South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 11, 1987

Wednesday, February 11, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God, in Whose presence our restless ways are quieted and by Whose love our baffled hearts are reassured, save us from dealing with problems without vision. Keep us calm in the knowledge that peace and poise can be found only as we hear and heed Your beckoning. And when testings come, may we see in them the refiner's fire, consuming the dross and bringing out the pure gold that is within us. Imprint indelibly upon our minds that there is no tranquilizer as effective as a clear conscience.

So may we go into the duties of this day with eager and earnest minds, strongly fortified with a trust in our all-wise God Whose promises and presence never fail. 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.

REPORTS OF STANDING COMMITTEES

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments on:

H. 2024 -- Reps. Hayes and P. Bradley: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2124 -- Rep. Aydlette: A BILL TO AMEND SECTION 38-37-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, THE AVOIDANCE OF CERTAIN CLASSES OR TYPES OF RISK, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO MAKE IT AN ACT OF UNLAWFUL DISCRIMINATION AND UNFAIR COMPETITION FOR AN INSURER TO TERMINATE ITS INSURANCE BUSINESS WITH ANY ONE AGENT OVER THE WRITING OF CERTAIN CLASSES OR TYPES OF AUTOMOBILE INSURANCE RISKS WITHOUT ALSO PULLING OUT OF THE ENTIRE STATE OR TERMINATING ITS SIMILAR BUSINESS WITH ALL OTHER AGENTS IN THE STATE AT THE SAME TIME AND TO DO ANYTHING UNFAIR, OR UNFAIRLY FAIL TO DO ANYTHING, WHICH HAS THE EFFECT OF, OR RESULTS IN, CAUSING ANY CEDED INSURANCE BUSINESS TO HAVE A DETRIMENTAL EFFECT ON ANY INCENTIVE BONUSES PAID BY THE INSURER TO AGENTS, AND TO INCREASE THE PERIOD OF REVOCATION OR SUSPENSION OF THE INSURER'S CERTIFICATE OF AUTHORITY, AS A PENALTY FOR THESE AND CERTAIN OTHER UNLAWFUL, WILFUL ACTS, FROM SIX TO TWELVE MONTHS, AND TO PROHIBIT INSURERS FROM USING BUSINESS PLACED IN THE REINSURANCE FACILITY WHEN DETERMINING QUALITY BONUS.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2179 -- Reps. Waldrop, Haskins, Blackwell and Limehouse: A BILL TO AMEND SECTION 40-6-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ISSUE REPRIMANDS FOR MISCONDUCT WHICH DOES NOT WARRANT SUSPENSION OR REVOCATION OF A LICENSE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2180 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW THE EXEMPTING OF PERSONS ENGAGED IN AUCTIONEERING BUSINESSES ON MAY 24, 1977, FROM HAVING TO BE LICENSED AS AN APPRENTICE BEFORE BEING LICENSED AS AN AUCTIONEER.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2181 -- Reps. Waldrop, Hearn and Limehouse: A BILL TO AMEND SECTION 40-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO CHANGE THE METHOD OF SUBMITTING NOMINATIONS FOR APPOINTMENTS TO THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2182 -- Reps. Waldrop, Blackwell, Haskins and Limehouse: A BILL TO AMEND SECTION 40-6-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL REQUIREMENTS FOR LICENSES FOR AUCTIONEERS, SO AS TO PROVIDE THAT THE CREDIT RECORD OF ANY APPLICANT MAY BE CONSIDERED BY THE AUCTIONEERS' COMMISSION IN DETERMINING WHETHER OR NOT TO LICENSE THE APPLICANT AND TO ESTABLISH A FEE FOR A CREDIT INVESTIGATION.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2185 -- Reps. Waldrop, Gentry, Haskins, Limehouse and Mattos: A BILL TO AMEND SECTION 40-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT NO DISCIPLINARY ACTION MAY BE TAKEN AGAINST A LICENSEE OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION WITHOUT A PUBLIC HEARING.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 2215 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN IN EACH CONGRESSIONAL DISTRICT AT LEAST ONE RESIDENT ADJUSTER WHO IS A FULL-TIME EMPLOYEE OF THE COMPANY FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THESE ADJUSTERS IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2011 -- Reps. Ferguson and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2055 -- Reps. Kirsh, Nesbitt and P. Bradley: A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE FOR COMPULSORY PUBLIC OR PRIVATE SCHOOL ATTENDANCE, SO AS TO INCREASE THE MAXIMUM AGE FROM SIXTEEN TO SEVENTEEN YEARS.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 2117 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2150 -- Rep. Harvin: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE REGISTRATION AND LICENSE PLATES FOR PRISONERS OF WAR, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MAY RETAIN THE LICENSE PLATE AND ALL THE PRIVILEGES INCIDENT TO IT FOR LIFE OR UNTIL REMARRIAGE AND TO PROVIDE THAT THEIR CHILDREN MAY RETAIN THE PLATE AS A MEMENTO WHEN THE VEHICLE ON WHICH IT WAS ATTACHED IS TRANSFERRED.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2231 -- Reps. M.D. Burriss, Hearn and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-35 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES WHO BECOMES A PERMANENT RESIDENT OF THE STATE MAY HAVE THIRTY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE THAT HE MUST BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE WITHOUT EXAMINATION IF HE HAS A VALID DRIVER'S LICENSE FROM ANOTHER STATE OR TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA AT THE TIME OF HIS APPLICATION.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2232 -- Reps. M.D. Burriss and Day: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OF DRIVER'S LICENSES AND THE RENEWAL THEREOF SO AS TO PROVIDE THAT IF THE LICENSE OF ANY PERSON EXPIRES AND HE WAS UNABLE TO RENEW IT BECAUSE HE WAS ON ACTIVE MILITARY DUTY OUTSIDE THIS STATE FOR THIRTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION DATE, HE MAY WITHIN A PERIOD OF THIRTY DAYS AFTER RETURNING TO THIS STATE RENEW THE LICENSE IN THE MANNER PERMITTED BY THIS SECTION AS THOUGH THE LICENSE HAD NOT EXPIRED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2033 -- Reps. Hayes and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO CONTRACT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER JURISDICTIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2060 -- Reps. Aydlette and P. Bradley: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2155 -- Reps. McEachin, Gilbert and McKay: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A STATEMENT OF ACCOUNT MUST BE SERVED WITHIN NINETY DAYS ON AN OWNER IN ORDER TO PRESERVE A MECHANICS LIEN, SO AS TO CHANGE THIS REQUIRED TIME FROM NINETY DAYS TO SIX MONTHS, AND TO AMEND SECTION 29-5-120, RELATING TO THE REQUIREMENT THAT A MECHANICS LIEN IS DISSOLVED IF A SUIT THEREON TO ENFORCE THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS AFTER THE LABOR AND MATERIALS WERE FURNISHED, SO AS TO CHANGE THIS TIME FROM SIX MONTHS TO ONE YEAR.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2161 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR ABSENTEE BALLOTS, SO AS TO PROVIDE THAT APPLICATIONS BY ANYONE QUALIFIED TO VOTE BY ABSENTEE BALLOT WHO APPEARS IN PERSON MUST BE ACCEPTED UNTIL 5:00 P.M. ON THE DAY IMMEDIATELY PRECEDING THE ELECTION INSTEAD OF LIMITING THIS AUTHORIZATION TO PERSONS IN EMPLOYMENT AND ELECTORS WITH A DEATH OR FUNERAL IN THE FAMILY WITHIN A THREE-DAY PERIOD PRIOR TO THE ELECTION.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2162 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTIONS 7- 15-310 AND 7- 15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO AMEND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AUNTS, UNCLES, NIECES, AND NEPHEWS; AND TO PROVIDE THAT THE ENVELOPE IN WHICH A VOTER PLACES AN ABSENTEE BALLOT MUST BE MARKED "BALLOT HEREIN", TO PROVIDE THAT THE ENVELOPE MAY BE DELIVERED PERSONALLY, BY MAIL, OR BY AN AUTHORIZED PERSON, AND TO PROVIDE A PROCEDURE FOR DELIVERY BY AN AUTHORIZED PERSON.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, I submitted a favorable report, on:

H. 2210 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2234 -- Reps. McElveen, E.B. McLeod, Wilkins, Baxley, Blanding, G. Brown, J.W. Johnson and Huff: A BILL TO AMEND SECTION 20-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCE REQUIREMENTS IN ORDER TO INSTITUTE AN ACTION FOR DIVORCE SO AS TO PROVIDE THAT THE TERMS "RESIDENTS" OR "RESIDED" AS USED IN THIS SECTION AS IT APPLIES TO A PLAINTIFF OR DEFENDANT STATIONED IN THIS STATE ON ACTIVE DUTY MILITARY SERVICE MEANS A CONTINUOUS PRESENCE IN THIS STATE FOR THE PERIOD REQUIRED REGARDLESS OF INTENT TO PERMANENTLY REMAIN IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. RUDNICK, for the minority, submitted an unfavorable report on:

H. 2253 -- Reps. Hodges and Boan: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO PROVIDE THAT ANY PERSON CONDUCTING THE TEST IS NOT LIABLE FOR ANY CLAIM FOR CIVIL DAMAGES ARISING OUT OF PERSONAL INJURY BASED ON CONTRACT OR TORT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2255 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 5-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS WITHIN CITIES, SO AS TO REVISE THE PROCESS REQUIRED FOR CREATION OF A DISTRICT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2259 -- Reps. Wilkins, P. Bradley and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-555 SO AS TO MAKE A FELONY OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS A BOMB AND SECTION 16-11-556 SO AS TO MAKE A MISDEMEANOR OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS SO CONSTRUCTED AS TO REPRESENT, OR IS PRESENTED AS, A BOMB; TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 16-11-555.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2296 -- Reps. Rudnick, Washington, J. Brown and Jones: A BILL TO AMEND SECTION 20-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF LIQUOR BY MINORS AND A PERSON FALSELY REPRESENTING HIS AGE FOR THE PURPOSE OF PROCURING ALCOHOLIC LIQUOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2299 -- Reps. Rudnick and Jones: A BILL TO AMEND SECTION 20-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENUE FOR ACTIONS FOR DIVORCE AND FOR SEPARATE SUPPORT AND MAINTENANCE, SO AS TO PROVIDE THAT THESE ACTIONS MAY BE TRIED IN THE PLAINTIFF'S COUNTY OF RESIDENCE IF THE DEFENDANT ACCEPTS SERVICE OF PROCESS WHEN THE ACTION IS BROUGHT IN THE PLAINTIFF'S COUNTY OF RESIDENCE AND DOES NOT MOVE FOR A CHANGE OF VENUE AS PROVIDED BY LAW.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2302 -- Reps. Rudnick, T. Rogers, Taylor, J. Brown and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 31, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-410 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY SHALL HOLD A PUBLIC HEARING IN COLUMBIA PRIOR TO IMPOSING ANY RATE INCREASE AND TO PROVIDE THAT THE STATE CONSUMER ADVOCATE HAS A RIGHT TO APPEAR AT THE HEARING AND HAS THE RIGHT OF PRIOR ACCESS TO THE APPROPRIATE RECORDS OF THE AUTHORITY PERTAINING TO THE RATE INCREASE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, and Rep. HAYES, for the minority submitted an unfavorable report on:

H. 2308 -- Reps. Rudnick, White, Moss, Huff, Sharpe, Koon, Arthur and Nesbitt: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1990, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY PROVIDES IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 159 -- Senator Williams: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINa, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES IN CIRCUIT COURTS, SO AS TO CHANGE THE REFERENCE TO "RAPE" TO "CRIMINAL SEXUAL CONDUCT".

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 2071 -- Reps. Altman and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-860 SO AS TO PROHIBIT THE OPERATION OF AIRBOATS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

H. 2096 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-137 SO AS TO PROHIBIT THE WILFUL IMPEDING OR OBSTRUCTION OF LAWFUL HUNTING, TRAPPING, FISHING, OR HARVESTING OF MARINE SPECIES, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 369 -- Senator Powell: A CONCURRENT RESOLUTION CONGRATULATING THE WALTER A. MCPHAIL FAMILY OF WOODLAND WAY IN ABBEVILLE COUNTY FOR BEING CHOSEN SOUTH CAROLINA FAMILY OF THE YEAR FOR REGION II.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 370 -- Senators Horace C. Smith, Bryan, Courson, Doar, Fielding, Garrison, Hayes, Hinson, Land, Lee, Lourie, Macaulay, Martin, McConnell, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ENACT LEGISLATION TO EQUALIZE OLD AGE BENEFITS UNDER THE SOCIAL SECURITY PROGRAM FOR PERSONS WHO HAVE SIMILAR WAGE HISTORIES, REGARDLESS OF THE DATE UPON WHICH THEY BECOME AGE SIXTY-TWO.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 371 -- Senator Powell: A CONCURRENT RESOLUTION CONGRATULaTING CHRIS CHRISLEY OF CALHOUN FALLS IN ABBEVILLE COUNTY FOR RECEIVING THE DEFENSIVE LINE AWARD FOR HIS OUTSTANDING CONTRIBUTIONS TO THE NEWBERRY COLLEGE FOOTBALL TEAM DURING THE 1986 SEASON.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 372 -- Senator Powell: A CONCURRENT RESOLUTION TO RECOGNIZE THE REMARKABLE RECORD OF MRS. MARTHA PATTERSON OF CALHOUN FALLS IN ABBEVILLE COUNTY WHO HAS NOT MISSED A SINGLE DAY OF TEACHING DURING HER DEVOTED AND SKILLFUL TWENTY-SEVEN YEAR CAREER IN EDUCATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 390 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE ORANGEBURG SCHOOL DISTRICT FIVE ON BEING SELECTED BY THE NATIONAL GOVERNORS' ASSOCIATION AND THE UNITED STATES DEPARTMENT OF EDUCATION TO MODEL THEIR EDUCATIONAL REFORM PRINCIPLES IN THE PROJECT, TIME FOR RESULTS: THE 1991 PROJECT, AND TO COMMEND THE STUDENTS, PARENTS, TEACHERS, AND ADMINISTRATION FOR THEIR DEDICATION AND COMMITMENT TO ELEVATING THE ACADEMIC STANDARDS OF THE DISTRICT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 2459 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NO STATE AGENCY OR DEPARTMENT SHOULD CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW.

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 2444 -- Rep. McLellan: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE, AND RELATED MATTERS, UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE THAT, FOLLOWING THE RECEIPT OF A QUALIFYING DEGREE, APPLICANTS FOR THE LICENSE OF "LICENSED MARITAL AND FAMILY THERAPIST" SHALL, IN ADDITION TO OTHER QUALIFICATIONS, HAVE HAD TWO YEARS OF FULL-TIME WORK EXPERIENCE WHICH INCLUDES TWO HUNDRED HOURS OF SUPERVISION OF WHICH ONE HUNDRED HOURS MUST HAVE BEEN INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY; AND TO AMEND SECTION 40-75-110, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE SAME ACT, SO AS TO PROVIDE THAT THE ADMINISTERING BOARD SHALL ISSUE A LICENSE TO ANY QUALIFIED APPLICANT WHO, AMONG OTHER THINGS, PASSES A BOARD-APPROVED, RATHER THAN A BOARD-CONDUCTED, EXAMINATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 2445 -- Reps. Baker, Clyborne, McCain, Davenport, Haskins, Blackwell and Fair: A BILL TO AMEND SECTIONS 58-3- 10, 58-3-20, 58-3-23, AND 58-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO REDUCE THE COMMISSION FROM SEVEN TO SIX MEMBERS, TO PROVIDE FOR THE POPULAR ELECTION OF THREE MEMBERS FROM PUBLIC SERVICE COMMISSION DISTRICTS EACH COMPOSED OF TWO CONGRESSIONAL DISTRICTS WHO SHALL SERVE FOR TERMS OF EIGHT YEARS AND THREE MEMBERS ELECTED BY THE GENERAL ASSEMBLY FROM CANDIDATES NOMINATED BY THE MERIT SELECTION PANEL WHO SHALL SERVE FOR TERMS OF FOUR YEARS, AND TO TERMINATE THE TERMS OF COMMISSIONERS SERVING ON JANUARY 1, 1989, SO THAT THEY MAY BE SUCCEEDED BY MEMBERS ELECTED PURSUANT TO THIS ACT.

Referred to Committee on Judiciary.

H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.

Referred to Committee on Judiciary.

H. 2447 -- Reps. Aydlette, J. Bradley, Holt and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO PROHIBIT A COUNTY FROM FINANCING SERVICES BY A COUNTYWIDE TAX AFTER 1987 IF THE SERVICE IS PROVIDED BY MUNICIPALITIES AND SPECIAL PURPOSE DISTRICTS WITHIN THE COUNTY.

Referred to Committee on Judiciary.

H. 2448 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLISHING BY BANKING INSTITUTIONS CALLED FOR BY THE STATE BOARD OF BANK CONTROL, SO AS TO REQUIRE THE STATEMENT TO BE PUBLISHED WHERE THE BANKING INSTITUTION WAS ESTABLISHED INSTEAD OF WHERE LOCATED.

Referred to Committee on Labor, Commerce and Industry.

H. 2449 -- Rep. T.M. Burriss: A BILL TO AMEND CHAPTER 29 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUSTEES, BY ADDING SECTION 21-29-90 SO AS TO DEFINE AN "AFFILIATED TRUST COMPANY", AUTHORIZE ANY BANK TO DESIGNATE AN AFFILIATED TRUST COMPANY AS ITS AGENT FOR THE PERFORMANCE OF ALL ACTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BANK WITH RESPECT TO ANY FIDUCIARY OR OTHER CAPACITY, AND PROVIDE THAT THE BANK IS FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIONS OF THE TRUST COMPANY AND TO PROHIBIT CERTAIN ACTS IN THE AGENCY RELATIONSHIP.

Referred to Committee on Labor, Commerce and Industry.

H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 2451 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF BANKS AND TRUST COMPANIES TO CONSOLIDATE OR MERGE AND PROVIDE FOR THE SALE OF THE ASSETS TO ANOTHER BANK OR TRUST COMPANY, SO AS TO PROVIDE FOR TRANSFERS WITHOUT CONSIDERATION OF TRUST COMPANY ASSETS AND BUSINESS TO AND FROM A RELATED BANK.

Referred to Committee on Labor, Commerce and Industry.

H. 2452 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO WARNING TICKETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 727, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 2453 -- Reps. Ogburn, Sheheen and Aydlette: A BILL TO AMEND SECTION 57-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE DISPLAY OF POSTERS VISIBLE FROM MAIN-TRAVELED HIGHWAYS, SO AS TO PROHIBIT THE DISPLAY, PLACEMENT, OR CONSTRUCTION OF BILLBOARDS BY PRIVATE ENTITIES AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REPORT TO THE GENERAL ASSEMBLY ON A PLAN TO REMOVE EXISTING BILLBOARDS OVER A FIVE-YEAR PERIOD; AND TO REPEAL ARTICLES 3, 5, AND 7 OF CHAPTER 25 OF TITLE 57 RELATING TO OUTDOOR ADVERTISING.

Referred to Committee on Labor, Commerce and Industry.

H. 2454 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 1, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-1-130 SO AS TO PROVIDE THAT IF ANY INSURANCE COMPANY DOING BUSINESS IN THIS STATE CHALLENGES IN A COURT OF COMPETENT JURISDICTION A MORATORIUM ON ADDITIONAL RATE INCREASES IMPOSED BY THE CHIEF INSURANCE COMMISSIONER OR THE DEPARTMENT OF INSURANCE PURSUANT TO LAW, THE AUTHORITY OF THAT COMPANY TO DO BUSINESS IN SOUTH CAROLINA IS REVOKED FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE FILING OF THE CHALLENGE.

Referred to Committee on Labor, Commerce and Industry.

H. 2455 -- Reps. O. Phillips and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4240, SO AS TO REQUIRE A PERSON TO NOTIFY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BEFORE CUTTING AND TRANSPORTING PULPWOOD ON THE HIGHWAYS.

Referred to Committee on Agriculture and Natural Resources.

H. 2456 -- Rep. Townsend: A BILL TO AMEND SECTION 36-9-403, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF FINANCING STATEMENTS UNDER THE UNIFORM COMMERCIAL CODE AND THE DURATION OF THESE STATEMENTS, SO AS TO PROVIDE THAT THE UNITED STATES OF AMERICA ACTING THROUGH THE FARMERS HOME ADMINISTRATION IS NOT REQUIRED TO FILE CONTINUATION STATEMENTS IN ORDER TO PREVENT THE FINANCING STATEMENT FROM LAPSING.

Referred to Committee on Labor, Commerce and Industry.

H. 2457 -- Reps. Altman and Thrailkill: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GILL NETS USED FOR SHAD FISHING, SO AS TO REDUCE THE PERMISSIBLE MINIMUM STRETCH MESH SIZE OF A GILL NET FROM FOUR AND ONE-HALF INCHES TO THREE AND ONE-HALF INCHES.

Referred to Committee on Agriculture and Natural Resources.

H. 2458 -- Reps. M.D. Burriss and J. Brown: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICY OF THE STATE REGARDING TRANSPORTATION OF CHILDREN TO AND FROM SCHOOL, SO AS TO DECREASE FROM ONE AND ONE-HALF TO ONE-HALF MILE THE DISTANCE FROM A SCHOOL THE STATE ASSUMES AN OBLIGATION TO TRANSPORT A CHILD.

Referred to Committee on Education and Public Works.

H. 2460 -- Reps. R. Brown and Lockemy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT RAILROAD CAMP CARS ARE INCLUDED IN THE EATING AND DRINKING ESTABLISHMENTS WHICH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY REGULATE AND TO PROVIDE THAT THE DEPARTMENT'S REGULATION R61-25 INCLUDES RAILROAD CAMP CARS AS A FOOD SERVICE ESTABLISHMENT REGULATED BY THE DEPARTMENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 2461 -- Rep. Winstead: A BILL TO AMEND SECTION 11-35-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINa, 1976, RELATING TO THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SO AS TO PROVIDE THAT CONTRACTS AMOUNTING TO TEN THOUSAND DOLLARS RATHER THAN TWO THOUSAND FIVE HUNDRED DOLLARS MUST BE AWARDED BY COMPETITIVE SEALED BIDDING.

Referred to Committee on Judiciary.

S. 81 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-21-40 SO AS TO PROVIDE THAT ANY SCALES, BEAKERS, BURNERS, OR ANY OTHER DEVICES OR MATERIALS LAWFULLY CONFISCATED MAY BE DONATED BY THE LAW ENFORCEMENT AGENCY SEIZING THEM OR BY COURT ORDER TO A PUBLIC SCHOOL DISTRICT OF THE COUNTY WHERE SEIZED WHEN NO LONGER NEEDED AS EVIDENCE.

Referred to Committee on Judiciary.

S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINa, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.

Referred to Committee on Judiciary.

S. 131 -- Senators Pope, Lourie and Giese: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 180 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.

Referred to Committee on Judiciary.

S. 260 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.

Referred to Committee on Judiciary.

ROLL CALL

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.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Evatt                  Faber                  Fair
Felder                 Foster                 Foxworth
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hawkins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lewis                  Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Russell
Sharpe                 Sheheen                Shelton
Simpson                Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 11, 1987.

Paul Short                        John H. Burriss
Bill Cork                         John J. Snow, Jr.
B.J. Cordon
Total Present--121

STATEMENT OF ATTENDANCE

Rep. J.H. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 4, 1987.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BENNETT a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Randy Moss of Gaffney is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 351 -- Senator Holland: A BILL TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE TERMS OF THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION TO FOUR YEARS BEGINNING AS PROVIDED IN SECTION 59-19-315, AND TO STAGGER THE TERMS OF THE MEMBERS ELECTED IN THE ELECTION IN 1988.

H. 2325 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO NOTIFICATION OF CANCELLATION OF INSURANCE POLICY; PROOF OF FINANCIAL RESPONSIBILITY FORMS; REPEAL 63-454 (FORMS), DESIGNATED AS REGULATION DOCUMENT NUMBER 754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2425 -- Rep. Sheheen: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY, SO AS TO CHANGE THE REFERENCE TO DEGREES IN ALLIED HEALTH SCIENCES AND RELATED HEALTH FIELDS TO DEGREES IN HEALTH RELATED PROFESSIONS AND GRADUATE STUDIES IN RELATED HEALTH FIELDS.

H. 2443 -- Rep. Toal: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPPORTUNITIES INDUSTRIALIZATION CENTER OF SOUTH CAROLINA, INC.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 2016 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A PLAN FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONALS LICENSED AND REGULATED BY THE STATE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL MEANS OR ON A REASONABLE BASIS TO PROFESSIONALS LICENSED AND REGULATED BY THE STATE.

Rep. J. BRADLEY explained the Bill.

H. 2254 -- Reps. Boan, J.W. Johnson and Hodges: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

H. 2405 -- Reps. Cooper, Townsend, Kay, Nesbitt, Chamblee, Rhoad, Simpson, Hendricks, L. Martin, T.C. Alexander, McLellan and Snow: A JOINT RESOLUTION TO NAME THE MULTIPURPOSE LIVESTOCK ARENA AT CLEMSON UNIVERSITY THE "T. EDMOND GARRISON ARENA" UPON ITS COMPLETION AND DEDICATION.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.

S. 76 -- Senator Williams: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION; AND TO REPEAL CHAPTER 27 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.

H. 2083--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 2083 -- Reps. Rice, Mattos, Fair and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY TO CHANGE THE SIZE OR MANNER IN WHICH MEMBERS OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT ARE SELECTED IF REQUESTED BY RESOLUTION OF THE DISTRICT.

Rep. AYDLETTE objected to the Bill.

Rep. TOAL explained the Bill.

Rep. TOAL moved to adjourn debate upon the Bill until Wednesday, February 18, which was adopted.

H. 2453--CO-SPONSOR ADDED

Rep. AYDLETTE asked unanimous consent to add his name as a co-sponsor to H. 2453, which was agreed to.

H. 2412--CO-SPONSOR ADDED

Rep. HEARN asked unanimous consent to add her name as a co-sponsor to H. 2412, which was agreed to.

H. 2072--CO-SPONSOR ADDED

Rep. WALDROP asked unanimous consent to add his name as a co-sponsor to H. 2072, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. WINSTEAD.

H. 2091--TABLED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. RUSSELL having the floor.

H. 2091 -- Rep. Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT REDUCTION IN ANY POINTS ASSESSED FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS IF THE OFFENDER IS WEARING A SEAT BELT AT THE TIME OF THE VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-7-65 SO AS TO PROVIDE SPACE ON THE UNIFORM TRAFFIC TICKET TO NOTE IF THE OFFENDER WAS WEARING HIS SEAT BELT.

Rep. RUSSELL continued speaking.

Reps. CORNING and J. BRADLEY spoke against the Bill.

Rep. GENTRY moved to table the Bill.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Beasley                Blackwell              Blanding
Boan                   Bradley, J.            Brown, J.
Carnell                Chamblee               Cork
Corning                Dangerfield            Derrick
Elliott                Evatt                  Faber
Felder                 Gentry                 Gilbert
Gordon                 Harris, P.             Hayes
Hendricks              Hodges                 Holt
Huff                   Jones                  Kay
Keyserling             Kirsh                  Klapman
Koon                   Mappus                 Martin, D.
McAbee                 McBride                McElveen
McLeod, E.B.           Moss                   Neilson
Nesbitt                Pearce                 Phillips, L.
Rhoad                  Rice                   Rogers, T.
Sharpe                 Short                  Simpson
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Washington             Whipper                Winstead

Total--63

Those who voted in the negative are:

Arthur                 Baker                  Barfield
Baxley                 Bradley, P.            Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cooper                 Davenport              Day
Edwards                Fair                   Foxworth
Gregory                Harris, J.             Harvin
Haskins                Hawkins                Hearn
Helmly                 Johnson, J.C.          Johnson, J.W.
Lewis                  Limehouse              Lockemy
Martin, L.             McCain                 McEachin
McGinnis               McKay                  McTeer
Nettles                Petty                  Phillips, O.
Rudnick                Russell                Sheheen
Shelton                Snow                   Stoddard
Toal                   Wells                  White
Wilder                 Wilkins                Williams

Total--51

So, the Bill was tabled.

Rep. TAYLOR moved to reconsider the vote whereby y the Bill was tabled.

Rep. J. BRADLEY moved to table the motion.

Rep. TOAL moved that the House do now adjourn.

Rep. M.O. ALEXANDER demanded the yeas and nays,, which were taken resulting as follows:

Yeas 16; Nays 91

Those who voted in the affirmative are:

Bradley, P.            Burriss, M.D.          Burriss, T.M.
Edwards                Foxworth               Haskins
Hawkins                Hearn                  Keyserling
Martin, L.             McTeer                 Rhoad
Russell                Toal                   Wilder
Wilkins

Total--16

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Chamblee
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Derrick                Elliott                Evatt
Faber                  Felder                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Harvin                 Hayes
Hendricks              Hodges                 Holt
Huff                   Johnson, J.W.          Jones
Kay                    Kirsh                  Klapman
Koon                   Limehouse              Lockemy
Mappus                 Martin, O.             Mattos
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           Moss                   Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rice                   Rogers, J.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Williams
Winstead

Total--91

So, the House refused to adjourn.

The question then recurred to the motion to table the motion to reconsider, which was agreed to.

Rep. BLACKWELL moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2441 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO COMMEND THE CITIZENS OF BISHOPVILLE, LEE COUNTY, IN HONORING THE COUNTY'S FIRST BRIGADIER GENERAL BY PROCLAIMING FEBRUARY 14, 1987, AS "THOMAS H. ALEXANDER DAY".

ADJOURNMENT

At 2:50 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:39 P.M.