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

TUESDAY, MARCH 3, 1987

Tuesday, March 3, 1987
(Statewide Session)

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 of all wisdom and always at hand to help in our every need, enable us to make the most of our every day living. Lead us:

to give up complaining and to focus on gratitude;

to give up pessimism and to become an optimist;

to give up harsh judgments and to think charitable thoughts;

to give up worry and to trust our God;

to give up discouragement and be filled with hope;

to give up bitterness and to turn to forgiveness;

to give up pettiness and become more mature;

to give up gloom and enjoy the beauty all around;

to give up sole reliance upon ourselves and depend more on the wise guidance of our God.

Make clear our vision, O Lord, to see You as our everpresent Support in every circumstance and condition of life. 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 Friday, the SPEAKER ordered it confirmed.

RULES AND REGULATIONS WITHDRAWN

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 26, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 725)

Dear Mrs. Shealy:

The South Carolina Wildlife and Marine Resources Department is hereby withdrawing regulations relating to state owned lakes owned and managed by its department, effective this date. These regulations have been referred to the Agriculture and Natural Resources Committee.

Sincerely,
Robert J. Sheheen

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 27, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 734)

Dear Mrs. Shealy:

The State Board of Registration for Foresters is hereby simultaneously withdrawing and resubmitting regulations pertaining to the General Conduct of Board Operations, effective this day. These regulations have been submitted to the Agriculture and Natural Resources Committee.

Sincerely,
Robert J. Sheheen

Received as information.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 215 -- Senators Lee and Peeler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE SALARY ENTRY LEVEL FOR LAW ENFORCEMENT OFFICERS EMPLOYED BY THE STATE AND ITS POLITICAL SUBDIVISIONS WITH A VIEW TO INCREASING BEGINNING SALARIES IN ORDER TO RECRUIT COMPETENT AND DEDICATED OFFICERS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 450 -- Senator Pope: A CONCURRENT RESOLUTION TO CONGRATULATE MR. J. THOMAS JOHNSON, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF NEWBERRY FEDERAL SAVINGS AND LOAN ASSOCIATION, UPON RECEIVING THE PRESTIGIOUS NEWBERRY COLLEGE ALGERNON SYDNEY SULLIVAN AWARD.

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. 451 -- Senator Mitchell: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH, 1987, AS NAACP MONTH IN SOUTH CAROLINA AND TO WELCOME THE THIRTY-FIFTH ANNUAL REGIONAL LEADERSHIP CONVENTION TO THE CITY OF GREENVILLE ON MARCH 5, 6, AND 7, 1987.

Whereas, The United States of America was founded on the principles of equality and justice for all people; and

Whereas, the National Association for the Advancement of Colored People is our country's largest and oldest civil rights organization dedicated to the realization of that principle; and

Whereas, for seventy-seven years the NAACP has sustained its commitment to end racial discrimination in every aspect of American life; and

Whereas, more than any other nongovernmental agency, the NAACP has been responsible for the progress made by black Americans and other minority groups in the century; and

Whereas, the NAACP works unremittingly to the achievement of those conditions of life, citizenship, and human well-being guaranteed in the Constitution by our founding fathers; and

Whereas, although great strides forward have been made during the past seventy-seven years, for too many Americans, the goal of ending racial discrimination has yet to be achieved; and

Whereas, the NAACP membership of four hundred thousand is organized in each of the fifty states and comprises all economic levels and racial groups including our State of South Carolina; and

Whereas, the Thirty-Fifth Annual Regional Leadership Convention of the NAACP will be held in the city of Greenville on March 5, 6, and 7, 1987, with over one thousand persons from the seven southeastern states participating. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the month of March, 1987, is declared to be NAACP Month in South Carolina and all citizens are urged to join in this worthy observance; and

Be it further resolved that the Thirty-Fifth Annual Regional Leadership Convention of the NAACP is welcomed to the city of Greenville on March 5, 6, and 7, 1987.

Be it further resolved that a copy of this resolution be forwarded to presiding officer of the convention.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2571 -- Reps. J. Brown, Faber and McBride: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND DOCTOR WESTBERRY HOMER NEAL OF RICHLAND COUNTY ON BEING HONORED AT THE THIRD ANNUAL BLACK ACHIEVEMENT AWARDS PROGRAM OF THE PALMETTO POST ON FEBRUARY 20, 1987, AND ON FEBRUARY 27, 1987, ON HIS BEING HONORED BY THE BAPTIST EDUCATION MISSIONARY CONVENTION OF SOUTH CAROLINA FOR HIS DISTINGUISHED SERVICE TO MORRIS COLLEGE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 468 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE AMY BUSTLE, AL MURRAY, STEPHANIE METTS, KEN BERRY, AND JENNIFER GRAHAM, LEXINGTON HIGH SCHOOL SCIENCE STUDENTS, WHO CAPTURED THE FIVE TOP HONORS FOR THEIR RESEARCH PAPERS AT THE STATE SCIENCE SYMPOSIUM AND TO COMMEND LINDA SINCLAIR, HEAD OF THE SCIENCE DEPARTMENT, WHO SO ABLY ADVISED AND ASSISTED THESE EXCEPTIONAL STUDENTS WITH THEIR PROJECTS.

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

INTRODUCTION OF BILLS

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

H. 2572 -- Reps. J.C. Johnson and Snow: A BILL TO REPEAL SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SERVICE OF CRIMINAL PROCESS ON SUNDAY.

Referred to Committee on Judiciary.

H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.

Referred to Committee on Ways and Means.

H. 2574 -- Rep. Davenport: A BILL TO AMEND SECTIONS 7-13-330, 7-13-1340, AND 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW STRAIGHT PARTY TICKET VOTING FROM GENERAL ELECTION BALLOTS, STRAIGHT PARTY TICKET VOTING ON ANY TYPE OF VOTE RECORDER, AND VOTING FOR ALL OF THE CANDIDATES OF ONE PARTY BY USE OF A VOTING MACHINE.

Referred to Committee on Judiciary.

H. 2575 -- Reps. Blackwell, P. Harris, Waldrop and M.O. Alexander: A JOINT RESOLUTION TO PROVIDE AN INCREASE IN THE BASE RETIREMENT BENEFIT FOR RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRED PRIOR TO JULY 1, 1972, AND TO PROVIDE THE FORMULA FOR THE INCREASE.

Referred to Committee on Ways and Means.

H. 2576 -- Reps. L. Phillips, Altman, Nesbitt, Day, Thrailkill, O. Phillips, McCain, Stoddard, Simpson, Williams, McGinnis, Fair, Beasley, Townsend, Kay and J.C. Johnson: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO PROVIDE THAT A STUDENT MAY MEET THIS REQUIREMENT BY PASSING A TOTAL OF FIVE ACADEMIC COURSES AND MAINTAINING A PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.

Referred to Committee on Education and Public Works.

H. 2577 -- Rep. G. Brown: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, SO AS TO REVISE THE PROVISIONS GOVERNING THE PRACTICE OF BARBERING BY PROVIDING FOR DEFINITIONS, THE OPERATION OF SCHOOLS AND SHOPS, THE BOARD OF BARBER EXAMINERS, THE ADVISORY COMMITTEE TO THE BOARD, THE DUTIES OF THE BOARD AND COMMITTEE, REQUIREMENTS OF LICENSING, PROMULGATION OF REGULATIONS, RESTRICTION OF A LICENSE OR DISCIPLINE OF A LICENSEE, EXEMPTIONS, AND PENALTIES FOR VIOLATIONS; TO EXEMPT BARBER SHOPS IN PRIVATE RESIDENCES LICENSED BEFORE JANUARY 2, 1986, FROM PROVISIONS RELATIVE TO SEPARATE TOILET FACILITIES AND ENTRANCES; AND TO PROVIDE FOR THE BEGINNING OF THE TERMS OF THE ADVISORY COMMITTEE AND MEMBERS OF THE STATE BOARD OF BARBER EXAMINERS.

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

H. 2578 -- Rep. Corning: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTATION OF PUPILS, SCHOOL BUSES, AND THE EXTENT OF TRANSPORTATION TO BE PROVIDED, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION'S DECISION, WITH RESPECT TO THE APPLICATION OF A SCHOOL DISTRICT TO ASSUME TRANSPORTATION, MUST BE BASED ON THE AGE OF THE SCHOOL CHILDREN, AMONG OTHER CRITERIA; AND TO AMEND SECTION 59-67-490, RELATING TO TRANSPORTATION OF PUPILS, SCHOOL BUSES, THE REQUIREMENT THAT PROPOSED ROUTES BE SUBMITTED TO THE STATE BOARD OF EDUCATION ANNUALLY, AND THE PROVISIONS FOR APPROVAL OF ROUTES, SO AS TO REQUIRE THAT PRIORITY BE GIVEN TO THE HEALTH AND SAFETY NEEDS OF THE YOUNGEST CHILDREN, SUCH AS THOSE ATTENDING PUBLIC SCHOOL KINDERGARTEN OR CHILD DEVELOPMENT PROGRAMS, IN ESTABLISHING PROPOSED ROUTE DESCRIPTIONS.

Referred to Committee on Education and Public Works.

H. 2579 -- Reps. Corning, Hearn, McCain, Evatt, Toal and T. Rogers: A BILL TO AMEND SECTIONS 16-25-30 AND 16-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE CRIME OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO REVISE THE PENALTIES; SECTION 16-25-60, RELATING TO SUSPENSION OF THE SENTENCE FOR A THIRD CONVICTION OF THE CRIME, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO ANY CONVICTION FOR THE CRIME; AND SECTION 20-4-100, RELATING TO THE RESPONSIBILITIES OF A LAW ENFORCEMENT OFFICER IN A DOMESTIC ABUSE INCIDENT, SO AS TO PROVIDE FOR THE ARREST OF THE PRIMARY PHYSICAL AGGRESSOR.

Referred to Committee on Judiciary.

H. 2580 -- Reps. Corning, E.B. McLeod, McCain and Mappus: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING CHILDREN INTO CUSTODY, SO AS TO PROVIDE FOR NOTICE TO PARENTS OR OTHERS IF A CHILD IS FOUND VIOLATING ANY LAW OR ORDINANCE EVEN IF HE IS NOT TAKEN INTO CUSTODY; AND SECTION 56-5-6140, RELATING TO AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAIL MOVING TRAFFIC CHARGES AGAINST AN UNEMANCIPATED MINOR TO PARENTS OR OTHERS, SO AS TO REQUIRE THE NOTICE AND TO INCLUDE THE CUSTODIAN OF THE MINOR.

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

H. 2581 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING AND UTTERING BAD CHECKS, SO AS TO DECREASE FROM FIFTEEN TO TEN DAYS THE WAITING PERIOD BETWEEN THE NOTICE OF THE BAD CHECK AND THE START OF THE COLLECTION PROCEDURE.

Referred to Committee on Judiciary.

H. 2582 -- Rep. Kirsh: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROHIBIT REPRESENTATION OF CLIENTS FOR COMPENSATION BY PUBLIC OFFICIALS OR EMPLOYEES BEFORE ENTITIES WHOSE MEMBERS OR OFFICERS ARE ELECTED OR APPOINTED BY THE ENTITY WITH WHICH THE OFFICIAL OR EMPLOYEE IS ASSOCIATED, EXEMPT COURT APPEARANCES, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY MAY APPEAR BEFORE CERTAIN COMMISSIONS IN RATE OR PRICE FIXING MATTERS OR IN MATTERS TO DETERMINE THE AWARD OF WORKERS' COMPENSATION OR RELATED BENEFITS.

Referred to Committee on Judiciary.

H. 2583 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING AND UTTERING BAD CHECKS, SO AS TO INCREASE FROM TEN TO FIFTEEN DOLLARS THE SERVICE CHARGE REQUIRED WHEN A BAD CHECK IS RETURNED.

Referred to Committee on Judiciary.

H. 2584 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING AND UTTERING BAD CHECKS, SO AS TO DECREASE FROM FIFTEEN TO TEN DAYS THE WAITING PERIOD BETWEEN THE NOTICE OF THE BAD CHECK AND THE START OF THE COLLECTION PROCEDURE AND PROVIDE THAT THE TEN-DAY WAITING PERIOD DOES NOT APPLY IF THE DRAWEE REPORTS TO THE PAYEE THAT THE MAKER OR DRAWER HAD NO ACCOUNT OR THE ACCOUNT HAD BEEN CLOSED.

Referred to Committee on Judiciary.

H. 2585 -- Rep. Kirsh: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.

Referred to Committee on Judiciary.

H. 2586 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.

Referred to Committee on Judiciary.

H. 2587 -- Reps. White, McBride, J. Brown and Faber: A BILL TO AMEND ARTICLE 7 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PROVISIONS APPLICABLE TO ALL ELECTIONS, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE A PROCEDURE WHEREBY A VOTER WITH AN EMERGENCY SITUATION CAUSING HIM TO BE AWAY FROM HIS COUNTY OF RESIDENCE DURING ANY PORTION OF THE DAY OF AN ELECTION MAY VOTE ON THE DAY IMMEDIATELY PRECEDING THE ELECTION, DEFINE "EMERGENCY SITUATION", AUTHORIZE THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE ELECTION TO SECURE A SIGNED STATEMENT FROM THE VOTER DETAILING THE NATURE OF THE EMERGENCY SITUATION, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.

Referred to Committee on Judiciary.

H. 2588 -- 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 38-9-385 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1988, ALL INSURANCE ADJUSTERS MUST BE LICENSED BY THE DEPARTMENT OF INSURANCE, TO PROVIDE THE QUALIFICATIONS FOR LICENSURE INCLUDING PASSAGE OF AN EXAMINATION AND THE REQUIRED FEES THEREFOR, TO PROVIDE THAT THE EXAMINATIONS DEVELOPED BY THE DEPARTMENT OF INSURANCE FOR THIS PURPOSE MUST BE SUBMITTED TO THE APPROPRIATE STANDING COMMITTEES OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR COMMENT AND REVIEW PRIOR TO USE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 2589 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND CHAPTER 25 OF TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS SO AS TO PROVIDE COMPREHENSIVE LEGISLATION TO REGULATE HEALTH MAINTENANCE ORGANIZATIONS IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.

Referred to Committee on Judiciary.

H. 2592 -- Reps. Davenport, P. Bradley, J. Bradley and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO REQUIRE THE NAME OF THE PERSON WHO WRITES AN EDITORIAL IN A NEWSPAPER TO BE PRINTED WITH THE EDITORIAL AND TO PROVIDE A PENALTY FOR VIOLATION.

Rep. KLAPMAN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. L. MARTIN objected.

Referred to Committee on Judiciary.

H. 2592--CO-SPONSORS ADDED

Reps. J. BRADLEY and KLAPMAN asked unanimous consent to have their names added as co-sponsors to H. 2592, which was agreed to.

H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.

Referred to Committee on Labor, Commerce and Industry.

S. 61 -- Senator Hayes: A BILL TO ENACT THE UNIFORM TRADE SECRETS ACT OF 1987.

Referred to Committee on Labor, Commerce and Industry.

S. 177 -- Senator Fielding: A BILL TO AMEND SECTION 44-73-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR BURIAL VAULTS, SO AS TO EXEMPT FROM THE DEPTH REQUIREMENTS VAULTS IN CEMETERIES IN AREAS WITH A WATER TABLE AT LEAST TWO FEET BELOW GROUND LEVEL AND NOT SUBJECT TO SURFACE WATER OR TIDAL FLOODING.

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

S. 432 -- Education Committee: A BILL TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS TO SCHOOL DISTRICTS AND ON THEIR RESPONSES TO THE RECOMMENDATIONS.

Referred to Committee on Education and Public Works.

S. 439 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.

Without reference.

S. 441 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO THE RESTRICTION OF WATERCRAFT, BATTERY CREEK, BEAUFORT COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Beaufort Delegation.

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                 Bennett                Blackwell
Boan                   Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Elliott                Evatt                  Faber
Fair                   Felder                 Ferguson
Foster                 Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Koon
Limehouse              Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, T.             Sharpe
Sheheen                Simpson                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 Tuesday, March 3, 1987.

E. LeRoy Nettles, Jr.             Larry Blanding
Irene Rudnick                     James Lockemy
Eugene Foxworth                   Gene Stoddard
Paul Derrick                      John J. Snow
Paul Short                        Lenoir Sturkie
Woody McKay                       John I. Rogers
Robert A. Kohn
Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. SHELTON a leave of absence for the week due to illness in the family.

The SPEAKER granted Rep. EDWARDS a leave of absence for the day.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 3, 1987.
LARRY E. GENTRY

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., March 3, 1987

Mr. Speaker and Members of the House:

The Senate respectfully requests the return of H. 2119:
H. 2119 -- Aiken Delegation: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1988.
Very respectfully,
President

H. 2119--RETURNED TO SENATE

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered returned to the Senate.

H. 2119 -- Aiken Delegation: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1988.

ORDERED TO THIRD READING

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

S. 271 -- Senator Waddell: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO PROVIDE A JURY AREA FOR THE DAUFUSKIE ISLAND MAGISTERIAL DISTRICT AND TO REVISE THE JURY AREA OF THE BLUFFTON MAGISTERIAL DISTRICT.

H. 2327 -- Rep. Ferguson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-375 SO AS TO REQUIRE INSURANCE COMPANIES SELLING POLICIES OF INDUSTRIAL LIFE INSURANCE TO NOTIFY POLICYHOLDERS BY CERTIFIED MAIL WHEN TOTAL PREMIUMS PAID EQUAL THE FACE VALUE OF THE POLICY.

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.

Rep. T.M. BURRISS explained the Bill.

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.

Rep. T.M. BURRISS explained the Bill.

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.

Rep. T.M. BURRISS explained the Bill.

S. 402 -- Banking and Insurance Committee: A BILL TO PROVIDE A MEANS FOR THE CONTINUATION OF A CERTIFICATE OF AUTHORITY AND OTHER APPROVALS PERTAINING TO ANY FOREIGN INSURER WHICH TRANSFERS ITS CORPORATE DOMICILE TO THIS OR ANY OTHER STATE BY MERGER OR CONSOLIDATION OR ANY OTHER LAWFUL METHOD; AND TO AMEND SECTION 38-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE ISSUANCE OF A CERTIFICATE OF AUTHORITY TO A DOMESTIC INSURER, SO AS TO REQUIRE DOMESTIC INSURERS TO MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS AND EXECUTIVE, ADMINISTRATIVE, AND HOME OFFICES IN SOUTH CAROLINA.

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. 250 -- Senator Lindsay: A BILL 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 DELETE RESTRICTIONS ON WHOM A MEMBER OF THE GENERAL ASSEMBLY, WHO IS AN EX OFFICIO MEMBER OF THE AUTHORITY, MAY DESIGNATE AS A MEMBER IN HIS STEAD.

SENT TO THE SENATE

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

H. 2566 -- Reps. J.C. Johnson and Carnell: A BILL TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT NO. 50, SCHOOL DISTRICT NO. 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT NO. 52 IN GREENWOOD COUNTY.

H. 2102--DEBATE ADJOURNED

Rep. P. HARRIS moved to adjourn debate upon the following Bill until Thursday, March 5, which was adopted.

H. 2102 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-415 SO AS TO REQUIRE THAT THE RESULTS OF A COMPLETE PHYSICAL EXAMINATION OF A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY THE PETITION FOR EMERGENCY ADMISSION TO A MENTAL HEALTH FACILITY.

H. 2187--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Tuesday, March 10, which was adopted.

H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.

H. 2089--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.

H. 2089 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.

H. 2027--DEBATE ADJOURNED

Rep. HELMLY moved to adjourn debate upon the following Bill until Tuesday, March 10, which was adopted.

H. 2027 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.

H. 2535--OBJECTIONS

The following Bill was taken up.

H. 2535 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NOTICE OF ACCIDENT MUST BE GIVEN TO THE EMPLOYER IN WORKERS' COMPENSATION MATTERS, SO AS TO PROVIDE THAT ANY WAIVER OF THE NOTICE REQUIREMENT BY THE WORKERS' COMPENSATION COMMISSION MUST BE DOCUMENTED IN THE CASE FILE, TO REQUIRE RECORDATION OF THE NECESSARY AND SALIENT FACTS JUSTIFYING THE WAIVER OF NOTICE, TO REQUIRE THE WAIVER OF NOTICE TO BE SIGNED BY THE COMMISSIONER APPROVING IT, AND TO REQUIRE THE COMMISSION TO ESTABLISH AND PUBLISH GUIDELINES TO BE FOLLOWED IN THE CONSIDERATION OF WHETHER OR NOT TO WAIVE THE NOTICE REQUIREMENT.

Reps. L. MARTIN and DANGERFIELD objected to the Bill.

Rep. GREGORY moved to adjourn debate upon the Bill until Wednesday, March 18.

Rep. L. MARTIN moved to table the motion which was not agreed to.

Rep. J. BRADLEY moved to table the Bill.

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

Yeas 26; Nays 73

Those who voted in the affirmative are:

Aydlette               Bailey, K.             Baxley
Blanding               Bradley, J.            Brown, J.
Chamblee               Faber                  Felder
Ferguson               Gilbert                Gordon
Harvin                 Hodges                 Huff
Jones                  Kay                    Limehouse
McBride                McElveen               Rudnick
Waldrop                Washington             Whipper
White                  Williams

Total--26

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, G.             Baker                  Barfield
Beasley                Bennett                Blackwell
Boan                   Brown, G.              Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Clyborne               Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Elliott                Evatt                  Fair
Foster                 Harris, J.             Harris, P.
Haskins                Hawkins                Hayes
Hendricks              Holt                   Johnson, J.C.
Johnson, J.W.          Keyserling             Kirsh
Klapman                Koon                   Lewis
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McCain
McEachin               McGinnis               McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Nesbitt                Nettles
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Sharpe                 Sheheen                Short
Simpson                Thrailkill             Toal
Townsend               Tucker                 Wells
Wilder

Total--73

So, the House refused to table the Bill.

The question then recurred to the motion to adjourn debate upon the Bill until Wednesday, March 18.

Rep. L. MARTIN moved to table the motion.

POINT OF ORDER

Rep. GREGORY 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. J. BRADLEY moved to continue the Bill.

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

Yeas 22; Nays 66

Those who voted in the affirmative are:

Bailey, K.             Baxley                 Blanding
Bradley, J.            Brown, J.              Chamblee
Faber                  Felder                 Ferguson
Gilbert                Gordon                 Harvin
Holt                   Huff                   McBride
McElveen               Rudnick                Waldrop
Washington             Wells                  Whipper
Williams

Total--22

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, G.             Baker                  Barfield
Bennett                Blackwell              Boan
Bradley, P.            Brown, H.              Burriss, J. H.
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Evatt
Foster                 Gregory                Harris, J.
Harris, P.             Haskins                Hawkins
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Keyserling             Kirsh
Klapman                Koon                   Lewis
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McCain                 McEachin               McGinnis
McLellan               McTeer                 Moss
Nettles                Pearce                 Petty
Phillips, L.           Rice                   Sharpe
Sheheen                Short                  Simpson
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Wilder

Total--66

So, the House refused to continue the Bill.

The question then recurred to the motion to adjourn debate upon the Bill, which was not agreed to.

Rep. T.M. BURRISS objected to the Bill.

H. 2536--OBJECTIONS

The following Bill was taken up.

H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.

Rep. L. MARTIN objected to the Bill.

Rep. GREGORY moved to adjourn debate upon the Bill until Wednesday, March 18.

Rep. J. BRADLEY moved to table the Bill.

Rep. M.O. ALEXANDER demanded the yeas and nays, which were not ordered.

The House refused to table the Bill by a division vote of 32 to 53.

Rep. J. BRADLEY moved to continue the Bill, which was not agreed to.

The question then recurred to the motion to adjourn debate on the Bill until Wednesday, March 18.

Rep. L. MARTIN moved to table the motion which was agreed to.

Reps. GREGORY, FELDER, WASHINGTON, BLANDING, WHITE and MOSS objected to the Bill.

H. 2537--OBJECTIONS

The following Bill was taken up.

H. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.

Reps. DANGERFIELD, L. MARTIN, TAYLOR, FELDER, HUFF and FERGUSON objected to the Bill.

H. 2555--POINT OF ORDER

The following Bill was taken up.

H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.

Rep. BEASLEY explained the Bill.

POINT OF ORDER

Rep. KEYSERLING 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 sustained the Point of Order.

S. 46--OBJECTIONS

The following Bill was taken up.

S. 46 -- Senator McLeod: 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.

Reps. J. BRADLEY, HOLT, WINSTEAD and FOXWORTH objected to the Bill.

H. 2535--OBJECTION

Rep. FELDER asked unanimous consent to object to the following Bill, which was agreed to.

H. 2535 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NOTICE OF ACCIDENT MUST BE GIVEN TO THE EMPLOYER IN WORKERS' COMPENSATION MATTERS, SO AS TO PROVIDE THAT ANY WAIVER OF THE NOTICE REQUIREMENT BY THE WORKERS' COMPENSATION COMMISSION MUST BE DOCUMENTED IN THE CASE FILE, TO REQUIRE RECORDATION OF THE NECESSARY AND SALIENT FACTS JUSTIFYING THE WAIVER OF NOTICE, TO REQUIRE THE WAIVER OF NOTICE TO BE SIGNED BY THE COMMISSIONER APPROVING IT, AND TO REQUIRE THE COMMISSION TO ESTABLISH AND PUBLISH GUIDELINES TO BE FOLLOWED IN THE CONSIDERATION OF WHETHER OR NOT TO WAIVE THE NOTICE REQUIREMENT.

H. 2526--RECALLED FROM THE COMMITTEE ON
AGRICULTURE AND NATURAL RESOURCES

On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture and Natural Resources.

H. 2526 -- Reps. Rhoad and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-1-100 SO AS TO REQUIRE THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO CONTINUE TO OPERATE AND MAINTAIN THE WELCOME CENTER ON U. S. HIGHWAY 301 SOUTH OF ALLENDALE.

H. 2579--CO-SPONSORS ADDED

Reps. EVATT, TOAL and T. ROGERS asked unanimous consent to add their names as co-sponsors to H. 2579, which was agreed to.

OBJECTION TO MOTION

Rep. LIMEHOUSE asked unanimous consent to note a motion to reconsider the vote whereby H. 2117 was given a second reading.

Rep. McTEER objected.

H. 2423--CO-SPONSOR ADDED

Rep. CORNING asked unanimous consent to add his name as a co-sponsor to H. 2423, which was agreed to.

H. 2117--OBJECTION AND SENT TO THE SENATE

The following Bill was taken up.

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.

Rep. PETTY objected to the Bill.

The Bill was read the third time and ordered sent to the Senate.

RULE 6.1 WAIVED

Rep. GREGORY moved to waive Rule 6.1, which was agreed to.

S. 266--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT

The General Assembly
Columbia, S. C., March 3, 1987

The Committee Of Conference, to whom was referred:
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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 15-78-20(c) of the 1976 Code, as added by Act 463 of 1986, is further amended to read:

"(c) (i) As to those causes of action that arise or accrue prior to the effective date of this act, the General Assembly reinstates sovereign immunity on the part of the State, its political subdivisions and employees, while acting within the scope of official duty; provided, however, that sovereign immunity will not bar recovery in any ease filed cause of action arising or accruing on or before the effective date of this act if the defendant maintained liability insurance coverage.

(ii) In such cases involving licensed health care providers, as defined in Section 38-59-110, recovery shall not exceed the limits of the liability insurance coverage up to a maximum recovery of five hundred thousand dollars.

(iii) In all other such cases recovery shall not exceed the limits of the liability insurance coverage.

SECTION 2. In computing the statutory time for filing a claim under Section 15-78-20(c) of the 1976 Code, as amended by Section 1 of this act, the period from July 1, 1986, until the effective date of this act must not be included in computing the applicable statute of limitations."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/ Isadore E. Lourie             /s/ David H. Wilkins
/s/ James E. Bryan, Jr.           /s/ Jean H. Toal
/s/ Thomas H. Pope, III           /s/ Jackson V. Gregory
On Part of the Senate.              On Part of the House.

Rep. WILKINS explained the Conference Report.

The report was adopted and a message was ordered sent to the Senate accordingly.

H. 2060--AMENDED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

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.

Whereas, South Carolina is home to many persons whose ethnic origins are Native American; and

Whereas, the federal government, through the Bureau of Indian Affairs of the Department of the Interior, maintains an extensive network of programs to benefit Native Americans; and

Whereas, it is appropriate for Native Americans residing in South Carolina to benefit from these programs to the extent they are eligible. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly requests 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 eligibility for all programs for Native Americans.

Be it further resolved that a copy of this resolution be forwarded to members of the South Carolina Congressional Delegation and to the Secretary of the Interior.

Rep. AYDLETTE proposed the following Amendment No. 1 (Doc. No. 2537Y), which was adopted.

Amend the resolution, as and if amended, by adding at the end thereof the following:
/Be it further resolved that it is not the intent of the General Assembly in this resolution to recognize this or any other tribe of native Americans for the purpose of reclaiming land in South Carolina./

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. AYDLETTE asked unanimous consent to delete the words, "or any other", which was agreed to.

Rep. AYDLETTE continued speaking.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

Rep. J. BRADLEY moved that the House do now adjourn which was adopted.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 3, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 266, and the Report having been adopted by both Houses:
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.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2571 -- Reps. J. Brown, Faber and McBride: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND DOCTOR WESTBERRY HOMER NEAL OF RICHLAND COUNTY ON BEING HONORED AT THE THIRD ANNUAL BLACK ACHIEVEMENT AWARDS PROGRAM OF THE PALMETTO POST ON FEBRUARY 20, 1987, AND ON FEBRUARY 27, 1987, ON HIS BEING HONORED BY THE BAPTIST EDUCATION MISSIONARY CONVENTION OF SOUTH CAROLINA FOR HIS DISTINGUISHED SERVICE TO MORRIS COLLEGE.

ADJOURNMENT

At 12:57 P.M. the House in accordance with the motion of Rep. J. BRADLEY adjourned to meet at 10:00 A.M. tomorrow.

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