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

TUESDAY, FEBRUARY 9, 1988

Tuesday, February 9, 1988
(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:

Use us, O Lord, as instruments in Your hands for the accomplishment on earth of Your will and wishes. Keep wide open our eyes to see those who surround us who need our help. Some need a comforting word; some need encouragement. We confess that at times we are too busy to notice. Help us to be more sensitive, more compassionate. Fill us with a loving concern as becomes the children of the Heavenly Father. Guide our words and actions that we might heal and help, so that we might being joy rather than hurt and harm. Enable us to choose wisely, to live worthily, to relate ourselves to others with understanding.

In the Name of Jesus, our Lord, we pray.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 4, 1988 regulations concerning Property Tax from the S.C. Tax Commission.

They are hereby referred to the Committee on Ways and Means for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 5, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 5, 1988 regulations concerning Fees from the State Board of Nursing.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 5, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 5, 1988 regulations concerning Standards of Performance for Asbestos Abatement Operations from the S.C. Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RESIGNATION

The following was received.

THE CIRCUIT COURT OF SOUTH CAROLINA

February 3, 1988

TO:     The Governor of South Carolina

The General Assembly of South Carolina

The Chief Justice and The Chief Justice-Elect of the Supreme Court of South Carolina:

Please accept this letter as my resignation as resident judge of the Court of Common Pleas and General Sessions of the Fifth Judicial Circuit effective April 1, 1988, at the close of the business day.

It has been an honor to hold this judgeship and a pleasure serving the people of South Carolina.

I leave this office for no other reason except that having earned my retirement benefits, and having an opportunity to accept a position with a fine South Carolina company, I now desire to move on to meet new goals and to have the challenges offered by a different career.

With my highest regards, I am

Yours very truly,
Owens T. Cobb, Jr.

Received as information.

COMMITTEE RESIGNATION

The following was received.

HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

February 3, 1988
The Honorable Robert J. Sheheen
Speaker of The House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Mr. Speaker:

I did not realize I was violating Rule 4.2 when I ran for the O & M Committee. Since this has been revealed, I hereby tender my resignation as a member of the O & M Committee.

Thanks so much for all you do, and I look forward to continuing as a member of the Rules Committee.

Sincerely,
B.L. HENDRICKS

Received as information.

RESIGNATION

The following was received.

RULES COMMITTEE

February 10, 1988
The Honorable Robert J. Sheheen
Speaker of The House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Mr. Speaker:

Please accept my resignation as a member of the South Carolina House of Representatives for District 75 effective at the close of legislative business on February 10, 1988.

With my kindest personal regards, I am

Sincerely yours,
JEAN H. TOAL

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3315 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-65-60, 38-65-70, 38-65-210, AND 38-65-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE, SO AS TO PROVIDE FOR CONTINUED COVERAGE DURING AN INSURED'S TOTAL DISABILITY AND DELIVERY OF CERTIFICATES OF INSURANCE TO COVERED DEBTORS, TO REQUIRE ADJUSTMENTS WHEN THE SEX OF AN INSURED IS MISSTATED, TO INCREASE THE LIMITATION ON THE AMOUNT WHICH THE INSURER MAY PAY TO PERSONS WHO INCUR EXPENSE BY REASON OF THE DEATH OF AN INSURED WITH NO NAMED BENEFICIARY FROM FIVE HUNDRED DOLLARS TO TWO THOUSAND DOLLARS AND THE LIMITATION ON THE AMOUNT OF INDIVIDUAL COVERAGE A MEMBER OF A GROUP WHOSE GROUP COVERAGE IS TERMINATED MAY RECEIVE FROM TWO THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE A RESTRICTION ON GROUPS WHICH MAY NOT BE INSURED BY OUT-OF-STATE INSURERS, TO FURTHER DEFINE THE DEPENDENT CHILDREN WHOSE LIVES MAY BE INSURED UNDER GROUP POLICIES AND INCREASE THE LIMIT OF COVERAGE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, AND TO ELIMINATE A RESTRICTION ON THE AMOUNT OF LIFE INSURANCE COVERAGE A PERSON MAY RECEIVE UNDER A FRANCHISE OR WHOLESALE LIFE INSURANCE PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 38-65-110 SO AS TO PROVIDE FOR THE EXTENSION OF TIME FOR EXERCISING THE RIGHT OF OBTAINING LIFE INSURANCE WITHOUT EVIDENCE OF INSURABILITY WHEN NOTICE OF THE RIGHT HAS NOT BEEN GIVEN AS REQUIRED; AND TO REPEAL SECTION 38-65-80 RELATING TO INAPPLICABILITY OF CHAPTER 65 OF TITLE 38 TO AN ASSOCIATION OF MEMBERS INVOLVED IN ONE HAZARDOUS OCCUPATION.

The Senate amendments were agreed to, and the Bill, 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.

REPORT OF STANDING COMMITTEE

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3708 -- Rep. Klapman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE REVEREND MILES DAVID BOGAN.

Rep. KLAPMAN explained the Concurrent Resolution.

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

INTRODUCTION OF BILLS

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

H. 3709 -- Reps. H. Brown, Blackwell, Cooper, Kirsh, Simpson, Mappus, Koon, Hendricks, Wilder, L. Martin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-7-45, 44-7-47, 44-7-52, 44-7-54, AND 44-7-56 AND TO AMEND SECTION 44-7-50, RELATING TO THE MODIFICATION OF THE DOCTRINES OF CHARITABLE AND SOVEREIGN IMMUNITY AS THEY RELATE TO HOSPITALS AND OTHER MEDICAL FACILITIES, SO AS TO PROVIDE FOR THE NONGOVERNMENTAL HOSPITAL TORT CLAIMS ACT BY SETTING FORTH DEFINITIONS, THE TOTAL AMOUNTS RECOVERABLE FROM THE HOSPITALS FOR LIABILITY, WHO IS LIABLE AND TO WHAT EXTENT, AND PAYMENTS OF JUDGMENTS AND TO REVISE THE PROVISIONS REFERENCING THE DOCTRINES AND DETAILING THEIR LIMITATIONS; TO AMEND SECTION 33-55-230, RELATING TO THE CODE PROVISIONS APPLICABLE TO CHARITABLE ORGANIZATIONS, SO AS TO PROVIDE FOR A LIMITED RECOVERY AGAINST A CHARITABLE HOSPITAL ONLY IN RESPECT TO ACTS WHICH DO NOT INVOLVE HOSPITAL CARE LIABILITY AS DEFINED IN THE NONGOVERNMENTAL HOSPITAL TORT CLAIMS ACT AND TO DELETE THE REFERENCE TO THE PROVISIONS RELATING TO THE RECOVERY AS SUPPLEMENTAL TO THE PROVISIONS RELATING TO CHARITABLE IMMUNITY; AND TO PROVIDE FOR THE ACT TO APPLY TO ANY OCCURRENCE OF "HOSPITAL CARE LIABILITY" AFTER THE ACT'S EFFECTIVE DATE.

Referred to Committee on Judiciary.

H. 3710 -- Reps. Wilkins, Hayes, Beasley and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1736 SO AS TO PROVIDE FOR THE USE OF FICTITIOUS NAMES IN ADOPTION RECORDS; AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE COURT TO HEAR AND DETERMINE ACTIONS RELATED TO ADOPTION AS WELL AS FOR ADOPTION; SECTION 20-7-1650, RELATING TO DEFINITIONS PERTAINING TO ADOPTION, SO AS TO DELETE THE REFERENCE TO THE CHILDREN'S BUREAU AND THE DEFINITION OF "LEGAL AGE", REVISE THE DEFINITIONS OF "CHILD PLACING AGENCY", "CONSENT", AND "RELINQUISHMENT", AND DEFINE "COURT"; SECTION 20-7-1670, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION, SO AS TO PROVIDE FOR THE COURT TO SPECIFICALLY FIND CERTAIN CIRCUMSTANCES BEFORE ADOPTION BY A NONRESIDENT, DELETE THE REQUIREMENT THAT SPECIFIC FINDINGS OF FACT MUST EXIST FOR ADOPTION BY A NONRESIDENT, AND PROVIDE FOR A PETITION TO BE BROUGHT TO SHOW EXCEPTIONAL CIRCUMSTANCES BEFORE BIRTH OR PLACEMENT IN AN ADOPTION BY A NONRESIDENT; SECTION 20-7-1680, RELATING TO JURISDICTION OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE FOR THE PROCEEDINGS TO BE BROUGHT IN THE COUNTY IN WHICH THE CHILD IS BORN; SECTION 20-7-1690, RELATING TO CONSENT OR RELINQUISHMENT FOR ADOPTION, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CONSENT OR RELINQUISHMENT ARE REQUIRED; SECTION 20-7-1695, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION ARE NOT REQUIRED, SO AS TO DELETE THE PROVISIONS FOR A PARENT WHO HAS BEEN ADJUDGED INCOMPETENT, TO PROVIDE FOR A PARENT WHO IS UNLIKELY TO PROVIDE MINIMALLY ACCEPTABLE CARE, TO REQUIRE INDEPENDENT COUNSEL TO BE APPOINTED FOR AN INDIGENT PARENT, AND TO PROVIDE FOR RELINQUISHMENT TO A PERSON FACILITATING THE ADOPTION; SECTION 20-7-1700, RELATING TO THE FORM AND CONTENT OF CONSENT OR RELINQUISHMENT, SO AS TO PROVIDE FOR IT TO SPECIFY WHETHER COUNSELING IS NEEDED OR REQUIRED AND THAT THERE IS NO DURESS OR COERCION INSTEAD OF NO PRESSURE AND DELETE THE REQUIREMENT THAT IT BE FREELY GIVEN; SECTION 20-7-1705, RELATING TO THE SIGNING OF THE CONSENT OR RELINQUISHMENT, SO AS TO CHANGE THE REFERENCE TO THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE FOR A CONSENT OR RELINQUISHMENT IN ANOTHER JURISDICTION TO BE VALID IN SOUTH CAROLINA, PROVIDE FOR SIGNING OF THE CERTIFICATION TO THE DOCUMENT GIVING CONSENT OR RELINQUISHMENT AND PROVIDE FOR CONSENT OR RELINQUISHMENT TO BE GIVEN WITHOUT DURESS OR COERCION INSTEAD OF KNOWINGLY, INTENTIONALLY, AND FREELY; SECTION 20-7-1730, RELATING TO THE FILING OF THE ADOPTION PETITION, CONSENT OR RELINQUISHMENT, AND POSTPLACEMENT INVESTIGATION, SO AS TO REVISE THE REQUIREMENTS AS TO WHICH REPORTS AND DOCUMENTS MUST BE FILED AT THE TIME THE ADOPTION PETITION IS FILED, UNLESS GOOD CAUSE IS SHOWN; SECTION 20-7-1732, RELATING TO THE APPOINTMENT OF A GUARDIAN AD LITEM, SO AS TO DELETE THE REQUIREMENT THAT THE APPOINTMENT MUST OCCUR AFTER THE FILING OF THE ADOPTION PETITION, PROVIDE FOR APPOINTMENT BEFORE A HEARING ON THE ADOPTION OR RELATED MATTERS, AND PROVIDE FOR SERVICE OF THE PETITION UPON THE ADOPTEE; SECTION 20-7-1734, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO REQUIRE THE FILING OF THE REASONS FOR CONTESTING, INTERVENING, OR OTHERWISE RESPONDING TO AN ADOPTION; SECTION 20-7-1740, AS AMENDED, RELATING TO ADOPTION INVESTIGATIONS AND REPORTS, SO AS TO REVISE REQUIREMENTS IN A PREPLACEMENT AND POSTPLACEMENT INVESTIGATION AND PROVIDE FOR UPDATING OF THE PREPLACEMENT INVESTIGATION REPORT BEFORE THE PLACEMENT OF THE CHILD INSTEAD OF ONE YEAR FROM THE INITIAL REPORT AND EVERY SIX MONTHS; SECTION 20-7-1750, RELATING TO CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS OR OBTAIN CERTAIN CONSENTS OR RELINQUISHMENTS FOR ADOPTION, SO AS TO CHANCE THE REFERENCES TO CHILDREN'S BUREAU TO DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-1760, RELATING TO FINAL ADOPTION HEARINGS, SO AS TO PROVIDE FOR EXTENDING OR SHORTENING THE TIME OF THE HEARING FOR A SPECIAL NEEDS CHILD AND FOR THE COURT TO MODIFY THE TIME OF THE HEARING EVEN WHEN THE PETITIONER HAS HAD CUSTODY OF THE ADOPTEE FOR NINETY DAYS; SECTION 20-7-1775, RELATING TO DISBURSEMENTS BY OR ON BEHALF OF THE ADOPTION PETITIONER, SO AS TO PROVIDE FOR AN ACCOUNTING OF EXPENSES INCURRED OR FEES FOR SERVICES RENDERED; AND SECTION 20-7-1780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF HEARINGS AND RECORDS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FILES AND RECORDS MAINTAINED BY ANY PERSON CERTIFIED BY THE DEPARTMENT OF SOCIAL SERVICES.

Referred to Committee on Judiciary.

H. 3711 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-350 SO AS TO PROVIDE THAT ALL VEHICLES REGISTERED IN THE NAME OF MEMBERS OF A FAMILY RESIDING IN THE SAME HOUSEHOLD MAY BE INSURED BY THE SAME AUTOMOBILE INSURANCE POLICY IF THE POLICY LISTS EACH VEHICLE AND THE POLICY PREMIUM IS PAID.

Referred to Committee on Labor, Commerce and Industry.

H. 3712 -- Reps. Edwards, Wilkins, L. Martin, Petty, Winstead, O. Phillips, Carnell, Washington, McBride, Cork, M.D. Burriss and Taylor: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATION'S OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.

Referred to Committee on Ways and Means.

H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.

Referred to Committee on Agriculture and Natural Resources.

S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.

On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 948 -- Senator Courson: A BILL TO AMEND SECTION 59-65-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY SCHOOL ATTENDANCE, SO AS TO PROVIDE THAT SCHOOLS ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS MEET THE ATTENDANCE REQUIREMENTS.

Referred to Committee on Education and Public Works.

S. 1035 -- Senators Peeler, Lee, Mitchell, Thomas, Giese, Martin and Hinson: A JOINT RESOLUTION TO PROVIDE FOR THE 1987-88 SCHOOL YEAR THAT NO MORE THAN THREE DAYS MISSED BECAUSE OF BAD WEATHER CONDITIONS MAY BE EXCUSED, BUT TEACHERS MAY NOT HAVE THEIR COMPENSATION REDUCED BECAUSE OF THE EXCUSED DAYS.

Referred to Committee on Education and Public Works.

S. 1076 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.

On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1089 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.

On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1108 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL WATERS COMMON FOR THE PEOPLE OF THE STATE, SO AS TO DEFINE THE SEAWARD BOUNDARY OF THE STATE FOR FISHERIES MANAGEMENT AND COASTAL LAW ENFORCEMENT.

Referred to Committee on Agriculture and Natural Resources.

S. 1143 -- Finance Committee: A JOINT RESOLUTION TO CREATE THE ACCOMMODATIONS TAX AD HOC COMMITTEE.

Referred to Committee on Ways and Means.

S. 1157 -- Senator McGill: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1986, 1987, AND 1988 UNTIL JULY 1, 1988.

Referred to Committee on Ways and Means.

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                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, J.H.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Faber                  Fair
Felder                 Ferguson               Foster
Foxworth               Gentry                 Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Kirsh
Klapman                Kohn                   Koon
Lanford                Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Pearce
Pettigrew              Petty                  Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Simpson
Snow                   Stoddard               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 9, 1988.

Derham Cole                       Mickey Burriss
Harriett Keyserling               Paul Short
Luther Taylor                     C. Lenoir Sturkie
Philip T. Bradley                 Joe McElveen
Dick Elliott                      E. Crosby Lewis
Total Present--121

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on February 9, 1988.

Lewis Phillips

ORDERED TO THIRD READING

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

H. 3700 -- Reps. J. Harris and Burch: A BILL TO AUTHORIZE THE DISTRICT BOARD OF EDUCATION OF CHESTERFIELD COUNTY SCHOOL DISTRICT TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THEIR PROCEEDS MAY BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

H. 3378 -- Reps. Keyserling and M.D. Burriss: A BILL TO AMEND SECTION 48-47-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FOR PURPOSES OF THE SOUTHEASTERN RADIOACTIVE WASTE COMPACT, SO AS TO PROVIDE THAT NO HOST STATE IS REQUIRED TO OPERATE A REGIONAL DISPOSAL FACILITY FOR LONGER THAN TWENTY YEARS OR TO DISPOSE OF MORE THAN THIRTY-TWO MILLION CUBIC FEET OF LOW-LEVEL RADIOACTIVE WASTE, WHICHEVER OCCURS FIRST; TO AMEND SECTION 48-47-280, RELATING TO THE REQUIREMENTS FOR WITHDRAWING FROM THE COMPACT, SO AS TO QUALIFY THE RIGHT OF WITHDRAWAL AND FURTHER PROVIDE FOR THE PROCEDURAL REQUIREMENTS FOR WITHDRAWAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-47-285 SO AS TO ALLOW WITHDRAWAL BY A STATE MORE THAN THIRTY DAYS AFTER THE COMMENCEMENT OF THE SECOND HOST STATE'S DISPOSAL FACILITY ONLY WITH THE UNANIMOUS APPROVAL OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION AND THE CONSENT OF CONGRESS AND TO PROVIDE THAT THE BARNWELL COUNTY DISPOSAL FACILITY IS CONSIDERED THE FIRST HOST STATE DISPOSAL FACILITY.

H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES.

Rep. J. BRADLEY explained the Bill.

H. 3358 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTIONS 12-21-780, 12-21-2120, AND 12-21-2550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXES ON TOBACCO PRODUCTS, SOFT DRINKS, AND ADMISSIONS, SO AS TO ALLOW QUARTERLY INSTEAD OF MONTHLY REPORTS ON ACCOUNTS WITH LESS THAN ONE HUNDRED DOLLARS OF TAX LIABILITY MONTHLY.

H. 3497 -- Reps. Kirsh, McLellan, Gregory, Fair, Klapman, J. Harris, Winstead, Ferguson, Hodges, Baker, T. Rogers, Elliott, Taylor, Stoddard, Shelton, J.W. Johnson, Hayes, Nesbitt, R. Brown, M.O. Alexander, Foster, Mattos, McKay, Gentry, Blackwell, Rice, McCain, Huff, L. Phillips, Gilbert, Day, Townsend, G. Bailey, Williams, Gordon, T.C. Alexander, J.C. Johnson, Boan, Lockemy, Hearn, P. Harris, McBride, Waldrop, K. Bailey, Bennett, Corning, White, Nettles, Sheheen, Beasley, Davenport, D. Martin, Faber, Haskins, O. Phillips, Arthur, Lewis, Petty, Kay, Thrailkill, McGinnis, Cole, Lanford, Simpson, Mappus, Wilkins, Toal, Barfield, J. Rogers, Washington, J. Bradley, P. Bradley, McEachin, T.M. Burriss, McAbee, Carnell and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.

SENT TO THE SENATE

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

H. 2882 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-9-240 AND 50-9-250, BOTH AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF STATUTES REGULATING HUNTING, SO AS TO ADD SECTION 50-9-135 TO THE STATUTES TO WHICH THE PENALTIES APPLY AND TO PROVIDE THAT JURISDICTION OF VIOLATIONS OF SOME OF THE STATUTES APPLICABLE TO RESIDENT HUNTERS IS IN MAGISTRATES' COURTS ONLY, AND TO AMEND SECTION 50-17-1650, AS AMENDED, RELATING TO TRAWL NETS IN WATERS ADJACENT TO GAME ZONE NOS. 7 AND 9, SO AS TO CHANGE THE PENALTY PROVISIONS TO PROVIDE THAT VIOLATIONS MUST BE TRIED IN MAGISTRATES OR MUNICIPAL COURTS.

H. 3381 -- Reps. Wilkins, Corning, Huff, Clyborne, Gentry and Toal: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY.

H. 3393 -- Reps. Wilkins, Hayes, J.W. Johnson and Fair: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TESTS TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT OF BLOOD, SO AS TO DEFINE PERSONS WHO ARE PERMITTED TO TAKE BLOOD AND URINE SAMPLES INSTEAD OF ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF THEM IN THE SYSTEMS OF PERSONS ARRESTED FOR DUI.

H. 3418 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-125 SO AS TO PROVIDE FOR A RUNOFF ELECTION TO BREAK TIES IN MUNICIPAL ELECTIONS AND TO POSTPONE SUBSEQUENT MUNICIPAL ELECTIONS IF THERE IS A TIE-BREAKER RUNOFF ELECTION; TO ADD ARTICLE 19 IN CHAPTER 13 OF TITLE 7, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO PROVIDE FOR TIE-BREAKING GENERAL, SPECIAL, AND PRIMARY ELECTIONS; TO AMEND SECTIONS 7-13-50 AND 7-13-1170, RELATING RESPECTIVELY TO RUNOFF PRIMARY ELECTIONS AND CASES WHERE THE GOVERNOR ORDERS NEW ELECTIONS, SO AS TO DELETE PROVISIONS RELATING TO TIE ELECTIONS.

H. 3420 -- Reps. Rudnick, J.C. Johnson, Moss, Snow, Keyserling, J. Bradley, Kirsh, T. Rogers, J. Brown, White and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-15 SO AS TO PROVIDE FOR NOTICE OF A CHANGE IN A POLLING PLACE.

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. 703 -- Senators Pope, Giese and Hayes: A BILL TO AMEND SECTION 40-47-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY ACTION AGAINST PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR A LICENSEE'S RIGHT TO JUDICIAL REVIEW OF DISCIPLINARY ACTION, PROVIDE FOR THE APPEAL TO BE CONSIDERED AN EMERGENCY AND TO TAKE PRECEDENCE ON THE CIRCUIT COURT'S CALENDAR, REQUIRE THE APPEAL TO BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.

H. 3396--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.

H. 3396 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.

H. 2699--OBJECTIONS

The following Bill was taken up.

H. 2699 -- Reps. Clyborne, Baker, Haskins, Kirsh, Gilbert, Petty and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-235 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A GROUP POLICY OF INSURANCE BY THE INSURER OF ANY CHANGES IN COVERAGE PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.

Reps. CARNELL, McABEE and J.W. McLEOD objected to the Bill.

S. 732--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.

S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.

H. 2013--OBJECTIONS

The following Bill was taken up.

H. 2013 -- Rep. Taylor: A BILL TO AMEND SECTIONS 7-13-35, 7-13-40, 7-13-50, 7-13-60, AS AMENDED, 7-13-70, 7-13-610, 7-13-830, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS; TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EACH "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 2, by the Committee on Judiciary.

Reps. PETTIGREW, KLAPMAN and FOXWORTH objected to the Bill.

S. 625--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.

S. 625 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.

H. 2734--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.

H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.

H. 2914--OBJECTIONS

The following Bill was taken up.

H. 2914 -- Ethics Committee: A BILL TO AMEND ARTICLE 9 OF CHAPTER 13 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTIONS 8-13-760 THROUGH 8-13-790 SO AS TO REGULATE USE OF PUBLIC PERSONNEL AND MATERIALS IN ELECTION CAMPAIGNS.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 4, by the Committee on Judiciary.

Rep. WILKINS explained the amendment.

Reps. E.B. McLEOD, FABER, McBRIDE, J. BROWN, G. BROWN and WASHINGTON objected to the Bill.

H. 2543--OBJECTIONS

The following Bill was taken up.

H. 2543 -- Rep. Toal: A BILL TO AMEND SECTION 42-7-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATES AND PREMIUMS PAID BY EMPLOYERS AND DEPOSITED IN THE STATE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE THAT ALL INTEREST EARNED AFTER JULY 1, 1987, ON THESE DEPOSITS MUST BE CREDITED TO THE FUND, THAT INTEREST EARNED ON DEPOSITS IN THE FUND FROM JULY l, 1974, TO JUNE 30, 1987, MUST BE RECREDITED TO THE FUND, AND TO PROVIDE FOR THE METHOD FOR FUNDING THIS RECREDIT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0957J).

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

/SECTION 1. Section 42-7-10 of the 1976 Code is amended to read:

"Section 42-7-10. There is established as a separate agency of the State state government a special fund to be known as the State Workers' Compensation Fund. This fund shall consist of annual premium charges, recoveries from the Second Injury Fund, recoveries from third parties by subrogation, and all income or revenue derived from the proceeds from annual charges as specified in this article investing these funds. Receipts for the credit of the fund and expenditures therefrom shall must be handled in the manner provided by law governing all State state funds."

SECTION 2. This act takes effect July 1, 1988./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Reps. McABEE and HOLT objected to the Bill.

Rep. McABEE spoke against the amendment.

Rep. McLELLAN objected to the Bill.

H. 3074--OBJECTIONS

The following Bill was taken up.

H. 3074 -- Rep. McAbee: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THIS STATE FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.

Rep. McABEE explained the Bill.

Reps. McEACHIN and J.W. McLEOD objected to the Bill.

Rep. McABEE continued speaking.

Rep. McKAY objected to the Bill.

H. 3304--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, February 10, which was adopted.

H. 3304 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 52-17-20, 52-17-30, AND 52-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO, SO AS TO TRANSFER THE LICENSING FUNCTIONS OF THE SECRETARY OF STATE IN REGARD TO BINGO TO THE SOUTH CAROLINA TAX COMMISSION.

H. 3319--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3319 -- Reps. J. Harris, J.H. Burriss, Keyserling, T. Rogers, Shelton and Corning: A BILL TO AMEND CHAPTER 16, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR THE PAYMENT OF ESTATE TAX WITH A CONTRIBUTION OF CULTURAL PROPERTY TO A STATE AGENCY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1039J), which was adopted.

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

/SECTION 1. Chapter 16, Title 12 of the 1976 Code, as added by Act 70 of 1987, is amended by adding:

/Article 21
Payment of Estate Tax with Contribution of
Cultural Property to a Nonprofit Cultural
Organization or State Cultural Agency

Section 12-16-3110. As used in this article:

(1) 'Cultural property' means paintings, drawings, prints, decorative art, craft work, photographs, literary documents, costumes, weapons, tools and equipment of the various trades and professions, archaeological and geological specimens, zoological and botanical specimens, and historical artifacts and objects associated with historical persons or events.

(2) 'Nonprofit cultural organization' means any museum, arts organization, library, historical, archaeological or geological society or association, which:

(a) is chartered in this State as a not-for-profit corporation; and

(b) is exempt from federal income taxation under Section 501(C)(3) under the Internal Revenue Code of 1986; and

(c) collects, exhibits, or studies cultural property; or

(d) has been created by county or municipal ordinance as a continuous function of county or municipal government for the purpose of collecting, exhibiting or studying cultural property.

(3) 'State Cultural Agency' means any State agency which collects, exhibits or studies cultural property.

Section 12-16-3120. The personal representative of an estate of a decedent owning cultural property at the date of death may elect to claim credit against the tax imposed by the State in an amount equal to the fair market value of one or more cultural properties, if:

(1) the title to the cultural property is transferred to a nonprofit cultural organization or State cultural agency; and

(2) the decedent has so directed by a will; or

(3) in the absence of a direction in the decedent's will, the personal representative finds that this method of payment is advantageous to the estate.

Section 12-16-3130. A personal representative desiring to pay all or part of an estate tax owed the State in the form of transferring title for one or more cultural properties shall:

(1) determine the nonprofit cultural organizations or State cultural agencies to which the title for the cultural property is to be transferred;

(2) obtain an independent appraisal of each cultural property to be offered as full or partial payment of the estate tax owed to the State; and

(3) submit the appraisal and notice to the director or president of each nonprofit cultural organization or State cultural agency in writing within sixty days from the date of the decedent's death of the desire to offer a cultural property or properties to that nonprofit cultural organization or State cultural agency.

Section 12-16-3140. The independent appraisal of the cultural property required by Section 12-16-3130(1) may not be conducted by or commissioned through the nonprofit cultural organization or cultural state agency designated to receive the cultural property through the decedent's will or the personal representative.

Section 12-16-3150. The director or president of the nonprofit cultural organization or State cultural agency shall determine within sixty days whether to accept or reject the cultural property.

Section 12-16-3160. The acceptance of a cultural property by a nonprofit cultural organization or State cultural agency is considered advantageous to the State if its acceptance:

(1) encourages growth of a nonprofit cultural organization's or State cultural agency's collections by the addition of a significant work of cultural property; and

(2) furthers the appreciation of arts, history, or cultures which exist in this State; and

(3) is compatible with the standards' and collections policies' of the nonprofit cultural organization or State cultural agency desiring to accept it.

Section 12-16-3170. The director or president of a nonprofit cultural organization or State cultural agency shall notify the Tax Commission in writing within thirty days after determining whether to accept or reject a cultural property. The nonprofit cultural organization's or State cultural agency's decision is final and may not be appealed by the personal representative.

Section 12-16-3180. The Tax Commission shall notify the personal representative in writing within thirty days after receiving notification from the nonprofit cultural organization or State cultural agency concerning the acceptance or rejection of the cultural property.

Section 12-16-3190. Upon notification of acceptance, the personal representative shall transfer the cultural property to the applicable nonprofit cultural organization or State cultural agency within thirty days of notification by the Tax Commission. Upon receiving the cultural property, the applicable nonprofit cultural organization or State cultural agency shall notify the Tax Commission in writing of the transfer of the cultural property. The Tax Commission shall then credit the accepted valuation of the cultural property against the taxes owed by the estate of the decedent.

Section 12-16-3200. This article does not apply to:

(1) official records of state, county, or municipal officials; nor

(2) private papers of state, county, or municipal officials who held office after December 31, 1959.

Section 12-16-3210. In no case may the credit for cultural properties transferred to nonprofit cultural organizations or State cultural agencies exceed the amount of the tax owed by the estate of the decedent."

SECTION 2. The provisions of this act apply to all decedents dying after June 30, 1988.

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

Amend title to conform.

Rep. J. HARRIS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. McABEE asked unanimous consent that H. 3319 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3433--DEBATE ADJOURNED

Rep. BLACKWELL moved to adjourn debate upon the following Joint Resolution until consideration of S. 984 on second reading, which was adopted.

H. 3433 -- Reps. Baker, M.O. Alexander, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins A JOINT RESOLUTION TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO EXTEND UNTIL MARCH 15, 1988, THE DEADLINE FOR APPEALING THE REASSESSMENT OF A PERSON'S AD VALOREM PROPERTY TAXES FOR TAX YEAR 1987 ONLY.

H. 3357--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3357 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-3-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO CONTRACT FOR COMPUTER SERVICES WITH OTHER STATE AGENCIES, SO AS TO BROADEN THE CONTRACTING AUTHORITY TO INFORMATION RESOURCES OR OTHER.RELATED SERVICES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1304J), which was adopted.

Amend the bill, as and if amended, by striking Section 12-3-260 as contained in Section 1 and inserting:

/Section 12-3-260. The South Carolina Tax Commission may contract for computer and other electronic data processing services with agencies, departments, boards, institutions, and commissions of this State. Information contained in or produced from any tax return, document, or tape must not be published or disclosed by the agency, department, board, institution, or commission, or its employees, except to the commission, or as otherwise provided by law or by order of a court of competent jurisdiction. Any person, firm, or governmental entity and their employees, under contract with the South Carolina Tax Commission, having access to information contained in or produced from any tax return, document, or magnetically stored data may not publish or disclose any part or parts of the data or information resulting from the data except to the Commission, or as authorized by the Commission, or as otherwise provided by law or by an order of a court or competent jurisdiction. This provision does not exempt the Commission from the provisions of the state procurement code.

Any A person violating the provisions of this section is guilty of a misdemeanor and must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both, in the discretion of the court. If the person convicted of violating the provisions of this section is an officer or employee of this State, he must be dismissed from office and may not hold any public office in this State for a period of five years after dismissal."/

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3369--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3369 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-21-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE LICENSE TAX, SO AS TO EXCLUDE FROM THE DEFINITION OF BEER AND WINE BEVERAGES WITH AN ALCOHOL CONTENT OF LESS THAN ONE-HALF PERCENT BY WEIGHT; TO AMEND SECTION 12-21-1730, RELATING TO THE IMPOSITION OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE AS SOFT DRINKS BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT; AND TO AMEND SECTION 12-21-1860, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1333J), which was adopted.

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

/SECTION 1. Section 12-21-1730 of the 1976 Code is amended to read:

"Section 12-21-1730. Every person doing domestic or intrastate business within this State and engaging in the business of selling, manufacturing, purchasing, consigning, using, shipping, or distributing, for the purpose of sale within this State, bottled drinks of every kind whatsoever, including, but not limited to, the following articles or things, viz.: soda water, ginger ale, coca-cola, lime-cola, pepsi-cola, near beer any product having an alcohol content of less than one-half percent of weight or volume, fruit juices, vegetable juices, and all drinks and other beverages and things commonly designated as 'soft drinks' shall are, for the privilege of carrying on such the business, be subject to the payment of a license tax which shall be is measured by and graduated in accordance with the sales of such the person within the State, except as may be otherwise provided in this article.

Every person, firm, corporation, club, or association, or any organization or individual within the this State of South Carolina, importing, receiving, or acquiring from without the State, or from any other source, beverages commonly designated as soft drinks as contemplated by this article, for use or consumption within South Carolina this State shall be is subject to payment of license tax at the rates provided for the sale, offer for sale, or distribution of such soft drinks."

SECTION 2. Section 12-21-1860 of the 1976 Code is amended to read:

"Section 12-21-1860. 'Bottled soft drinks,', as the term is used in this chapter, shall be defined as being means any complete, finished, ready-to-use, nonalcoholic drink, whether carbonated or not, such as including, but not limited to, soda water, ginger ale, nu-grape, coca-cola, lime-cola, pepsi-cola, budwine, near beer any product having an alcohol content of less than one-half percent of weight or volume, fruit juice, vegetable juice, milk drinks when any flavoring or syrup is added, cider, cordials, bottled carbonated water, and all bottled preparations commonly referred to as soft drinks of whatever kind or description.

The words 'bottle' 'Bottle' or 'bottles,', as used in this chapter, shall mean means in every instance any closed or sealed glass, metal, paper, or any other type of bottle or container, regardless of the size of such the container.

The phrase 'bottled 'Bottled drinks', as used in this chapter, shall mean means in every instance soft drinks in any closed or sealed glass, metal, paper, or any other type of bottle or container, regardless of the size of such the container."

SECTION 3. The provisions of this act are effective with respect to all sales after August 31, 1988.

SECTION 4. This act takes effect upon approval by the Governors

Amend title to conform.

Rep. T. ROGERS explained the amendment

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 2672--OBJECTION WITHDRAWN

Rep. TOAL withdrew her objection to the following Bill, however, other objections remained upon the Bill.

H. 2672 -- Reps. Limehouse and McCain: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110 SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.

H. 2978--OBJECTION WITHDRAWN

Rep. FABER withdrew his objection to the following Bill.

H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

H. 2177--OBJECTION WITHDRAWN

Rep. J. BRADLEY withdrew his objection to H. 2177, however, other objections remained upon the Bill.

H. 3338--OBJECTION WITHDRAWN

Rep. FABER withdrew his objection to the following Bill.

H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.

STATEMENT BY REP. TOAL

Rep. TOAL, with unanimous consent, made a statement relative to her resignation as a member of the House of Representatives.

On motion of Rep. SHARPE, with unanimous consent, Rep. TOAL'S remarks were ordered printed in the Journal as follows:

"Thank you. Mr. Speaker, ladies and gentlemen of the House, I'm sorry not to have been able to come to you earlier, since that very important day in my life last week. But I've been in court ever since then, and did not conclude my business until Thursday last. So, this is the first opportunity I've had to come to the Hall of the House and speak with you.

I have submitted today to the Speaker my letter of resignation as a member of the House of Representatives from District 75. That resignation will be effective at the close of legislative business on tomorrow, February 10th. I selected that day so as to as conveniently as possible accommodate the interests of those who will succeed me in a Special Election. That General Election would take place the same day as the June primary on June 14th. It would then be my intention to take the oath of office as an Associate Justice of the South Carolina Supreme Court on March 17th, which is a very special day to my Irish family, and also, my husband's birthday. I'll be informing all of you of the plans attendant on that occasion in the hope that you'll be with me to share in my family's happiness and to wish me Godspeed in this new and very awesome responsibility that I will be undertaking.

I've thought about the eloquent things that should be said, and I don't really feel equal to the occasion because my heart is so full of the memories I have of the now going into my 14th year of service in this body and the memories I have of my association with each and every one of you and with many who have sat in your seats before you came here. As I thought last night about what I might say, this line from Julius Caesar, Shakespeare's very well-known play, came to my mind because it so typifies what has happened to me in my quest to serve government in the judicial capacity. Shakespeare wrote, 'There is a tide in the affairs of men,/Which, taken at the flood, leads on to fortune;/Omitted, all the voyage of their life/Is bound in shallows and in miseries.' You know, Churchill, who you all know is another one of my favorite historical figures, he saw the joys and the sorrows and the excitement and the tragedy of public service. He had this to say about politics. He said, 'Politics,' you know, he was a great military man and a warrior and spent many years of his public service in military life. He said, 'Politics are almost as exciting as war and quite as dangerous. In war, you can only be killed once; but, in politics, many times.' I think we all know that, don't we? And, of course, I thought of that so many times as I want you to rejoice with me in another very important thing in my family's life today. The Lord has seen fit to return our brother, Herbert, who sits with me, Herbert Hoefer, my brother, Lieutenant Commander Hoefer, from six months of active duty in the Persian Gulf. So, this is a special day for my family in that regard as well.

I guess, with Churchill, I'd say at this point that, having told you about the art of politics, that as he said at the end of his political career, 'I pass with relief, from the sea of cause and theory to the firm ground of result and fact.' I hope that is where I would be in the other service to which I go. Of course, as I look out over this body, I think of the massive change that occasioned the entry of myself and others to service in this body and look at what a small band we are now. As many of you know, when I came to the House, along with John Bradley, John Felder, Don Holt, Bob Kohn, Larry Koon, Jennings McAbee, Ed Simpson, Mac Washington, and David Hawkins, who's here with us today, they and Toal complete the Class of '75, the largest turnover there had ever been in the House of Representatives, the first year of single-member districts. You can imagine the kind of thoughts that those who had more service than we had about what might happen in this House of Representatives as we began our service. And, I guess, we didn't take over immediately, but slowly, John and Jennings, and surely, David, we left our mark here on the House of Representatives.

And, I guess, that's why it's so very tough for me now to leave the place that I've really grown and matured in as a person, intellectually, in my personal beliefs, in the reach of my mind as I have grappled with you on the important problems of the day. It's been a very exciting 13 years. I guess very few remember, as Bob Kohn and I do, the first year, Home Rule, the Equal Rights Amendment -- I learned something about the motion to table; you can't make it anymore when someone has the floor, as the result of that very wise and educated move on Bob Kohn's part. The Education Finance Act, a major change in the way state government chose to fund education; the Freedom of Information Act, way before, Mr. Limehouse, we began to discuss the University of South Carolina, a young crowd of Bradleys and Toals and McAbees banded together in a freshman caucus of fifty-two new members, and decided that we would make the Sunshine Act, ethics legislation, reform of the court system, a truly unified system, Home Rule, real Home Rule, our first order of business. We got off to a mighty strong start in that regard. And then, through the years of battles, gubernatorial successions, the Court of Appeals, the entire revision of Article X -- do we remember those days of debate with Ralph Anderson about how we finance state government and then how we limit our own expenditures, the Legislative Audit Council, the rebirth of the Reorganization Commission, the Public Service Commission legislation at the beginning of Governor Riley's term, and finally, I guess, the capstone of a lot of progressive efforts, the Education Improvement Act.

It's been a really exciting and, I think, historic 13 years. Not just because I've been here, but for all those that were here before, the B.J. Gordons, the Pat Harrises, T.W. Edwards, and those, many of you have come since we first came. There's a collegiality, and a feeling of commonality here, that I think very few South Carolinians really understand. They see the hard battles and the tough fights, but what they don't see often at the end, is the unity and the real investment in the future of state government that governs. I am convinced, the actions of each and every member of this body with whom I have served.

But I go to a different place now. Oliver Wendell Holmes had this observation about the law. He said, 'The law is as a magic mirror. We see reflected not only our lives, but the lives of all men that have been. When I think on this, my eyes dazzle. The remoter and more general aspects of the law are those which give it its universal interest. It is through them that you not only become a great master in your own calling, but connect your subject with the universe and catch an echo of the infinite, a glimpse of its unfathomable process, a hint of the universal law from above.' And so I say to you now, as I make my final speech upon this floor, my mind is drawn to Second Timothy, 'I have fought the good fight, I have stayed the course, I have kept the faith.' God bless you all."

S. 1048--RECALLED FROM LEXINGTON DELEGATION

On motion of Rep. KOON, with unanimous consent, the following Bill was ordered recalled from the Lexington Delegation.

S. 1048 -- Senators Shealy, Wilson and Setzler: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN LEXINGTON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF LEXINGTON COUNTY.

S. 1048--ORDERED TO BE READ SECOND
TIME TODAY

On motion of Rep. KOON, with unanimous consent, it was ordered that S. 1048 be read the second time today.

RULE 6.1 WAIVED

Rep. J. BRADLEY moved to waive Rule 6.1, which was agreed to.

OBJECTION TO MOTION

Rep. J. BRADLEY asked unanimous consent to introduce a Bill.

Rep. WHIPPER objected.

H. 3671--RECALLED AND REFERRED TO THE COMMITTEE
ON JUDICIARY

On motion of Rep. DANGERFIELD, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.

H. 3671 -- Reps. Harvin, M.D. Burriss, Aydlette, Baker, Baxley, P. Bradley, G. Brown, H. Brown, J.H. Burriss, T.M. Burriss, Chamblee, Clyborne, Cork, Davenport, Day, Derrick, Foxworth, Haskins, Hearn, Holt, Humphries, Kay, Kirsh, Kohn, Koon, Lanford, Limehouse, Mappus, McAbee, McCain, McGinnis, McTeer, Moss, Neilson, Pettigrew, Petty, O. Phillips, Sharpe, Sturkie, Townsend, Wells and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-80 SO AS TO PROVIDE FOR THE HOME PROTECTION BILL OF RIGHTS.

H. 2482--TABLED

Rep. DANGERFIELD, with unanimous consent, moved to table the following Bill, which was agreed to.

H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.

STATEMENT BY REP. SIMPSON

Rep. SIMPSON, with unanimous consent, made a short statement.

INTRODUCTION OF BILL

On motion of Rep. BLANDING, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the Calendar without reference.

H. 3714 -- Reps. E.B. McLeod and Blanding: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, RELATING TO THE VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE THESE VOTING PLACES.

S. 1048--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 1048 be read the third time tomorrow.

H. 2446--CONFERENCE REPORT
RECONSIDERED AND RECOMMITTED

Rep. WILKINS, with unanimous consent, moved to reconsider the vote whereby the Conference Report on the following Bill was adopted, which was agreed to.

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.

Rep. WILKINS moved to recommit the Conference Report to the Conference Committee, which was agreed to.

STATEMENT BY REP. HASKINS

Rep. HASKINS, with unanimous consent, made a statement relative to school buses in the Greenville School District.

Rep. LIMEHOUSE moved that the House recur to the morning hour.

MOTION ADOPTED

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3708 -- Rep. Klapman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE REVEREND MILES DAVID BOGAN.

ADJOURNMENT

At 1:10 P.M. the House in accordance with the motion of Rep. HASKINS adjourned to meet at 2:00 P.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:37 P.M.