-41-31, 44-41-32, and 44-41-33 do not apply when:
(1) in the judgment of a physician based on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion; or
A physician who does not comply with the provisions of the sections shall certify in writing the medical indications upon which his judgment was based./
Amend title to conform.
Rep. HAYES moved to table the amendment, which was agreed to.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 13 (Doc. No. 3870J), which was tabled.
Amend the bill, as and if amended, by striking Section 44-41-31 as contained in SECTION 3, beginning on page 3 in it entirety and inserting:
/"Section 44-41-31. No person may perform an abortion upon a minor unless:
(1) the attending physician or his agent or the referring physician or his agent secured the informed written consent, signed and if obtained outside the presence of the physician or his agent notarized, of the minor and one of the minor's parents, if available, an adult relative of the minor within the second degree of kinship, or legal guardian; or
(2) the minor is emancipated and the attending physician or his agent has received the informed signed written consent of the minor; or
(3) the minor elects to petition either the circuit court or the family court and has an order granting consent to the abortion and the attending physician or his agent has received the informed signed written consent of the minor, and the order of the court. The procedure for this relief is the same as provided in Section 44-41-33./
Amend further Section 44-41-32, by adding after "court" on line 4 of page 4 /or family court/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Rep. HAYES moved to table the amendment, which was agreed to.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 14 (Doc. No. 3875J), which was ruled out of order.
Amend the bill, as and if amended, in item (4) of Section 44-41-31 of the 1976 Code by inserting immediately after /circuit/ on line 1 of the item /or family/.
Amend the bill further, as and if amended, in Section 44-41-32 of the 1976 Code by inserting immediately after /circuit/ on line 4 of page 4 /or family/.
Amend the bill further, as and if amended, in Section 44-41-34 of the 1976 Code by adding a new subsection (E) to the section to read:
/(E) Appeals from the Family or Circuit Court must be to the Court of Appeals./
Amend the bill further, as and if amended, in item (2) of Section 44-41-32 of the 1976 Code by inserting at the end of the item the following:
/For the purpose of preserving the minor's anonymity, the court may allow the petition to be filed in a form containing the minor's initials only./
Amend the bill further, as and if amended, by adding a new section to the bill to be appropriately numbered which shall read:
/Section _____. If any provision of this Act or the application thereof to any person or circumstance is held invalid, this invalidity shall not affect the provisions or application of this Act which can be given effect without the invalid provision or application, and to this end, the provisions of this Act are declared to be severable./
Renumber sections to conform.
Amend title to conform.
Rep. T. ROGERS raised the Point of Order that Amendment No. 14 was out of order as it was identical to a previously considered amendment.
The SPEAKER sustained the Point of Order.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 17 (Doc. No. 3881J), which was tabled.
Amend the bill, as and if amended, in Section 44-41-37, as contained in SECTION 3, page 5, by inserting before /The/ on line 44 /This section does not apply if the physician or agent of the hospital requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper, indicating that the individual seeking the abortion was not a minor and the physician or the agent of the hospital reasonably believed the individual was not a minor./
Amend further, in Section 44-41-70(d) as contained in SECTION 4, page 6, by adding beginning on line 18 /If the agent of a hospital requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper, indicating that the individual seeking the abortion was not a minor and the agent of the hospital reasonably believed the individual was not a minor, the hospital is not subject to decertification./
Amend further, in Section 44-41-70(e) as contained in SECTION 4, page 6, by adding beginning on line 24 /If the physician or other person requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper, indicating that the individual seeking the abortion was not a minor and the physician or other person reasonably believed the individual was not a minor, he is not guilty of a violation under this subsection./
Amend title to conform.
Rep. T. ROGERS explained the amendment and moved to table the amendment, which was agreed to.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 18 (Doc. No. 3887J), which was adopted.
Amend the bill, as and if amended, by striking Section 44-41-35, as contained in SECTION 3, page 2710-7, beginning on line 26, and inserting:
/Section 44-41-35. The requirements of Sections 44-41-31, 44-41-32, and 44-41-33 do not apply when:
(1) in the judgment of a physician based on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion; or
(2) the pregnancy is the result of incest.
A physician who does not comply with the provisions of the sections shall certify in writing the medical indications upon which his judgment was based./
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 19 (Doc. No. 3888J), which was tabled.
Amend the bill, as and if amended, in Section 44-41-10(m), as contained in SECTION 1, page 2, line 21, by striking /seventeen/ and inserting /sixteen/.
Amend title to conform.
Rep. T. ROGERS moved to table the amendment, which was agreed to.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 20 (Doc. No. 3870J), which was adopted.
Amend the bill, as and if amended, by striking Section 44-41-31 as contained in SECTION 3, beginning on page 3 in it entirety and inserting:
/"Section 44-41-31. No person may perform an abortion upon a minor unless:
(1) the attending physician or his agent or the referring physician or his agent secured the informed written consent, signed and if obtained outside the presence of the physician or his agent notarized, of the minor and one of the minor's parents, if available, or legal guardian; or
(2) the minor is emancipated and the attending physician or his agent has received the informed signed written consent of the minor; or
(3) the minor elects to petition either the circuit court or the family court and has an order granting consent to the abortion and the attending physician or his agent has received the informed signed written consent of the minor, and the order of the court. The procedure for this relief is the same as provided in Section 44-41-33./
Amend further Section 44-41-32, by adding after "court" on line 4 of page 4 /or family court/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 21, which was tabled, to go in any jurisdiction for abortion.
Rep. RUDNICK explained the amendment.
Rep. FAIR moved to table the amendment, which was agreed to.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 15 (Doc. No. 3876J), which was tabled.
Amend the bill, as and if amended, page 6, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. T. ROGERS moved to table the amendment, which was agreed to.
Reps. KEYSERLING and T. ROGERS proposed the following Amendment No. 16 (Doc. No. 3877J), which was adopted.
Amend the bill, as and if amended, in Section 44-41-37, as contained in SECTION 3, page 5, by inserting before the period on line 44: /but this section does not apply if a physician or the agent of a hospital reasonably believed the minor was seventeen years of age or older/.
Amend further, in Section 44-41-70(d), as contained in SECTION 4, page 6, by adding beginning on line 18: /If the agent of a hospital reasonably believed the minor was seventeen years of age or older, the hospital is not subJect to decertification./
Amend further, in Section 44-41-70(e), as contained in SECTION 4, page 6, by adding beginning on line 24: /If a physician reasonably believed the minor was seventeen years of age or older, he is not guilty of a violation/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. RUDNICK spoke against the Bill.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foxworth Gentry Gilbert Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rice Rogers, J. Rudnick Sharpe Sheheen Simpson Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the chamber on business at the time of roll call. I would have voted in favor of the passage of this bill.
Rep. Winstead
Rep. FERGUSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4240 -- Reps. M.O. Alexander, McLellan, Mappus, Blackwell and T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REVISE ITS UNIFORM TRAFFIC ACCIDENT REPORT FORM (FORM TR-310), SO AS TO REINSERT APPROPRIATE SPACES FOR INFORMATION TO BE ENTERED CONCERNING THE INSURANCE COVERAGE OF ALL PARTIES INVOLVED IN THE ACCIDENT.
H. 4279 -- Reps. Rudnick, Sharpe, Jones, Huff and Pettigrew: A CONCURRENT RESOLUTION EXPRESSING REGRET BY THE MEMBERS OF THE GENERAL ASSEMBLY AT THE ANNOUNCED CLOSING OF ST. ANGELA ACADEMY IN AIKEN COUNTY.
H. 4280 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO COMMEND MRS. CHRISTINA P. (CHRIS) FRAZIER FOR BEING CHOSEN TEACHER OF THE YEAR FOR 1987-88 FOR DORCHESTER COUNTY SCHOOL DISTRICT 2.
H. 4281 -- Rep. Edwards: A CONCURRENT RESOLUTION COMMENDING MRS. GUYNELL MURPH JONES OF SPARTANBURG COUNTY FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO PUBLIC EDUCATION, AND WISHING HER MUCH HAPPINESS IN HER RETIREMENT.
H. 4282 -- Reps. Humphries, T. Rogers, Faber, M.D. Burriss, J. Brown, Taylor, Hearn, T.M. Burriss, McBride and Corning: A CONCURRENT RESOLUTION COMMENDING MS. CHARLENE BOYETTE OF RICHLAND COUNTY FOR HER TIME, ENERGY, EFFORTS, AND DEDICATION ON BEHALF OF THE VICTIMS OF DRUNKEN DRIVERS AND EXPRESSING SUPPORT AND ENCOURAGEMENT FOR HER OUTSTANDING WORK.
At 1:35 P.M. the House in accordance with the motion of Rep. FERGUSON adjourned to meet at 10:00 A.M. tomorrow.
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