Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Heavenly Father, from the deep valley of our need for light and guidance we lift our thoughts to You and Your Word as the shining peaks which break the far away horizons. We bow, then, at this altar of prayer that You may come more completely into our lives to govern our thinking. Give us strength to carry heavy burdens, eyes to see divine truth, and wills to follow it fearlessly. May we rely heavily upon Your strong right arm and Your impeccable wisdom as to manifest within us a fidelity that never fails and a courage that always conquers.
Hear us, Lord, as we pray in trust and thankfulness. 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. McABEE.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 14, 1986
The Honorable Ramon Schwartz, Jr.
Speaker of the House
509-A Blatt Building
Columbia, South Carolina 29201
Dear Mr. Schwartz:
The South Carolina Commission on Aging is celebrating its 20th Anniversary this year, and we ask that all legislators join us for a reception at the Marriott Hotel at 6:30 p.m., April 23. This event will not only commemorate our Anniversary, it will also kick off the 1986 Aging Network Conference.
Since the work and support of our legislators have enabled us to establish and expand services to make life better for older South Carolinians, it is very important to us to bring you and your constituents who work with senior citizens throughout the state together to celebrate our progress.
We look forward to seeing you April 23 and to working with you in the future.
Sincerely,
M.L. Meadors, Jr., Chairman
Harry R. Bryan, Director
January 14, 1986
The Honorable Robert R. Woods
Chairman
House Invitations Committee
P.O. Box 11867
Columbia, SC 29211
Dear Representative Woods:
Wishing to establish closer ties and personal liaison between the members of the General Assembly and their constituents in our industry, Carolinas Branch, Associated General Contractors of America cordially invites you and the other members of the General Assembly to attend our annual legislative reception between the hours of 6:00 and 8:00 p.m., April 22, 1986, Carolina Inn.
The Reception will be held at a downtown meeting place yet to be determined. However, I will let your executive secretary know of the location in the very near future.
I appreciate your consideration in this matter and if I can be of assistance, please do not hesitate to call.
Sincerely,
John N. McMillan
Highway-Heavy Manager
January 15, 1986
Honorable Robert R. Woods
Chairman Invitations Committee
P.O. Box 11867
Columbia, SC 29211
Dear Sir:
For the past 26 years a group of men in Columbia have sponsored a State Wide Prayer Breakfast. This breakfast is a follow-up of the National Prayer Breakfast held in Washington, D.C. annually. The purpose of this breakfast is to bring together interested men and women from around the State to the State Capitol to undergrid our elected officials with prayer.
This letter is to request that this event be placed on the House calendar for the morning of April 16, 1986 from 7:45 A.M. to 9:15 A.M. Each House of Representative will receive a personal invitation.
Your cooperation and assistance with this request is deeply appreciated.
Respectfully,
C.T. Young, Chairman
South Carolina Prayer Fellowship
January 16, 1986
Honorable Ramon Schwartz
Speaker
S.C. House of Representatives
The State House
Columbia, South Carolina 29201
Dear Mr. Speaker:
The Friends of Agriculture & Aquaculture Board of Directors cordially invite the General Assembly to the 4th Annual Salute to Agriculture & Aquaculture to be held on Wednesday, April 9, 1986.
The reception will begin at 6:00 p.m. in the Cantey Building at the State Fairgrounds followed by entertainment in the Ellison Building at 9:00 p.m. Invitations will be sent to each of the members including tickets which must be given at the gate for each person's admittance.
Parking will be available through Gates 6 or 10 at the Fairgrounds and dress will be casual.
Sincerely,
Robert Lee Scarborough
January 24, 1986
The Honorable Ramon Schwartz, Jr.
Speaker
South Carolina House of Representatives
509-A Blatt Building
Columbia, South Carolina 29211
Dear Mr. Speaker:
On behalf of the Home Builders Association of South Carolina and the South Carolina Builders Political Action Committee, I am pleased to invite the members of the House of Representatives to be our guests at our annual "Bird Supper", Tuesday, April 1, 1986 at the Ellison Building, State Fairgrounds, Columbia, South Carolina. Cocktails will be served at 7:00 p.m. and dinner at 7:45 p.m.
We look forward to this evening with our legislators.
Sincerely,
Oscar F. Molin, Jr.
President
February 4, 1986
The Honorable Liston Barfield
Acting Chairman
Invitations and Memorial Resolutions Committee
House of Representatives
P.O. Box 11867
Columbia, South Carolina 29211
Dear Representative Barfield:
The Independent Insurance Agents of South Carolina cordially invite the members of the South Carolina General Assembly, including staffs and attache's, to a reception on April 29, 1986 at the Carolina Inn on Assembly Street from seven until nine P.M.
In attendance will be member independent insurance agents from throughout South Carolina in addition to the officers and directors of the Association.
Sincerely,
John A. Thompson
Executive Director
February 25, 1986
Honorable Ramon Schwartz, Speaker
House of Representatives
State Capitol
Columbia, South Carolina 29201
Dear Rep. Schwartz:
The friends of Winthrop College cordially invite you and the members of the House of Representatives to a reception at the Carolina Inn at 6:30 p.m. on April 2, l986. At that time, you and the members of the House will have an opportunity to meet the officers of Winthrop College, some of the faculty and a few alumni and friends.
Please convey this invitation to the members of the House; we look forward to seeing you on April 2. Thank you for your past kindness and for your interest in Winthrop College.
Sincerely,
W. Marcus Newberry, Jr., Interim President
John Hardin, President, Winthrop College Foundation
March 12, 1986
The Honorable Liston D. Barfield
Acting Chairman for House Invitations Committee
320D Blatt Bldg.
Columbia, SC 29211
Dear Representative Barfield:
We, the Medical University of South Carolina, request that Tuesday, April 15, 1986 be placed on the House calendar for a reception hosted by the Medical University staff.
The reception will be held at Carolina Park next to the South Carolina Football Stadium beginning at 7:00 pm and lasting until 9:00 pm.
Members of the House, Clerks and Attaches are invited to attend.
Sincerely,
Robin C. Fields
MUSC Legislative Liaison Office
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3563 -- Reps. Hearn, M.D. Burriss and Toal: A BILL TO REQUIRE MUNICIPALITIES, COUNTIES, AND SPECIAL PURPOSE DISTRICTS TO ADOPT PROCUREMENT CODES BY JULY 1, 1987, THAT INCLUDE REIMBURSEMENT PROVISIONS IN CASES OF APPEALS SUBSTANTIALLY SIMILAR TO THOSE INCLUDED IN THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND TO SUSPEND AID TO SUBDIVISIONS DISTRIBUTIONS TO A MUNICIPALITY OR COUNTY AFTER JUNE 30, 1987, UNLESS THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD CERTIFIES THAT THE MUNICIPALITY OR COUNTY HAS A COMPLYING CODE AND TO SUSPEND AUTHORITY FOR A SPECIAL PURPOSE DISTRICT TO LEVY TAXES OR IMPOSE FEES AFTER JUNE 30, 1987, UNLESS THE DIVISION CERTIFIES TO THE CHAIRMAN OF THE GOVERNING BODY OF THE DISTRICT THAT THE DISTRICT HAS A COMPLYING CODE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3679 -- Reps. P. Harris, Woodruff, D. Martin, Rice, R. Brown, Beasley, J. Rogers, Hearn, Bennett, Holt, Taylor, Carnell, J.C. Johnson, Toal, Hayes, K. Bailey, Petty, Mitchell, Foxworth, Limehouse, Mangum, Sharpe, S. Anderson, Kirsh, Thrailkill, Elliott, Washington, Waldrop, Neilson, McTeer, Sheheen, Ogburn, Snow, Fair, Aydlette, Altman, Tucker, J. Anderson, Gentry, Lockemy, Gilbert, Chamblee and Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY YEARS OF DEDICATED SERVICE OF GEORGE WILLIAM (BILL) DUDLEY, JR., EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3680 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE JOHN L. MOTLEY OF CHERAW, CHESTERFIELD COUNTY, A NATIVE SON WHO HAS MADE HIS MARK IN NEW YORK COLLEGE AS A MUSICIAN AND MUSIC EDUCATOR AND TO WISH FOR HIM A PLEASANT AND FULFILLING RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3681 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE REVEREND WILLIAM GASKELL OF SUMTER COUNTY ON THE OCCASION OF HIS TENTH ANNIVERSARY AS PASTOR OF THE SUMTER BIBLE CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3682 -- Reps. Moss, O. Phillips and Cooper: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LLOYD H. LOVELACE, OF CHEROKEE COUNTY, WHO DIED FRIDAY, MARCH 14, 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1153 -- Senator Leatherman: A CONCURRENT RESOLUTION CONGRATULATING THE WEST FLORENCE HIGH SCHOOL BOYS' BASKETBALL TEAM ON WINNING THE 1986 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1154 -- Senator Long: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT SUITABLE LEGISLATION THAT WOULD PROHIBIT THE DISPENSING OF PRESCRIPTION DRUGS BY MAIL ORDER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1155 -- Senators Hayes, Hinson and Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WINTHROP COLLEGE FOR A CENTURY OF SERVICE TO HIGHER EDUCATION AND TO THE CITIZENS OF SOUTH CAROLINA AND TO DESIGNATE APRIL 9, 1987, AS WINTHROP DAY IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1156 -- Senators Theodore, J. Verne Smith, Mitchell, Bryan and Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE THE DEDICATION OF A NEW SHRINERS HOSPITAL FOR CRIPPLED CHILDREN IN GREENVILLE AND TO COMMEND THE HEJAZ TEMPLE AND SHRINE OF NORTH AMERICA FOR THEIR CONTINUED SUPPORT OF THIS MAJOR PHILANTHROPY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3694 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. OLIE A. BROADWAY OF BISHOPVILLE, LEE COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3695 -- Rep. P. Bradley: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. JOSEPH EVANS BRUNSON OF GREENVILLE COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3699 -- Reps. Klapman, J.H. Burriss, Sharpe, Sturkie and Derrick: A CONCURRENT RESOLUTION TO CONGRATULATE NURSERY ROAD ELEMENTARY SCHOOL, IN LEXINGTON COUNTY, AND ITS PRINCIPAL, DR. THOMAS E. SMITH, UPON THE SCHOOL BEING NAMED "PALMETTO'S FINEST" BY THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3700 -- Reps. McEachin, Gilbert, Nettles, McKay, McLeod and Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE FRANCIS MARION COLLEGE LADY PATRIOTS OF FLORENCE COUNTY ON WINNING THE NAIA WOMEN'S BASKETBALL NATIONAL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3683 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 14-7-190, 14-7-200, AND 14-7-400, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TIMES FOR DRAWING AND SUMMONING JURORS, SO AS TO REVISE THESE TIMES AND TO AMEND SECTIONS 14-7-250 AND 14-7-850, BOTH AS AMENDED, RELATING TO A PERSON BEING EXEMPT FROM FURTHER JURY SERVICE AFTER SERVING AS A JUROR SO AS TO FURTHER PROVIDE FOR THIS EXEMPTION.
Referred to Committee on Judiciary.
H. 3684 -- Reps. Fair, Hayes, Brett, Gregory, Limehouse, D. Martin, McEachin, Petty, Huff, Blackwell, Hearn, Gentry, Woodruff, Beasley, Mattos, H. Brown, Ferguson, P. Bradley, Alexander, Rice, L. Phillips, Altman and Williams: A BILL TO PROHIBIT THE SALE, LEASING, OR RENTING OF MOTION PICTURES, MOVIES, OR OTHER VIDEO MOVING PICTURES OR FILMS UNLESS THEY BEAR A RATING INDICATING SUITABILITY FOR OR RESTRICTION TO A PARTICULAR AGE GROUP; TO PROHIBIT THE DELIVERY OF ANY FILM FOR SALE OR ON A LEASE OR RENTAL BASIS TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE IF THE FILM IS RATED "X" OR "R"; TO MAKE IT UNLAWFUL KNOWINGLY TO SELL, LEASE, OR RENT, OR KNOWINGLY TO OFFER FOR SALE OR ON A LEASE OR RENTAL BASIS, ANY FILM WHICH IS IMPROPERLY OR INCORRECTLY RATED; AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3685 -- Reps. Fair, Mattos, Brett and Hayes: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES, SO AS TO PROVIDE THAT THE CONTENTS OF THIS NEWSPAPER NOTICE MUST ALSO BE POSTED ON A SIGN AT LEAST TWO FEET BY TWO FEET IN SIZE IN A CONSPICUOUS PLACE AT THE LOCATION OF THE PROPOSED BUSINESS FOR A PERIOD OF THIRTY DAYS PRECEDING THE SUBMISSION OF THE APPLICATION FOR A LICENSE; AND TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 61 BY ADDING SECTION 61-9-485 SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS PERTAINING TO APPLICATIONS FOR ALCOHOLIC LIQUOR LICENSES CONTAINED IN SECTION 61-3-490 ALSO APPLY TO BEER, ALE, PORTER, OR WINE PERMIT APPLICATIONS FOR ON-PREMISES CONSUMPTION.
On motion of Rep. FAIR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3686 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE FOR ADMISSION TO PSYCHIATRIC TREATMENT FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS WELL AS MENTAL HEALTH FACILITIES APPROVED BY THE DEPARTMENT OF MENTAL HEALTH AND TO MAKE CHANGES IN THE PROCEDURE FOR EMERGENCY ADMISSIONS AND TO REQUIRE THE PHASING IN OF SPECIFIED PROGRAMS OVER A THREE YEAR PERIOD.
Referred to Committee on Judiciary.
H. 3687 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICES BY ADDING SECTION 38-55-420 SO AS TO PROVIDE THAT ANY INDIVIDUAL HAS STANDING TO INSTITUTE AN ACTION TO ENJOIN AN UNFAIR PRACTICE PROHIBITED BY THE ABOVE CHAPTER AND TO PROVIDE THAT ANY INDIVIDUAL AGGRIEVED BY SUCH AN UNFAIR PRACTICE MAY BRING AN ACTION AT LAW TO RECOVER DAMAGES SUSTAINED AS A RESULT OF THE UNFAIR PRACTICE.
Referred to Committee on Judiciary.
H. 3688 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO APPLICATION FOR LICENSURE (FOREIGN TRAINED APPLICANTS) AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 685, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3689 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 676, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3690 -- Reps. Schwartz, Blanding and Griffin: A JOINT RESOLUTION TO EXEMPT PUBLIC FOUR-YEAR COLLEGES AND UNIVERSITIES AND THEIR BRANCHES FROM THE TWO PERCENT REDUCTION IN APPROPRIATIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD DURING FISCAL YEAR 1985-86.
Rep. SCHWARTZ asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Reps. KIRSH and KEYSERLING objected.
Referred to Committee on Ways and Means.
H. 3691 -- Reps. B.L. Hendricks, L. Martin and Simpson: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.
On motion of Rep. B.L. HENDRICKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. GREGORY moved to waive Rule 6.1 which was not agreed to.
H. 3692 -- Rep. Gregory: A JOINT RESOLUTION TO EXTEND THE SEASON FOR THE TAKING OF SHAD ANYWHERE ON THE EDISTO RIVER, FOR 1986 ONLY.
On motion of Rep. GREGORY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3693 -- Reps. Washington, McBride, Toal, Holt, Shelton, Rawl, Beasley, Taylor, R. Brown, T. Rogers, J. Rogers, Foster, Felder, Blanding, Rhoad, G. Brown, Bennett, Huff, Barfield, Gilbert, D. Martin, McTeer, Keyserling, G. Bailey, K. Bailey, J. Brown, Mitchell, Faber, Ferguson and Elliott: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO DELETE MARTIN LUTHER KING'S BIRTHDAY FROM THE LIST OF HOLIDAYS STATE EMPLOYEES MAY OPT TO OBSERVE.
Referred to the Committee on Education and Public Works.
S. 1132 -- Senator Matthews: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF HARLEYVILLE-RIDGEVILLE SCHOOL DISTRICT NO. 3 OF DORCHESTER COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO A SPECIFIED LIMIT FOR CERTAIN PURPOSES; 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.
Referred to the Dorchester Delegation.
S. 1152 -- Senators Courson, Giese, Lourie and K. Patterson: A BILL TO AMEND AN ACT OF 1986 BEARING RATIFICATION NUMBER 350, RELATING TO THE ELECTION OF TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICT NOS. 1 AND 2 IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATE ON WHICH THESE TRUSTEES SO ELECTED SHALL TAKE OFFICE.
On motion of Rep. TOAL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was received.
Columbia, S.C., March 25, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:29 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 30
On motion of Rep. J.W. JOHNSON the invitation was accepted.
The roll call of the House of Representatives was ordered.
Rep. LOCKEMY moved to waive Rule 6.1.
Rep. WINSTEAD raised the Point of Order that the House may not waive the rules without a written resolution which has been referred to the Rules Committee, as specified in Rule 4.15.
ACTING SPEAKER SHEHEEN stated the Rule only applied to rescinding, suspending or altering the rules, that the Rules provided for the waiver of a rule by majority vote of the House, and he overruled the Point of Order.
Rep. T.M. BURRISS raised the Point of Order that the motion was out of order while the House was in the middle of a roll call vote.
ACTING SPEAKER SHEHEEN stated the roll call was not for the purpose of tallying votes, but only to tally membership in attendance, and he overruled the Point of Order.
The Roll Call was then taken, resulting as follows:
Schwartz Alexander Anderson, J. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Faber Fair Felder Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Griffin Harris, P. Hawkins Hayes Hearn Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Lewis Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 25, 1986.
Robert Helmly Paul Short Tom Limehouse Sterling Anderson Tee Ferguson Dick Elliott Jean Harris Gene Stoddard L. Edward Bennett Tom Marchant Tom Woodruff, Jr. Derial Ogburn
LEAVE OF ABSENCE
The ACTING SPEAKER SHEHEEN granted Rep. MARCHANT a temporary leave of absence.
Further proceedings were interrupted by the Ratification of Acts.
At 12:29 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R367) S. 977 -- Senator Nell Smith: AN ACT TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO DELETE THE NUMERICAL DESIGNATION OF EACH PRECINCT.
(R368) S. 787 -- Senators E. Patterson, Theodore and Nell W. Smith: AN ACT TO AMEND SECTION 20-7-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT INVESTIGATIONS BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROHIBIT THE DEPARTMENT FROM INVESTIGATING ANY ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF OR A RESIDENT OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE FOR THESE ALLEGATIONS TO BE INVESTIGATED BY THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.
(R369) S. 786 -- Senators E. Patterson, Theodore and Nell W. Smith: AN ACT TO AMEND SECTION 20-7-690, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF REPORTS AND RECORDS OF CHILD WELFARE AGENCIES, SO AS TO PROVIDE THAT INFORMATION COLLECTED IN PROTECTING ABUSED AND NEGLECTED CHILDREN IS CONFIDENTIAL AND TO PROVIDE FOR THE REPORTS AND THE INFORMATION COLLECTED TO BE MADE AVAILABLE TO THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.
(R370) S. 957 -- Senator Drummond: AN ACT TO REPEAL ARTICLE 17 OF CHAPTER 13 OF TITLE 51 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HERITAGE WORLD EXPO AUTHORITY.
(R371) S. 126 -- Senator Thomas E. Smith, Jr.: AN ACT TO PROVIDE THAT EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, IN THE DISCHARGE OF ITS DUTIES, IS BY MAJORITY VOTE AUTHORIZED TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM TO VARIOUS ENTITIES OR INDIVIDUALS, PROVIDE THAT EACH SUCH COMMITTEE IS ALSO AUTHORIZED TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM ON BEHALF OF ANY OF ITS SUBCOMMITTEES, AND PROVIDE THAT EACH SUCH COMMITTEE HAS THE RIGHT TO ISSUE SUCH SUBPOENAS AND RECEIVE THE SUBPOENAED EVIDENCE IN EXECUTIVE SESSION; TO PROVIDE THAT EVERY JOINT STUDY COMMITTEE CREATED BY ACT OR RESOLUTION OF THE GENERAL ASSEMBLY, IN THE DISCHARGE OF ITS DUTIES, IS BY MAJORITY VOTE AUTHORIZED TO REQUEST A STANDING COMMITTEE OF THE SENATE OR HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM ON BEHALF OF THE JOINT STUDY COMMITTEE TO VARIOUS ENTITIES OR INDIVIDUALS, PROVIDE THAT THE COMMITTEE HAS THE RIGHT TO RECEIVE THE SUBPOENAED EVIDENCE IN EXECUTIVE SESSION, PROVIDE THAT THE COMMITTEE MUST SEEK INSTRUCTIONS FROM THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS TO WHICH STANDING COMMITTEE SHALL ISSUE THE SUBPOENA, AND REQUIRE THE STANDING COMMITTEE WHICH ISSUES A SUBPOENA ON BEHALF OF A JOINT STUDY COMMITTEE TO COMPLY WITH CERTAIN PROCEDURES; TO PROVIDE THAT THE COMMITTEE MAY ADMINISTER OATHS AND AFFIRMATIONS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY IN CONNECTION WITH ITS WORK, STUDY, OR INVESTIGATION; TO PROVIDE STANDARDS, CONDITIONS, AND RULES FOR THE ISSUANCE AND SIGNING OF SUBPOENAS AND SUBPOENAS DUCES TECUM; TO PROVIDE THAT ANY PERSON SERVED WITH A SUBPOENA OR SUBPOENA DUCES TECUM MAY REQUEST THAT THE COMMITTEE ISSUE A PROTECTIVE ORDER, AND PROVIDE THAT THE COMMITTEE MAY FOR GOOD CAUSE ELECT TO RECEIVE CERTAIN TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION; TO PROVIDE THAT IN CASE OF CONTUMACY BY ANY PERSON OR REFUSAL TO OBEY A SUBPOENA, OR TO TESTIFY AS DIRECTED BY THE COMMITTEE, THE COURT OF COMMON PLEAS, UNDER CERTAIN CONDITIONS, MAY ISSUE AN ORDER REQUIRING THE PERSON TO APPEAR BEFORE THE COMMITTEE TO PRODUCE EVIDENCE OR GIVE TESTIMONY, ALLOW THE COURT TO TAKE ACTION TO ENSURE COMPLIANCE WITH ITS ORDER, AND PROVIDE THAT ANY FAILURE TO OBEY AN ORDER MAY BE PUNISHED AS A CONTEMPT; AND TO PROVIDE THAT A GOOD FAITH RELIANCE BY THE PARTY SUBJECT TO THE SUBPOENA DUCES TECUM IS A DEFENSE TO ANY ACTION, CIVIL OR CRIMINAL, ARISING FROM THE PRODUCTION OF RECORDS, DOCUMENTS, OR OTHER TANGIBLE MATERIALS IN RESPONSE TO THE SUBPOENA.
(R372) S. 462 -- Senators Land and Theodore: AN ACT TO AMEND SECTIONS 40-57-20, 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, TO PROVIDE A PENALTY FOR FAILURE TO HAVE A REAL ESTATE LICENSE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.
(R373) S. 1113 -- Senator Powell: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF BRANCH STREET BETWEEN MILL STREET AND MAPLE STREET IN THE CITY OF ABBEVILLE IN ABBEVILLE COUNTY.
(R374) S. 870 -- Senator Hayes: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.
(R375) S. 731 -- Senator E. Patterson: AN ACT TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF PUBLIC SCHOOL STUDENTS, SO AS TO DELETE PROVISIONS RELATING TO SCHOOL BOARD CONTROL OF FINGERPRINT RECORDS.
(R376) S. 1110 -- Senators Leventis and Moore: AN ACT TO AMEND SECTION 38-63-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE FEE FOR A PROFESSIONAL BONDSMAN, THE LICENSE FEE FOR A RUNNER, THE DISPOSITION OF THOSE FEES, AND AN ADDITIONAL SUM TO BE PAID BY A BONDSMAN, SO AS TO PROVIDE THAT ANY APPLICANT PAYING THE INITIAL LICENSE FEE REQUIRED BY THIS SECTION PRIOR TO JULY 1, 1987, SHALL NOT BE REQUIRED TO PAY ANY LICENSE RENEWAL FEE PRIOR TO JULY 1, 1987, AND TO PROVIDE THAT NO BAIL BONDSMAN OR RUNNER IS REQUIRED TO BE LICENSED UNDER THE PROVISIONS OF CHAPTER 63 OF TITLE 38 UNTIL MAY 1, 1986.
(R377) H. 2222 -- Reps. Washington, Taylor, Holt, Woods, Patterson, Huff, T. Rogers, Toal, Rawl, Beasley, White, Keyserling, McTeer and D. Martin: AN ACT TO AMEND CHAPTER 17, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANVASSING AND CERTIFICATION OF VOTE RESULTS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE FILING OR CONTINUATION OF A PROTEST IF A CANDIDATE DIES AFTER THE ELECTION BUT BEFORE THE TIME FOR FILING A PROTEST OR AFTER A PROTEST HAS BEEN TIMELY FILED.
(R378) H. 3308 -- Rep. Rawl: AN ACT TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO INCREASE THE NUMBER OF THE GOVERNOR'S APPOINTEES FROM SIX TO SEVEN, AND TO PROVIDE THAT DESIGNATED REPRESENTATIVES OF EX OFFICIO MEMBERS MAY SERVE AS EX OFFICIO COMMISSIONERS RATHER THAN BE DESIGNATED TO REPRESENT EX OFFICIO MEMBERS.
(R379) H. 3461 -- Reps. Thrailkill and Pearce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KERSHAW TRADING COMPANY, INC.
(R380) H. 3494 -- Rep. Russell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CIVITAN CLUB OF SPARTANBURG, INCORPORATED.
(R381) H. 3578 -- Reps. J. Anderson and S. Anderson: AN ACT TO PROVIDE THAT STROM THURMOND HIGH SCHOOL IN EDGEFIELD COUNTY SHALL HEREAFTER REMAIN SO NAMED AS TRIBUTE TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED SONS, U.S. SENATOR STROM THURMOND.
At 12:40 P.M. the House resumed, the SPEAKER in the Chair.
Rep. GREGORY moved that the House do now adjourn.
Rep. LEWIS raised the Point of Order that it was now 12:30 p.m., and in accordance with Rule 6.1, the House was now in recess.
The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:00 P.M.
At 2:00 P.M. the House resumed, the ACTING SPEAKER SHEHEEN in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3696 -- Rep. Barfield: A BILL TO AMEND SECTION 59-67-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PASSENGERS ALIGHTING OR ENTERING A SCHOOL BUS, SO AS TO PROVIDE THAT THE DISTRICT BOARDS OF SCHOOL TRUSTEES IN THE STATE PROVIDE VOLUNTEER FLAG PATROLS AT PERIODIC STOPS ALONG THE BUS ROUTE.
Rep. BARFIELD asked unanimous consent to have the Bill placed on the Calendar without reference.
Reps. TOWNSEND and BEASLEY objected.
Referred to Committee on Education and Public Works.
H. 3697 -- Richland County Delegation: A BILL TO AMEND ACT 69 OF 1963 RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED.
On motion of Rep. TOAL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3698 -- Richland County Delegation: A BILL TO AMEND ACT 366 OF 1965 RELATING TO THE COLUMBIA MUSIC FESTIVAL ASSOCIATION SO AS TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE ASSOCIATION ARE APPOINTED.
Without reference.
The following was received.
Columbia, S.C., March 25, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3331:
H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.
and asks for a Committee of Conference and has appointed Senators Waddell, Doar and Moore of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 32
Whereupon, the Chair appointed Reps. P. HARRIS, KIRSH, and KLAPMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 884 -- Senators J. Verne Smith, Horace C. Smith, McLeod, Leatherman, N. Smith, Theodore and Saleeby: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDRENS CODE, BY ADDING ARTICLE 21 SO AS TO ESTABLISH THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH; TO PROVIDE FOR THE PURPOSES OF THE ARTICLE AND THE COUNCIL; TO PROVIDE FOR COUNCIL MEMBERSHIP, THE CHAIRMAN, TERMS, VACANCIES, AND COMPENSATION; TO PROVIDE FOR THE FUNCTIONS OF THE COUNCIL; AND TO PROVIDE FOR HOUSING, FUNDING, AND STAFFING OF THE COUNCIL.
Rep. EVATT explained the Bill.
H. 3430 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.
Rep. EVATT explained the Bill.
H. 3107 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-615 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER AND TO PROVIDE A PENALTY.
On motion of Rep. EVATT, with unanimous consent, it was ordered that S. 884 be read the third time tomorrow.
On motion of Rep. EVATT, with unanimous consent, it was ordered that H. 3430 be read the third time tomorrow.
On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 3107 be read the third time tomorrow.
Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted.
H. 3535 -- Rep. Lockemy: A BILL TO AMEND ARTICLE 7, CHAPTER 17, OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR JUDICIAL COMMITMENT, BY ADDING SECTION 44-17-660 SO AS TO PROVIDE THAT MONIES APPROPRIATED TO IMPLEMENT THE PROVISIONS OF ARTICLE 7, CHAPTER 17, OF TITLE 44 MAY BE PAID TO A STATE EMPLOYEE IF THE EMPLOYEE IS NOT PERFORMING HIS OFFICIAL DUTIES AS A STATE EMPLOYEE.
Rep. AYDLETTE moved to adjourn debate upon the following Bill until Tuesday, April 1, which was adopted.
H. 3445 -- Reps. Blackwell, Beasley, Foxworth, McBride, Klapman, Cooper, Simpson, P. Harris, Kay, K. Bailey, T. Rogers, J. Anderson, L. Martin, Hayes, Mitchell, Day, Winstead, Lake, Shelton, Mattos, Gregory, Taylor, Townsend, Tucker, Woodruff, O. Phillips, Limehouse, Griffin, L. Phillips, Cork, Mangum, McKay, Barfield, J. Arthur, G. Bailey, R. Brown, Kirsh, Foster, Jones, McLellan, Washington, Rawl, Rice, Ferguson and Fair: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO THE DEFINITION OF HANDICAPPED PERSONS FOR PURPOSES OF FREE PARKING FOR THESE PERSONS SO AS TO REVISE THIS DEFINITION.
The following Bill was taken up.
H. 3668 -- Agriculture and Natural Resources Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 46-21-260 AND 46-21-270 SO AS TO PROVIDE FOR ACTIONS AGAINST SEED DEALERS WHEN THE SEEDS THEY SELL DO NOT PRODUCE OR PERFORM AS REPRESENTED BY THEIR LABELS AND TO CREATE AN ARBITRATION COMMITTEE TO ASSIST FARMERS AND SEED DEALERS IN DETERMINING THE VALIDITY OF COMPLAINTS AND TO SET DAMAGES IF ANY.
Rep. WALDROP explained the Bill.
Rep. SIMPSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Reps. BEASLEY and PEARCE 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 4253C), which was later ruled out of order.
Amend the bill, as and if amended, page 3, Section 15-3-640 as contained in SECTION 1, line 34, by striking /sixteen/ and inserting /ten/.
Amend Section 15-3-640 further, page 4, item (9), line 21, by inserting /land surveying,/ after /surveying,/ and by striking on line 27 /sixteen/ and inserting /ten/.
Amend further, Section 15-3-670 as contained in SECTION 3, page 6, line 1, by inserting /land surveying,/ before /planning/.
Amend title to conform.
Rep. LEWIS explained the amendment.
Rep. FREEMAN raised the Point of Order that the Bill was out of order at this time as Rule 5.9 specifies that, "Every Committee Report which amends the provisions of legislation referred to such Committee shall give the full text of the Section or clearly identifiable subdivision or portion of a section as it would read with such amendment inserted therein. If this rule is not complied with, the Bill or Joint Resolution shall be amended so as to conform to this Rule before it is considered by the House. This shall be the responsibility of the Committee Chairman." He further stated that the Bill should be sent back to the Labor, Commerce and Industry Committee in order to amend the Committee Report to conform with Rule 5.9.
Rep. WINSTEAD argued that once a Bill has been set for Special Order, it may not be recommitted.
Rep. L. MARTIN argued that, by previous custom, amendments may be loosely drawn, so long as the intent of such amendment was clear, as it was in this case.
Rep. TOAL stated that while Rep. FREEMAN's Point may have been valid, Rule 5.14 provides that the House may, by motion and roll call vote, dispense with printing any document, and so moved.
Rep. FREEMAN argued that the provisions of Rule 5.9 were clear, and that they may not be dispensed with.
The SPEAKER Pro Tempore stated that Rep. TOAL's motion was out of order at this time.
Rep. McLELLAN raised the Point of Order that Rep. FREEMAN's Point came too late, as the Bill had previously been before the House, when objections were placed on it.
Rep. TOAL argued that although the Committee Report may be defective, there was nothing to preclude the House from considering other amendments to the Bill.
Rep. FREEMAN stated that, under Rule 5.9, the Bill may not be considered until the Committee Report conforms with the Rule.
Rep. WINSTEAD cited Rule 4.4, that after a Bill has been set for Special Order, no point of order may be raised regarding its reference to Committee.
The SPEAKER Pro Tempore stated that Rep. FREEMAN's Point of Order was timely, he sustained the Point of Order, and ruled the Bill may not be considered by the House until such time as it conforms with the specifications of Rule 5.9.
Rep. TOAL moved that the House stand at ease for 5 minutes, which was adopted.
At 2:45 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Rep. L. MARTIN raised the Point of Order that even though the Committee Report on S. 153 was invalid, the Bill was correct and proper and was therefore still before the House.
The SPEAKER Pro Tempore stated the defective Committee Report rendered the Bill improperly before the House, and he overruled the Point of Order. He further stated that until the Committee Report was amended to comply with Rule 5.9, the Chair may not allow the Bill to be considered by the House.
Rep. BLACKWELL inquired if a Bill was recalled from a Committee and placed on the Calendar, whether that Bill could then be set for Special Order.
The SPEAKER Pro Tempore stated that it would be proper.
Rep. GREGORY raised the Point of Order that, as S. 153 had been ruled out of order until such time as it complies with Rule 5.9, the House must take up the next Special Order Bill, as it states that it was to be taken up following "second reading or other disposition of S. 153".
Rep. L. MARTIN moved that the House stand at ease for 5 minutes.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Fair Ferguson Foxworth Gilbert Harris, J. Harris, P. Hayes Hearn Hendricks, B. Johnson, J.C. Jones Kay Keyserling Kirsh Klapman Koon Lewis Marchant Martin, D. Martin, L. Mattos McEachin McKay McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, O. Rice Sharpe Shelton Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Wilkins Williams Winstead
Those who voted in the negative are:
Freeman Gregory Johnson, J.W. Rogers, T. Stoddard
So, the motion that the House stand at ease was agreed to.
At 3:10 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The SPEAKER Pro Tempore granted Rep. LIMEHOUSE a temporary leave of absence.
The SPEAKER Pro Tempore stated that the motion that the House recede for five minutes had prevented the House from leaving S. 153, and until the next Bill had been announced by the Chair, the House was considered to still be on the last Bill before the House, therefore he overruled Rep. GREGORY's Point of Order.
The SPEAKER Pro Tempore stated, in accordance with his previous rulings, that Amendment No. 1 was ruled out of order.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1A (Doc. No. 3336R), which was adopted.
Amend the bill, as and if amended, page 3, Section 15-3-640 as contained in SECTION 1, line 34, by striking /sixteen/ and inserting /ten/ so that when amended, the first paragraph will read:
"Section 15-3-640. All action No actions to recover damages for any deficiency in the design, planning, supervision, observation of construction, construction of, or land surveying in connection with, based upon or arising out of the defective or unsafe condition of an improvement to real property, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, shall may be brought against any person performing or furnishing the design, planning, supervision, observation of construction, construction of, or land surveying in connection with, such an improvement within ten more than ten years after substantial completion of such an improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes:
(1) an action to recover damages for breach of a contract to construct or repair an improvement to real property;
(2) an action to recover damages for the negligent construction or repair of an improvement to real property;
(3) an action to recover damages for personal injury, death, or damage to property;
(4) an action to recover damages for economic or monetary loss;
(5) an action in contract or in tort or otherwise;
(6) an action for contribution or indemnification for damages sustained on account of an action described in this subdivision;
(7) an action against a surety or guarantor of a defendant described in this section;
(8) an action brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest in the real property or improvement;
(9) an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
Amend Section 15-3-640 further, page 4, item (9) and the following paragraph , line 21, by inserting /land surveying,/ after /surveying,/ and by striking on line 27 /sixteen/ and inserting /ten/ so that when amended, item (9) and the following paragraph shall read:
(9) an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, land surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
This section describes an outside limitation of ten years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.
Amend further, Section 15-3-670 as contained in SECTION 3, page 6, line 1, by inserting /land surveying,/ before /planning/ so that Section 3 when amended shall read:
"Section 15-3-670. The limitation provided by Sections 15-3-630 to 15-3-640 through 15-3-660 shall may not be asserted as a defense by any person in actual possession or the control, as owner, tenant, or otherwise, of such an the improvement at the time any deficiency in such an improvement the defective or unsafe condition constitutes the proximate cause of the injury or death for which it is proposed to bring an action. , in the event such person in actual possession or control knows, or reasonably should have known, of the defective or unsafe condition. Nor shall the limitation The limitations hereby provided by Sections 15-3-640 through 15-3-660 are not be available as a defense to any person who shall have been guilty of fraud, gross negligence or recklessness in providing components in furnishing materials, in developing real property, in performing or furnishing the design, plans, specifications, surveying, land surveying, planning, supervision, testing or observation of construction, construction of, or land surveying, in connection with such an improvement, or to any person who shall wrongfully conceal conceals any such cause of action. The limitation provided by Section 15-3-640 may not be asserted as a defense to any action for personal injury, including a personal injury resulting in death, or property damage which is (i) by its nature not discoverable in the exercise of reasonable diligence at the time of its occurrence and (ii) the result of ingestion of or exposure to some toxic or harmful or injury producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma."
Amend title to conform.
Rep. FREEMAN raised the Point of Order that the committee amendment which replaced the committee amendment (No. 1) which was ruled out of order was a committee action, and must therefore result from a full committee meeting, which had not been called.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. LEWIS explained the amendment.
Rep. FREEMAN spoke against the amendment.
Rep. J.W. JOHNSON asked unanimous consent that the time of the speaker be extended 10 minutes, which was agreed to.
Rep. FREEMAN continued speaking and moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bennett Blanding Bradley, J. Fair Freeman Gentry Gregory Harris, J. Hayes Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh McEachin McTeer Rawl Rogers, J. Rogers, T. Sheheen Stoddard Washington White Woodruff
Those who voted in the negative are:
Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Barfield Beasley Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Edwards Elliott Evatt Faber Foxworth Gilbert Gordon Harris, P. Hawkins Hearn Hendricks, B. Jones Klapman Koon Lake Lewis Marchant Martin, D. Martin, L. Mattos McKay McLellan Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Sharpe Shelton Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Wilkins Williams Winstead
So, the House refused to table the amendment.
Rep. GREGORY spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the remainder of the day.
Rep. JOHNSON asked unanimous consent that the time of the speaker be extended 10 minutes, which was agreed to.
Rep. GREGORY continued speaking and moved to table the amendment.
Rep. TOAL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the adoption of the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Edwards Elliott Evatt Faber Foxworth Harris, P. Hawkins Hearn Helmly Hendricks, B. Jones Klapman Koon Lake Lewis Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Sharpe Shelton Simpson Snow Sturkie Taylor Toal Townsend Tucker Waldrop Williams Winstead
Those who voted in the negative are:
Anderson, J. Arthur, J. Beasley Bradley, J. Freeman Gentry Gilbert Gregory Harris, J. Hayes Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh McTeer Rogers, J. Rogers, T. Sheheen Stoddard Washington White Woodruff
So, the amendment was adopted.
Reps. GREGORY, GRIFFIN, RAWL and SHORT proposed the following Amendment No. 2 (Doc. No. 2442R), which was tabled.
Amend the bill, as and if amended, page 5, line 4, Section 15-3-640, as contained in SECTION 1, by adding before the quotes at the end of the section:
/ Every agency of the State or any of its political subdivisions shall enter into a contractual agreement guaranteeing against defects caused by negligence the materials used and workmanship involved in the furnishing of materials, development of real property, performance of or furnishing the design, plans, specifications, planning, supervision, testing, or observation of construction, or construction of any improvement to real property or a repair to an improvement to real property funded by public monies from any source for the reasonable life of the improvements./
Amend title to conform.
Rep. GREGORY explained the amendment.
Rep. TOAL spoke against the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bennett Blanding Bradley, J. Freeman Gordon Gregory Hayes Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Phillips, O. Rogers, J. Washington Woodruff
Those who voted in the negative are:
Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Edwards Elliott Evatt Faber Fair Foxworth Gilbert Harris, J. Harris, P. Hawkins Hearn Helmly Hendricks, B. Hendricks, L. Jones Keyserling Klapman Koon Lake Lewis Martin, D. Martin, L. Mattos McEachin McKay McLellan McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Simpson Stoddard Sturkie Toal Townsend Tucker Waldrop Winstead
So, the House refused to adjourn.
Rep. TOAL continued speaking.
Rep. GREGORY spoke in favor of the amendment.
Rep. TOAL moved to table the amendment which was agreed to.
Reps. GREGORY, GRIFFIN, RAWL and SHORT proposed the following Amendment No. 3 (Doc. No. 2440R), which was tabled.
Amend the bill, as and if amended, by deleting the preamble.
Amend title to conform.
Rep. GREGORY explained the amendment.
Rep. TOAL spoke against the amendment and moved to table the amendment.
Rep. GREGORY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Bennett Blackwell Boan Bradley, P. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Foxworth Gilbert Gordon Harris, P. Hawkins Hearn Helmly Hendricks, B. Hendricks, L. Jones Kay Kirsh Klapman Koon Lake Martin, D. Martin, L. Mattos McEachin McKay McLellan McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Sharpe Short Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Williams Winstead
Those who voted in the negative are:
Anderson, J. Arthur, J. Bradley, J. Freeman Gregory Griffin Harris, J. Hayes Huff Johnson, J.C. Johnson, J.W. Rawl Rogers, T. Sheheen Stoddard Washington Woodruff
So, the amendment was tabled.
Reps. GREGORY, GRIFFIN, RAWL and SHORT proposed the following Amendment No. 4 (Doc. No. 2445R), which was tabled.
Amend the bill, as and if amended, page 3, line 34, Section 15-3-640, as contained in SECTION 1, by striking /sixteen/ and inserting /twenty/.
Amend further, page 3, line 35, Section 15-3-640, as contained in SECTION 1, by adding after the period: /Any such suit must be brought within two years of discovery of the defective or unsafe condition./
Amend title to conform.
Rep. GREGORY explained the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bennett Blackwell Bradley, J. Freeman Gordon Gregory Griffin Hawkins Hayes Helmly Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Phillips, O. Rawl Rhoad Rogers, J. Rogers, T. Stoddard Washington Woodruff
Those who voted in the negative are:
Alexander Altman Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Derrick Edwards Elliott Faber Fair Foxworth Harris, J. Harris, P. Hearn Jones Keyserling Klapman Koon Lake Lewis Martin, D. Martin, L. Mattos McKay McLellan McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Rice Sharpe Sheheen Shelton Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Winstead
So, the House refused to adjourn.
Rep. GREGORY continued speaking.
Rep. LEWIS moved to table the amendment which was agreed to.
Reps. GREGORY, GRIFFIN, RAWL and SHORT proposed the following Amendment No. 5 (Doc. No. 2432R), which was tabled.
Amend the bill, as and if amended, by adding at the end of the preamble before the period: /; and
Whereas, the General Assembly finds it necessary to establish a separate classification for those consumers who suffer personal injury or death and who are not a party to the contract and therefore have no bargaining power as do those who contracted for the services/.
Amend further, page 4, Section 15-3-640, as contained in SECTION 1, by striking item (3) and inserting:
/(3) an action to recover damages for damage to property;/.
Amend further, Section 15-3-670, as contained in SECTION 3, page 5, line 31, by striking /injury or death/ and inserting /injury or death damage/.
Amend title to conform.
Rep. GREGORY explained the amendment.
Rep. DAVENPORT raised the Point of Order that the amendment was not germane to the Bill.
ACTING SPEAKER SHEHEEN overruled the Point of Order.
Rep. GREGORY continued speaking.
Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to.
Reps. GREGORY, GRIFFIN, RAWL and SHORT proposed the following Amendment No. 6 (Doc. No. 2433R), which was tabled.
Amend the bill, as and if amended, page 3, line 7, by adding before /which/ /or potentially toxic substances,/.
Amend further, page 6, line 14, by adding /or potentially toxic or harmful or injury producing/ before /substance/.
Amend title to conform.
Rep. FREEMAN explained the amendment.
Rep. J. BRADLEY moved to continue the Bill.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bradley, J. Freeman Gregory Griffin Harris, J. Hayes Johnson, J.C. Johnson, J.W. McTeer Rawl Rogers, T. Woodruff
Those who voted in the negative are:
Alexander Altman Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Foxworth Gentry Gilbert Gordon Harris, P. Hawkins Hearn Helmly Hendricks, L. Jones Kay Kirsh Klapman Koon Lake Lewis Martin, D. Martin, L. Mattos McEachin McKay McLellan Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Sharpe Sheheen Shelton Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Wilkins Williams Winstead
So, the House refused to continue the Bill.
Rep. FREEMAN continued speaking.
The ACTING SPEAKER SHEHEEN granted Rep. OGBURN a leave of absence for the remainder of the day.
Rep. TOAL spoke against the amendment and moved to table the amendment.
Rep. FREEMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Foxworth Gordon Harris, P. Hawkins Hearn Helmly Hendricks, L. Jones Kay Keyserling Klapman Koon Lake Lewis Martin, D. Martin, L. Mattos McEachin McKay McLellan McTeer Moss Neilson Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Sharpe Shelton Simpson Snow Sturkie Thrailkill Toal Townsend Tucker Waldrop Wilkins Williams Winstead Woodruff
Those who voted in the negative are:
Anderson, J. Arthur, J. Bradley, J. Freeman Gentry Gregory Griffin Harris, J. Hayes Johnson, J.C. Johnson, J.W. Kirsh Mitchell Rawl Rogers, T.
So, the amendment was tabled.
Reps. GREGORY, GRIFFIN, SHORT and RAWL proposed the following Amendment No. 7 (Doc. No. 2428R), which was tabled.
Amend the bill, as and if amended, page 3, line 14, by adding at the end of the preamble before the period: /; and
Whereas, the General Assembly finds it reasonable to distinguish between those involved in the improvement of real property and manufacturers of products used in the improvement of real property because the manufacturers produce components in large quantities, make standard goods, develop standard processes, and have the sole opportunity to maintain high quality control and to prevent defects in manufacturing and design of products/.
Amend further, page 4, Section 15-3-640, as contained in SECTION 1, by striking beginning on line 1 of item (9) /or manufacturers of components,/.
Amend title to conform.
Rep. FREEMAN explained the amendment.
Rep. TOAL spoke against the amendment.
Rep. FREEMAN spoke in favor of the amendment.
Rep. TOAL moved to table the amendment which was agreed to.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL 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. FREEMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bennett Blackwell Blanding Bradley, J. Ferguson Freeman Gentry Gregory Harris, J. Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Phillips, O. Rawl Rogers, T. Sheheen Thrailkill Townsend Waldrop Wilkins Woodruff
Those who voted in the negative are:
Alexander Altman Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Bradley, P. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cork Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Foxworth Harris, P. Hearn Hendricks, L. Jones Keyserling Klapman Koon Lewis Martin, D. Martin, L. McEachin McKay McLellan McTeer Mitchell Moss Neilson Pearce Petty Phillips, L. Rhoad Rice Sharpe Shelton Simpson Snow Stoddard Sturkie Taylor Toal Tucker Winstead
So, the House refused to adjourn.
Reps. HUFF and J. ANDERSON proposed the following Amendment No. 9 (Doc. No. 2578R), which was adopted.
Amend the bill, as and if amended, in Section 15-3-660 of the 1976 Code, as contained in SECTION 2, page 5, line 2 by striking /or/ and inserting /, except/.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. J. ROGERS and HUFF proposed the following Amendment No. 11 (Doc. No. 3350R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. In those actions brought to which the limitations contained in Section 15-3-640 of the 1976 Code apply, the damages found by the jury or court against the defendant must be doubled where the jury or court finds the defendant was guilty of negligence and must be trebled where the jury or court finds the defendant was guilty of gross negligence or recklessness. In addition to the above when such findings against the defendant are made, attorney's fees and costs in an amount set by the court must also be awarded to the plaintiff./
Renumber sections to conform.
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 66 to 16.
Rep. FREEMAN proposed the following Amendment No. 12, which was ruled out of order.
Amend as and if amended.
By adding a new section to read:
All insurers who insure persons protected by this section shall reduce their premiums to reflect the reduction in exposure which this bill provides. Such reduction shall be at least 20% of the premium.
Rep. FREEMAN explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 12 was not germane to the Bill as it related to insurance premiums, which S. 153 does not address.
Reps. FREEMAN and J. BRADLEY argued contra.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
Reps. LEWIS and TOAL proposed the following Amendment No. 13 (Doc. No. 3352R), which was adopted.
Amend the bill, as and if amended, Section 15-3-640 as contained in SECTION 1, page 4, by striking on lines 27 and 38 /sixteen/ and inserting /ten/.
Renumber sections to conform.
Amend title to conform.
Rep. LEWIS explained the amendment.
Rep. FREEMAN moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 16 to 67.
The question then recurred to the adoption of the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 65 to 15.
Reps. J. ROGERS and STURKIE proposed the following Amendment No. 14, which was tabled.
Amend as and if amended, by adding a new section to be appropriately numbered which shall read:
Section ___. In those actions brought to which the limitations contained in Section 15-3-64 of the 1976 Code apply, the court may award costs and attorney's fees to the successful party.
Rep. J. ROGERS explained the amendment.
Rep. TOAL spoke against the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL 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. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bailey, K. Bennett Blackwell Blanding Bradley, J. Brown, G. Elliott Ferguson Freeman Gentry Gregory Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Mitchell Phillips, O. Rawl Rogers, J. Rogers, T. Thrailkill Townsend Wilkins
Those who voted in the negative are:
Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Barfield Beasley Bradley, P. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Derrick Edwards Evatt Faber Fair Foxworth Gilbert Harris, J. Harris, P. Hearn Hendricks, L. Jones Keyserling Klapman Koon Lake Lewis Martin, D. Martin, L. McEachin McKay McLellan McTeer Neilson Pearce Petty Phillips, L. Rice Sharpe Sheheen Shelton Simpson Snow Sturkie Taylor Toal Tucker Waldrop Williams Winstead Woodruff
So, the House refused to adjourn.
Rep. BLACKWELL moved immediate cloture on the entire matter.
Rep. FREEMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Arthur, W. Bailey, G. Blackwell Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Dangerfield Edwards Elliott Evatt Faber Ferguson Harris, P. Hawkins Hearn Hendricks, L. Jones Koon Lake Martin, D. Martin, L. McTeer Pearce Petty Phillips, L. Rice Sharpe Shelton Snow Sturkie Taylor Tucker Williams
Those who voted in the negative are:
Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, K. Beasley Bennett Blanding Bradley, J. Brown, G. Brown, H. Cleveland Davenport Day Derrick Fair Foxworth Freeman Gentry Gilbert Gregory Harris, J. Hayes Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lewis McEachin McKay McLellan Mitchell Phillips, O. Rawl Rogers, J. Rogers, T. Sheheen Simpson Toal Townsend Waldrop Wilkins Winstead Woodruff
So, the motion for the previous question was rejected.
Rep. GREGORY spoke in favor of the amendment.
Rep. LEWIS moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 62 to 16.
Reps. GREGORY, GRIFFIN, RAWL and SHORT proposed the following Amendment No. 8 (Doc. No. 2443R), which was tabled.
Amend the bill, as and if amended, page 6, line 12, by striking /and/ between /occurrence/ and /(ii)/ and inserting /or/.
Amend title to conform.
Rep. FREEMAN explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment.
Rep. FREEMAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 59 to 17.
Rep. FREEMAN was recognized to speak on the Bill.
Rep. J. BRADLEY moved to table the Bill.
Rep. T.M. BURRISS raised the Point of Order that the motion to table the Bill was out of order as Rep. FREEMAN had been recognized and had the floor.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. J. BRADLEY moved to continue the Bill.
Rep. TOAL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FREEMAN spoke against the Bill.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. LEWIS 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. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Bailey, K. Beasley Bennett Blackwell Blanding Bradley, J. Day Ferguson Freeman Gentry Gilbert Gordon Gregory Griffin Harris, J. Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Lake Mitchell Phillips, O. Rawl Rogers, J. Rogers, T. Sheheen Stoddard Taylor Thrailkill White Wilkins Woodruff
Those who voted in the negative are:
Alexander Altman Anderson, S. Aydlette Bailey, G. Barfield Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Fair Foxworth Harris, P. Hearn Helmly Hendricks, L. Jones Klapman Koon Lewis Martin, D. Martin, L. Mattos McEachin McKay McLellan McTeer Neilson Nettles Pearce Petty Phillips, L. Rice Sharpe Shelton Simpson Snow Sturkie Toal Townsend Tucker Waldrop Williams Winstead
So, the House refused to adjourn.
Rep. HUFF proposed the following Amendment No. 15, which was adopted.
Amend as and if amended.
Page 6, line 1, by striking "land surveyors".
Amend to conform.
Rep. HUFF explained the amendment.
Rep. DAVENPORT moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 41 to 45.
The question then recurred to the adoption of the amendment which was agreed to.
Rep. RAWL spoke against the Bill.
The question then recurred to the passage of the Bill, as amended on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Foxworth Gilbert Harris, J. Harris, P. Hawkins Hearn Helmly Hendricks, L. Huff Jones Kay Keyserling Klapman Koon Lake Lewis Mangum Martin, D. Martin, L. Mattos McAbee McEachin McKay McLellan Mitchell Moss Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rawl Rice Sharpe Shelton Simpson Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Wilkins Winstead
Those who voted in the negative are:
Anderson, J. Arthur, J. Bennett Blanding Bradley, J. Ferguson Freeman Gentry Gregory Griffin Hayes Johnson, J.C. Johnson, J.W. Kirsh McTeer Rogers, J. Rogers, T. Sheheen White Woodruff
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE asked unanimous consent that S. 153 be read a third time tomorrow.
Rep. RAWL objected.
My long standing support of fair practices within the architectural - engineering, construction and allied professions is reason why I favor this legislation.
Rep. TOM MARCHANT
Rep. ALEXANDER moved that the House do now adjourn.
Rep. J. BRADLEY 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. SHEHEEN 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 committees:
H. 3701 -- Education and Public Works Committee: A BILL TO ENACT THE SOUTH CAROLINA EMPLOYMENT REVITALIZATION ACT OF 1986 BY ADDING SECTION 59-5-61 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION IN REGARD TO SECONDARY OCCUPATIONAL VOCATIONAL EDUCATION; TO AMEND SECTION 59-43-20, RELATING TO THE POWERS OF THE STATE BOARD OF EDUCATION IN REGARD TO ADULT EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 59-53-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO ADD TWO AT-LARGE MEMBERS TO THE BOARD, TO PROVIDE THAT THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION SHALL ALSO SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE WITH SPECIFIED RESPONSIBILITIES, TO REQUIRE EACH AREA OCCUPATIONAL ADVISORY COMMITTEE TO MAKE PROGRESS REPORTS TO THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, AND PROVIDE FOR CERTAIN FUNCTIONS OF THE ADVISORY COMMITTEE; TO AMEND SECTION 59-53-20, AS AMENDED, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OVER STATE-SUPPORTED TECHNICAL INSTITUTIONS AND PROGRAMS, SO AS TO FURTHER PROVIDE FOR THIS AUTHORITY WITH REGARD TO CERTAIN OCCUPATIONAL AND TECHNICAL TRAINING FOR ADULTS; TO AMEND SECTION 59-53-40, AS AMENDED, RELATING TO COORDINATION BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION WITH THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE BOARD AND THE LOCAL AREA COMMISSIONS SHALL INSURE COORDINATION AMONG PUBLIC AND PRIVATE ENTITIES TO MEET LOCAL TECHNICAL EDUCATION AND TRAINING NEEDS AND TO DELETE CERTAIN LANGUAGE OF THE SECTION; TO AMEND SECTION 59-53-50, AS AMENDED, RELATING TO OTHER POWERS AND DUTIES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO GRANT TO THE BOARD CERTAIN ADDITIONAL POWERS AND DUTIES; TO AMEND SECTION 59-53-57, RELATING TO STATE FUNDING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO STIPULATE HOW CERTAIN MONIES APPROPRIATED FOR SHORT-TERM AND INNOVATIVE TRAINING MUST BE USED AND TO CREATE A PRIVATE JOB TRAINING REVIEW COMMITTEE AND PROVIDE FOR ITS FUNCTIONS; TO ESTABLISH AN AREA OCCUPATIONAL TRAINING ADVISORY COMMITTEE FOR EACH OF THE SERVICE AREAS PRESENTLY ESTABLISHED FOR THE VARIOUS TECHNICAL COLLEGES AND TO PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, AND EXPENSES OF THESE AREA ADVISORY COMMITTEES AND FOR A TWO-YEAR DURATION OF EACH; TO PROVIDE THAT EACH LOCAL TECHNICAL COLLEGE COMMISSION AND LOCAL SCHOOL BOARDS WITHIN THE SERVICE AREA SHALL ENTER INTO CERTAIN MEMORANDA OF AGREEMENT FOR COOPERATION AND COORDINATION AND TO PROHIBIT ANY TECHNICAL COLLEGE COMMISSION OR LOCAL SCHOOL BOARD WHICH HAS NOT ENTERED INTO A MEMORANDA OF AGREEMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE FROM RECEIVING CERTAIN STATE FUNDS UNTIL SUCH TIME AS A MEMORANDA OF AGREEMENT HAS BEEN ENTERED INTO, AND TO PROVIDE THAT EACH STATE AGENCY OFFERING VOCATIONAL, TECHNICAL, OCCUPATIONAL, OR ADULT BASIC AND SECONDARY EDUCATION SHALL INCLUDE IN ITS ANNUAL REPORT CERTAIN INFORMATION.
Without reference.
Rep. McKAY moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3678 -- Rep. Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE OUTRAGE OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE SENSELESS MURDER OF BILLY EARL CASEY, JR., OF PELION WHILE WORKING AT A LEXINGTON COUNTY CONVENIENCE STORE AND TO EXPRESS DEEPEST SYMPATHY TO HIS FAMILY IN THIS TIME OF SORROW.
H. 3679 -- Reps. P. Harris, Woodruff, D. Martin, Rice, R. Brown, Beasley, J. Rogers, Hearn, Bennett, Holt, Taylor, Carnell, J.C. Johnson, Toal, Hayes, K. Bailey, Petty, Mitchell, Foxworth, Limehouse, Mangum, Sharpe, S. Anderson, Kirsh, Thrailkill, Elliott, Washington, Waldrop, Neilson, McTeer, Sheheen, Ogburn, Snow, Fair, Aydlette, Altman, Tucker, J. Anderson, Gentry, Lockemy, Gilbert, Chamblee and Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY YEARS OF DEDICATED SERVICE OF GEORGE WILLIAM (BILL) DUDLEY, JR., EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
H. 3680 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE JOHN L. MOTLEY OF CHERAW, CHESTERFIELD COUNTY, A NATIVE SON WHO HAS MADE HIS MARK IN NEW YORK COLLEGE AS A MUSICIAN AND MUSIC EDUCATOR AND TO WISH FOR HIM A PLEASANT AND FULFILLING RETIREMENT.
H. 3681 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE REVEREND WILLIAM GASKELL OF SUMTER COUNTY ON THE OCCASION OF HIS TENTH ANNIVERSARY AS PASTOR OF THE SUMTER BIBLE CHURCH.
H. 3682 -- Reps. Moss, O. Phillips and Cooper: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LLOYD H. LOVELACE, OF CHEROKEE COUNTY, WHO DIED FRIDAY, MARCH 14, 1986.
H. 3694 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. OLIE A. BROADWAY OF BISHOPVILLE, LEE COUNTY, UPON HIS DEATH.
H. 3695 -- Rep. P. Bradley: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. JOSEPH EVANS BRUNSON OF GREENVILLE COUNTY UPON HIS DEATH.
H. 3699 -- Reps. Klapman, J.H. Burriss, Sharpe, Sturkie and Derrick: A CONCURRENT RESOLUTION TO CONGRATULATE NURSERY ROAD ELEMENTARY SCHOOL, IN LEXINGTON COUNTY, AND ITS PRINCIPAL, DR. THOMAS E. SMITH, UPON THE SCHOOL BEING NAMED "PALMETTO'S FINEST" BY THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
At 6:00 P.M. the House in accordance with the motion of Rep. McKAY adjourned to meet at 10:00 A.M. tomorrow.
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