Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by Rev. Randal Jones, Pastor of Langston Baptist Church in Conway:
"Heavenly Father...As we begin this day, we are reminded of the many opportunities set before us. We are, also, made aware of the awesome responsibilities set upon the shoulders of this deliberative Body. Give each of the wisdom to know how to deal with our responsibilities and courage to make the decisions that shall govern the course of this great state. We call upon You, Father, to grant us those divine attributes necessary to live as Your ambassadors in this world; to be as sheep among wolves; and to be wise as serpents, but harmless as doves. We pray for Your intervention and Your direction in every avenue of our living. In Jesus name, Amen."
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The question of a quorum was raised.
A quorum was later present.
The following was received.
February 23, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1095)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 23, 1989 regulations concerning R.61-96, Athletic Trainers from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. DAVENPORT, from the Spartanburg Delegation, submitted a favorable report, on:
H. 3287 -- Rep. Lanford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW BRIDGE ON ROAD S-86 WHICH CROSSES I-26 IN SPARTANBURG COUNTY THE "R. VANCE LANFORD BRIDGE".
Ordered for consideration tomorrow.
Rep. DAVENPORT, from the Spartanburg Delegation, submitted a favorable report, on:
H. 3501 -- Rep. Davenport: A BILL APPROVING THE DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 582 OF 1955 RELATING TO THE UNA WATER DISTRICT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3424 -- Reps. Winstead, J. Rogers, Beasley, Clyborne, J.W. Johnson, Felder, Wilkins, Moss, Wofford, McLellan, Washington and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-110 SO AS TO PROVIDE FOR THE CRIMES OF DEFRAUDING A FEDERALLY CHARTERED OR INSURED FINANCIAL INSTITUTION AND OBTAINING PROPERTY OF THE INSTITUTION FRAUDULENTLY, DEFINE TERMS, AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 213 -- Senator Williams: A BILL TO REPEAL SECTION 14-17-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN RECORDS AND REPORTS REQUIRED OF THE CLERK OF THE GENERAL SESSIONS COURT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3209 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO SHORTEN THE PERIOD BEFORE WHICH FURTHER MONIES MUST BE ADDED TO AN UNPAID INSTALLMENT OR PAYMENT OF COMPENSATION, AND CHANGE THE PENALTY FROM TEN PERCENT OF THE UNPAID AMOUNT TO TWENTY-FIVE PERCENT THEREOF OR A MINIMUM OF TWENTY-FIVE DOLLARS, AND TO AMEND SECTION 42-9-230, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER THE TERMS OF AN AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3447 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3448 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Chapter of the American Institute of Architects for a reception, March 21, 1989, 6:00 - 8:00 P.M., State Headquarters on Richland Street.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Legislative Black Caucus for breakfast, March 23, 1989, 8:00 A.M. at the Faculty House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. State College and the Orangeburg Legislative Delegation for a reception, March 29, 1989, 8:00 P.M. - 10:00 P.M. at the Radisson.
The invitation was accepted.
The Senate sent to the House the following:
S. 435 -- Senator Long: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. ROBERT G. LIMING, DIRECTOR OF THE DIVISION OF TOURISM OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, UPON BEING ELECTED CHAIRMAN OF THE NATIONAL COUNCIL OF STATE TRAVEL DIRECTORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 436 -- Senator Long: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE OUR COLLEAGUE THE HONORABLE JENNINGS G. MCABEE OF MCCORMICK UPON HIS SELECTION AS THE "OUTSTANDING TOURISM LEGISLATOR OF THE YEAR" BY THE SOUTHEAST TOURISM SOCIETY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3572 -- Rep. L. Martin: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
Referred to Committee on Ways and Means.
H. 3573 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN ACT 658 OF 1988, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, FOR DEFICIENCIES INCURRED IN THAT FISCAL YEAR.
Without reference.
H. 3574 -- Rep. Beasley: A BILL TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.
Referred to Committee on Education and Public Works.
H. 3575 -- Rep. McEachin: A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITOR'S ATTENDANCE AT CIRCUIT COURTS AND HIS PREPARATION AND PUBLICATION OF THE GENERAL SESSIONS COURT DOCKET, SO AS TO DELETE HIS RESPONSIBILITY FOR THE PREPARATION AND PUBLICATION OF THE GENERAL SESSIONS COURT DOCKET, AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-5-455 SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE OF A CIRCUIT SHALL CONTROL AND PREPARE THE DOCKETS FOR THE COURTS OF GENERAL SESSIONS IN THE CIRCUIT.
Referred to Committee on Judiciary.
H. 3576 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO PROVIDE THAT THESE OFFICES MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR INSTEAD OF POPULAR ELECTION BY THE QUALIFIED VOTERS OF THIS STATE.
Referred to Committee on Judiciary.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3578 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO PROVIDE THAT A PERSON APPOINTED TO A COUNTY BOARD, COMMISSION, OR OTHER ENTITY BY THE COUNTY LEGISLATIVE DELEGATION SERVES AT THE PLEASURE OF THE APPOINTIVE AUTHORITY.
On motion of Rep. BLANDING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3579 -- Reps. Jaskwhich, Rama, J. Bailey, Haskins, Vaughn, Wright and J.C. Johnson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT THE TWENTY-FIVE DOLLAR FEE ASSESSED AGAINST A PERSON CONVICTED OF VIOLATING THE LITTER LAWS MUST BE PAID TO THE COUNTY OR TO THE MUNICIPALITY IN WHICH THE VIOLATION OCCURRED.
Referred to Committee on Judiciary.
H. 3580 -- Reps. Rudnick, M.D. Burriss, Stoddard, White, D. Williams, Harvin, Keyserling and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-105 SO AS TO PROVIDE THAT SATISFACTORY COMPLETION OF THE DRIVER EDUCATION AND TRAINING COURSE WHICH SCHOOL DISTRICTS ARE REQUIRED TO ESTABLISH IS A REQUIREMENT FOR A STATE HIGH SCHOOL DIPLOMA FOR ALL STUDENTS GRADUATING DURING OR AFTER THE 1990-91 SCHOOL YEAR, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 3581 -- Reps. Mattos, Barber, Blanding, Rama, Mappus, Winstead, M.O. Alexander, Cooper, Phillips, Gordon, G. Bailey, D. Williams, Beasley, Sturkie, Keegan, Klapman, K. Bailey, Huff, Keesley, T.M. Burriss, T. Rogers, McTeer, McLeod, Carnell, Koon, Corning, Davenport, Fair, Harwell, McGinnis, Haskins, Wilder, Rhoad, Harvin, Jaskwhich, J. Brown, Lockemy, J.C. Johnson, L. Martin, J. Bailey, Wright, Quinn and Snow: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.
Referred to Committee on Judiciary.
H. 3582 -- Reps. Simpson and Kay: A BILL TO ENACT THE "SOUTH CAROLINA HIGHWAY SAFETY ACT OF 1989" INCLUDING PROVISIONS TO REQUIRE SEAT BELTS WITH A MANDATED REDUCTION IN INSURANCE RATES, TO MAKE THE USE OF CERTAIN RADAR DETECTION DEVICES UNLAWFUL, TO INCREASE MOTOR VEHICLE INSPECTION FEES, TO REQUIRE DRIVERS SEVENTY AND OVER TO TAKE A MOTOR VEHICLE ROAD TEST EVERY TWO YEARS, TO INCREASE THE FINES FOR A SECOND OR SUBSEQUENT CONVICTION OF SPEEDING, TO INCREASE THE PENALTIES FOR OPERATING A MOTOR VEHICLE WITHOUT INSURANCE OR PROOF OF FINANCIAL RESPONSIBILITY, TO REQUIRE VEHICLES TRANSPORTING HAZARDOUS WASTE TO OBSERVE SPEED LIMITS BELOW THOSE THAT ARE POSTED, TO REQUIRE VEHICLES TO DISPLAY STICKERS ON THE FRONT WINDSHIELD CONTAINING CURRENT INSURANCE INFORMATION, TO RAISE THE AGE FOR OBTAINING BEGINNERS' PERMITS, PROVISIONAL DRIVERS' LICENSES, AND REGULAR DRIVERS' LICENSES, TO REQUIRE MEMBERS OF THE GENERAL ASSEMBLY TO OBEY POSTED SPEED LIMITS REGARDLESS OF THEIR IMMUNITY WHILE ATTENDING SESSIONS OF THE GENERAL ASSEMBLY, TO INCREASE THE NUMBER OF HIGHWAY SAFETY INSPECTORS OF THE PUBLIC SERVICE COMMISSION, TO MAKE IT UNLAWFUL TO LEAVE KEYS IN A MOTOR VEHICLE IN A PUBLIC AREA, TO AUTHORIZE THE SOUTH CAROLINA HIGHWAY PATROL TO ESTABLISH ROAD BLOCKS TO CHECK FOR LICENSE, EQUIPMENT, AND OTHER VIOLATIONS, TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PAINT A WHITE CROSS ON ANY PUBLIC STREET OR HIGHWAY IN THE LOCATION OF A FATAL ACCIDENT WITHIN THIRTY DAYS OF THE ACCIDENT, AND TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DISTRIBUTE A LIST OF THE PENALTIES FOR MOTOR VEHICLE MOVING VIOLATIONS TO ALL PERSONS WHEN RENEWING THEIR ANNUAL MOTOR VEHICLE REGISTRATION AND LICENSING.
Referred to Committee on Education and Public Works.
H. 3583 -- Reps. J. Williams, D. Williams, Farr and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 TO CHAPTER 3, TITLE 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE A SPECIAL MOTOR VEHICLE LICENSE PLATE TO FORMER SENATE PRESIDENT PRO TEMPORE, REMBERT C. DENNIS.
Referred to Committee on Education and Public Works.
S. 274 -- Senator Waddell: 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.
Referred to Florence Delegation.
S. 276 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-39-635 SO AS TO PROVIDE FOR JUDICIAL SALES OF REAL PROPERTY IN COUNTIES WHICH DO NOT HAVE A MASTER-IN-EQUITY.
Referred to Committee on Judiciary.
S. 364 -- Senators Pope, Passailaigue, Bryan, Courson, Leventis, Giese, Thomas and Matthews: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Referred to Committee on Ways and Means.
Rep. McLELLAN raised a Point of Order that the following Bill was out of order as it was a revenue raising measure and inappropriately introduced.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate.
S. 324 -- Senators Passailaigue, Mullinax and Waddell: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW CERTAIN SHAREHOLDERS TO DEDUCT UNUSED NET OPERATING LOSSES ON THE COMPLETE LIQUIDATION OF A CORPORATION WHICH FOR FEDERAL INCOME TAX PURPOSES ONLY WAS A SUBCHAPTER "S" CORPORATION AND TO ALLOW CERTAIN SHAREHOLDERS OF A CORPORATION ELECTING SUBCHAPTER "S" STATUS TO DEDUCT UNUSED NET OPERATING LOSSES.
Rep. McLELLAN raised a Point of Order that the following Bill was out of order as it was a revenue raising measure and inappropriately introduced.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate.
S. 352 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-90; AND TO AMEND SECTION 42-5-190, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-90.
The following was introduced:
H. 3584 -- Reps. Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Sharpe, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ITS CLERKS AND ATTACHES FOR THE OUTSTANDING JOB DONE BY THESE FINE INDIVIDUALS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Limehouse Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the
Session on March 1, 1989.
Alex Harvin, III Will McCain
Larry Gentry Roland Corning
Thomas Rhoad Steve Lanford
STATEMENT OF ATTENDANCE
Rep. BOAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 28, 1989.
Announcement was made that Dr. Walter Roberts of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3562 -- Reps. Littlejohn, Wells, Cole, Ferguson, Davenport, Bruce, McGinnis and Lanford: A BILL TO AMEND ACT 857 OF 1952, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO DELETE PROVISIONS WHICH STATE WHEN OFFICERS OF THE BOARD ARE ELECTED.
H. 3563 -- Reps. Littlejohn, Davenport, Cole, Wells, McGinnis, Ferguson, Lanford and Bruce: A BILL TO AUTHORIZE THE SPARTANBURG COUNTY BOARD OF EDUCATION TO SET SEPARATE TAX LEVIES TO FUND SCHOOL-AGE EDUCATIONAL PROGRAMS WHERE MULTI-DISTRICT AGREEMENTS ARE APPROVED BY LOCAL SCHOOL DISTRICTS.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3286 -- Rep. Hodges: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR THE DEFINITION OF "ANABOLIC STEROID", TO PROVIDE WHAT CONSTITUTES UNPROFESSIONAL CONDUCT FOR A PRACTITIONER, TO PROVIDE WHAT CONSTITUTES A VIOLATION OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO ADD CERTAIN VIOLATIONS OF ARTICLE 14 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.
H. 3008 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 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 CHANGES IN COVERAGE BEFORE THE EFFECTIVE DATE OF THE CHANGES.
H. 3275 -- Reps. Hearn, McBride, T.M. Burriss, T.Rogers, Wells, Cork, Wright, Faber, Waites, J. Bailey and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS.
H. 3455 -- Rep. Hayes: A BILL TO AMEND SECTION 38-77-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUEST FOR ARBITRATION AND THE PROCESS BY WHICH ARBITRATION IS INITIATED UNDER THE PROVISIONS OF ARTICLE 7, CHAPTER 77, TITLE 38, SO AS TO PROVIDE THAT A DEFENDANT RECEIVING A SUMMONS UNDER THE PROVISIONS OF THIS SECTION MAY REFUSE TO ARBITRATE AND PROVIDE THAT IF THE DEFENDANT REFUSES TO ARBITRATE THE PLAINTIFF SHALL BRING THE ACTION IN THE COURT OF COMMON PLEAS, OR ANY INFERIOR COURT HAVING CONCURRENT JURISDICTION; AND TO AMEND SECTION 38-77-770, RELATING TO THE RIGHT TO APPEAL AN ARBITRATION DECISION, SO AS TO DELETE THE REQUIREMENT THAT AN APPEAL MUST BE A TRIAL DE NOVO AND REQUIRE THE APPEAL TO BE TO THE CIRCUIT COURT AND CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF RULES 74 AND 75 OF THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
The following Bill was taken up.
H. 3062 -- Reps. Kirsh and Mappus: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 53 SO AS TO REQUIRE ALL VEHICLES WHICH TRANSPORT LITTER TO PROVIDE A MEANS OF COVERING THE VEHICLE TO PREVENT LITTER FROM DROPPING, SIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE AND TO PROVIDE A PENALTY FOR VIOLATION.
Rep. McELVEEN asked unanimous consent to amend the Bill on third reading.
Rep. JASKWHICH objected.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1520U).
Amend the bill, as and if amended, in Section 44-41-31(1) of the 1976 Code, as contained in SECTION 1, page 2, line 7, by striking /divorced/ and inserting /not presently married to each other/; page 2, line 13, by inserting after /custody/ /or legal guardian/ and on line 14, by inserting after /available/ /or legal guardian/ so that when amended Section 44-41-31(1) shall read:
/(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and notarized, of both parents or the legal guardian of the minor, and the informed written consent of the pregnant minor in every case. If the minor's parents are not presently married to each other or one parent is deceased or otherwise not available to the person performing the abortion or his agent, or the referring physician or his agent in a reasonable time or manner, then the informed written consent, signed and notarized, of the parent with custody or legal guardian or of the parent who is available or legal guardian is sufficient; or/
Amend further in Section 44-41-31(3), page 2, lines 1 and 2, by striking /either the circuit court or/ so that when amended Section 44-41-31(3) shall read:
/(3) the minor elects to petition the family court and has an order granting consent to the abortion, and the attending physician or his agent has received the informed signed written consent of the minor, and the order of the court. The procedure for this relief is the same as provided in Section 44-41-33./
Amend the bill further, as and if amended, in Section 44-41-32 of the 1976 Code, as contained in SECTION 1, page 3, line 1, by inserting before /Every/ /If neither of the parents nor the legal guardian is available to the person performing the abortion or his agent or the referring physician or his agent within a reasonable time or manner, or the minor elects not to seek consent of those whose consent is required, or the parties from whom consent must be obtained pursuant to this section refuse to consent to the performance of the abortion, the minor may elect to petition, on her own behalf, the family court for a waiver of the consent requirement under the provisions of Sections 44-41-30 and 44-41-31 and pursuant to the procedures set forth in this section./; on line 2 by striking /circuit court or/; on page 3, by inserting immediately after line 7:
/(2) Notice of the hearing must be served on both parents or the legal guardian. If the parents are not presently married to each other or one parent is deceased or otherwise not available, then service must be on the custodial parent or legal guardian./; and in Section 44-41-32(2), page 3, lines 6 and 7 by striking /in a form containing the minor's initials only/ and inserting /in the name of Jane Doe/; in Section 44-41-32(3), page 3, line 3, by inserting after /her./ /When appointing a guardian ad litem, the judge shall take into consideration the preference of the minor./. Renumber items to conform so that when amended Section 44-41-32 shall read:
/Section 44-41-32. If neither of the parents nor the legal guardian is available to the person performing the abortion or his agent or the referring physician or his agent within a reasonable time or manner, or the minor elects not to seek consent of those whose consent is required, or the parties from whom consent must be obtained pursuant to this section refuse to consent to the performance of the abortion, the minor may elect to petition, on her own behalf, the family court for a waiver of the consent requirement under the provisions of Sections 44-41-30 and 44-41-31 and pursuant to the procedures set forth in this section. Every minor has the right to petition a family court for an order granting the right to self-consent to an abortion pursuant to the following procedures:
(1) The minor may prepare and file a petition setting forth the request of the minor for an order of consent to an abortion.
(2) Notice of the hearing must be served on both parents or the legal guardian. If the parents are not presently married to each other or one parent is deceased or otherwise not available, then service must be on the custodial parent or legal guardian.
(3) The court shall insure that the minor is given assistance in preparing and filing the petition and shall insure that the minor's identity is kept anonymous. For the purpose of preserving the minor's anonymity, the court may allow the petition to be filed in the name of Jane Doe.
(4) The minor may participate in proceedings in the court on her own behalf, and the court shall appoint a guardian ad litem for her. When appointing a guardian ad litem, the judge shall take into consideration the preference of the minor. The court shall advise her that she has a right to court-appointed counsel and shall provide her with this counsel upon her request.
(5) All proceedings under this section must be anonymous and must be given preference over other matters but the court shall rule within seventy-two hours of the time of application. The seventy-two hour limitation may be extended at the request of the minor.
(6) The court shall hold a hearing on the merits of the petition before reaching a decision. The court shall hear evidence at the hearing relating to the emotional development, maturity, intellect, and understanding of the minor; the nature, possible consequences, and alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted majority rights for the purpose of consenting to the abortion or whether the abortion is in the best interest of the minor./
Amend further in Section 44-41-34(F), page 4, line 1, by striking /or circuit/ and on line 2, by striking /court of appeals/ and inserting /Supreme Court/ so that when amended Section 44-41-34(F) shall read:
/(F) Appeals from the family court must be to the Supreme Court./
Amend further in Section 44-41-10, as contained in SECTION 2, page 6, by inserting immediately after line 5:
/(o) 'Informed written consent' means consent with knowledge of the nature, possible consequences, and alternatives to abortion./
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. HAYES spoke in favor of the amendment.
Reps. GLOVER, FANT and McBRIDE objected to the Bill.
The following Bill was taken up.
H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 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, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "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.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 1897U).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-611. The arrangement of each 'Official County Ballot' for each primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:
OFFICIAL COUNTY BALLOT, __________________________ PRIMARY
(NAME OF PARTY)
COUNTY, SOUTH CAROLINA
NO:_________ ____________________________________________
Initials of Issuing Officer
_____________________________________, 19__
(DATE OF ELECTION)
(NAME OF PRECINCT)
OFFICIAL COUNTY BALLOT, __________________________ PRIMARY
(NAME OF PARTY)
COUNTY, SOUTH CAROLINA
_____________________________________, 19__
(DATE OF ELECTION)
____________________________________________
(NAME OF PRECINCT)
INSTRUCTIONS - Make a cross (X) in the voting square (/_____/) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
____________________________________________________________
You may vote for one, less than one, but not more than one candidate.
____________________________________________________________
SHERIFF / ONE SEAT TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
____________________________________________________________
You may vote for three, less than three, but not more than three candidates.
COUNTY COUNCIL / THREE SEATS TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
Each 'Official State Ballot' similarly must conform to the plan set forth in this section."
SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:
"Section 7-13-40. (A) In the event that If a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter after that, if necessary.
(B) Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice-chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first or, if May first falls on a Sunday, not later than noon on the following Monday.
(C) The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 3. Section 7-13-50 of the 1976 Code, as last amended by Act 364 of 1988, is further amended to read:
"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office, and if only one candidate remains, he is considered nominated, except that if. However, if there are two or more vacancies for any a particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when. When there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county chairman election commission or the state State chairman Election Commission, as appropriate."
SECTION 4. Section 7-13-70 of the 1976 Code, as last amended by Act 422 of 1988, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10 the Governor shall at least ninety days prior to any such election, appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place and none of the officers may be removed from office except for incompetence or misconduct. For primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. For the purpose of conducting general or special elections provided for in Section 7-13-10 and primaries, except municipal primaries, each county legislative delegation, upon notification by the delegation chairman, shall meet to appoint five commissioners of election for each county. If a delegation does not have a chairman, the senior state senator serves as the chairman, Each commissioner shall receive at least half of the votes of the county legislative delegation present and voting. The appointments by the county legislative delegation. as provided for in this section. must be reported by the delegation chairman of the State Election Commission by February fifteenth of each even-numbered year. The State Election Commission shall verify that at least one of the appointees represents the largest Political Party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one Party's members. If the delegation chairman does not submit the list of commissioners of election to the State Election Commission by February fifteenth of each even-numbered year. The State Election Commission may appoint the county commissioners of election. The chairmen of the county executive committees of the major political party in the General Assembly and the largest minority party in the General Assembly shall certify the results by signing the list of commissioners of election before the list is sent to the State Election Commission. The term of the commissioners of election begins on March first of each even-numbered year. The commissioners continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year. The commissioners of election shall appoint three managers of election for each polling place in the county for which they must be appointed respectively for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place, and none of the officers may be removed from office except for incompetence or misconduct. For primaries or special and municipal elections, the commissioners of election charged by law with conducting the primaries or special and municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. Sixty days before a primary, except a municipal primary, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission shall appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint a prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the commissioners and managers shall take and subscribe, before any an officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution:
'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.'
And it The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners and managers are appointed, or, if there is no clerk, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 5. Section 7-13-830 of the 1976 Code, as last amended by Act 472 of 1988, is further amended to read:
"Section 7-13-830. When any a person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or the county committee other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority shall hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a challenged ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the committee authority in charge shall proceed to hear and determine the question. Its decision is final. Each ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers shall provide a paper ballot which must be placed in an envelope and treated as provided in this section.
Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge."
SECTION 6. Section 7-13-60 of the 1976 Code is amended to read: l
"Section 7-13-60. The polls must be opened at seven o'clock in the forenoon a.m. and close closed at seven o'clock in the afternoon p.m. of the day of election and must be held open during these hours without intermission or adjournment; but the county committee may close any poll or all polls within any county in any primary election at an earlier hour."
SECTION 7. Section 7-13-610 of the 1976 Code is amended to read:
"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party shall must contain in print only the names of all the candidates who have filed to run in that particular party primary and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed 'Official State (or County) Ballot, (name of party) Primary', Club__No.__ the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed 'Initials of Issuing Officer.' The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with 'No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.
All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words 'Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words 'Official County Ballot.'
The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper.
The ballot shall must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice."
SECTION 8. Section 7-15-450 of the 1976 Code is amended to read:
"Section 7-15-450. This article shall apply applies to political parties holding or conducting a primary, as the case may be, and any other authorities conducting an election."
SECTION 9. Section 7-17-510 of the 1976 Code is amended to read:
"Section 7-17-510. The county committees shall assemble at their respective courthouses on the morning of the second day after the election at eleven in the forenoon to tabulate the returns and declare the results of the primary, so far as it relates to members of the General Assembly and county officers and shall forward immediately to the State chairman at Columbia the result of the election in their respective counties for United States Senator, State officers, congressmen and solicitors. The State committee shall proceed to canvass the vote and declare the result of the primary in the State as to such last named officers. The commissioners of election for the counties shall meet in a convenient place in the county seat on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at the office of the State Election Commission within ten days after the primary and within ten days after the primary runoff, if there is one, and shall canvass the vote and declare the results of the primaries and the runoffs in the State for state offices, federal offices, and offices involving more than one county."
SECTION 10. Section 7-17-520 of the 1976 Code is amended to read:
"Section 7-17-520. The protests and contests in the case of for county officers, and less than county officers and members of the State House of Representatives shall must be filed in writing by a candidate with the chairman of the county party executive committee for the political party primary in which he was a candidate, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee board of canvassers for primaries of the result of the election. Provided, however, that service Service may be perfected by depositing with the county sheriff one copy of the protest for the chairman to be served by him, together with a sufficient number of copies to be served upon all candidates in the protested or contested race. The sheriff shall take immediate steps to deliver such the copies to the chairman. The protest shall must contain each ground thereof of protest concisely stated separately. The chairman immediately shall forthwith serve upon each candidate in the protested race a copy of the protest, and serve a notice of the time and place of the meeting of the executive committee for the purpose of hearing the protest."
SECTION 11. Section 7-17-530 of the 1976 Code is amended to read:
"Section 7-17-530. The county party executive committee shall hear the protest or contest on Thursday following the deadline for its filing same. Testimony at the hearing of the protest shall be is limited to the grounds stated in the written protest.
The protestant and each other candidate in the protested race shall have the right to be present at the hearing set by the committee, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of protest.
The chairman of the county party executive committee shall provide and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing on the protests the county party executive committee shall determine all issues by majority vote and forthwith immediately certify the results of the election.
The county party executive committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race and the chairman of the State executive committee and the executive director of the State Election Commission shall must be immediately notified immediately of the decision."
SECTION 12. Section 7-17-540 of the 1976 Code is amended to read:
"Section 7-17-540. The decision of the county party executive committee may be appealed to the State state party executive committee by any a candidate adversely affected thereby by the decision. Notice of such the appeal and the its grounds thereof shall must be made not later than three o'clock P.M., Friday noon Monday next following such the decision by serving such the notice on the chairman of the State state party executive committee. Provided, that service Service may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the notice and grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall also must be delivered to the county sheriff. Such These officers shall take all steps necessary to deliver the notices to the respective parties."
SECTION 13. Section 7-17-550 of the 1976 Code is amended to read:
"Section 7-17-550. The State state party executive committee shall meet in Columbia not later than twelve noon, Saturday Wednesday next following the filing of any notice perfected under Section 7-17-540, for the purpose of hearing appeals. The appellant and each all other candidate candidates in the protested race shall have the right to be present at such the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The State state party executive committee shall be is bound by the facts as determined by the county party executive committee. Provided, however, that if If in the opinion of at least eighteen a majority of the members of the State state party executive committee such the facts should be reviewed, then a hearing de novo shall must be held by the State state party executive committee. In the event of such For this review, the State state party executive committee may receive any new evidence or exhibits as it, shall in its discretion, deem considers necessary to determine the appeal. The State state party executive committee shall remain in session until all such appeals have been disposed of."
SECTION 14. Section 7-17-560 of the 1976 Code is amended to read:
"Section 7-17-560. The State state party executive committee shall meet in Columbia at such a place as may be designated by the chairman to hear and decide protests and contests that may arise in the case of Federal for federal officers, State state officers, and officers involving more than one county. Any such A protest or contest shall must be filed in writing by any candidate for the political party primary in which he was a candidate with the chairman of the state party executive committee, together with a copy for each candidate in the race, not later than noon on Monday of the fifth day following the canvassing of the votes for such these officers by the committee; Board of State Canvassers. provided, however, that service Service upon the chairman may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The Chief shall take immediate steps to deliver such the copies to the chairman. The protest shall must contain each ground thereof of protest concisely stated separately. The chairman of the state party executive committee immediately shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the committee for the purposes of hearing the protest."
SECTION 15. Section 7-17-570 of the 1976 Code is amended to read:
"Section 7-17-570. The state party executive committee shall hear the protest or contest on Thursday not earlier than the fifth nor later than the tenth day following the deadline for filing the same receipt of the protest. Testimony at the hearing shall be is limited to the grounds stated in the written protest.
The protestant and each all other candidate candidates in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest. The chairman of the state party executive committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the state party executive committee shall determine all issues by majority vote and forthwith immediately certify the results of the election.
The state party executive committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall must be immediately notified immediately of the state party executive committee's decision."
SECTION 16. Section 7-25-140 of the 1976 Code is amended to read:
"Section 7-25-140. The county committee authority responsible under law in any for conducting a party primary and the commissioners of election or other electoral board in general and special elections in their discretion may post, or cause to be posted, a copy of Sections 7-25-120 to 7-25-140, printed on cardboard in as large type as a board twelve by twelve inches will carry, in each and every polling precinct."
SECTION 17. Sections 7-9-110 and 7-13-90 of the 1976 Code are repealed.
SECTION 18. Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, according to their own rules and at the party's expense, presidential preference or advisory primaries.
SECTION 19. If a county 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. However, the provisions for inclusion of majority and minority party representatives upon the commission must be applied to the seven-member commission.
SECTION 20. Except for municipal primaries, all primaries for national offices, state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year.
SECTION 21. This act takes effect upon approval by the Governor but only if funded by the General Assembly./
Amend title to conform.
Rep. WILKINS explained the amendment.
Further proceedings were interrupted by the expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.
Rep. BLACKWELL moved that the House recur to the morning hour, which was agreed to by a division vote of 57 to 13.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3585 -- Reps. Harwell, T. Rogers, Kirsh, Elliott, Beasley, Lanford, Manly, Derrick, McGinnis, Keegan, J. Rogers and Gordon: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS FOR PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE FOR THE SERVICES OF DENTAL HYGIENISTS IN NURSING HOMES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3586 -- Reps. McLellan and Sheheen: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY USED IN A BUSINESS WHEN SOLD PURSUANT TO THE SALE OF THE BUSINESS.
Referred to Committee on Ways and Means.
H. 3587 -- Reps. Phillips, Farr and Moss: A JOINT RESOLUTION TO EXTEND THE 1989 QUAIL AND RABBIT SEASON IN GAME ZONE NO. 4 UNTIL MARCH 15, 1989.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3588 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES, VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1076, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3589 -- Reps. Hendricks, McLellan, Blackwell, Holt, Simpson, Mattos, Winstead, Kirsh, Hallman and M.O. Alexander: A JOINT RESOLUTION TO AMEND ACT 658 of 1988, RELATING TO THE 1988-89 GENERAL APPROPRIATIONS, SO AS TO REVISE A PROVISION IN PART I WHICH AUTHORIZES A ONE AND ONE-HALF PERCENT PREFERENCE FOR BIDS FOR STATE SERVICES OR SUPPLIES OF MANUFACTURERS OR PROCESSORS LOCATED IN CERTAIN COUNTIES OF THIS STATE.
Referred to Committee on Ways and Means.
The following was introduced:
H. 3590 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO WISH MRS. CHARLES W. "GRANNY" JOSEY, SR., OF LEE COUNTY A VERY HAPPY ONE HUNDREDTH BIRTHDAY WHICH SHE WILL CELEBRATE ON MARCH 9, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.
H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 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, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "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.
Rep. WILKINS moved to adjourn debate upon the Bill until Thursday, March 2, which was adopted.
The following Bill was taken up.
H. 3241 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO FIFTY THOUSAND DOLLARS.
Reps. HOLT, CARNELL and CHAMBLEE objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 7, which was adopted.
H. 3036 -- Reps. McElveen, Huff and Wilkins: A BILL TO AMEND SECTIONS 20-1-510 AND 20-1-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION TO DETERMINE THE VALIDITY OF MARRIAGE AND ADJUDICATION OF PRESUMED DEATH OF A SPOUSE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS EXCLUSIVE JURISDICTION, INSTEAD OF THE COURT OF COMMON PLEAS, TO HEAR AND DETERMINE ANY ISSUE AFFECTING THE VALIDITY OF A CONTRACT OF MARRIAGE AND IN ACTIONS TO DETERMINE A SPOUSE'S PRESUMED DEATH AFTER AN ABSENCE OF SEVEN YEARS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3535 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3536 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. M.O. ALEXANDER explained the Joint Resolution.
S. 382 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION: OOLENOY RIVER, PICKENS COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3555 -- Rep. Lockemy: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ARCHIE SINCLAIR, INC., IN DILLON COUNTY.
H. 3160 -- Reps. Gregory, Fair and Short: A BILL TO AMEND SECTION 56-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICES BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A NOTICE CONCERNING A PERSON'S DRIVER'S LICENSE MUST BE MAILED TO THE PERSON'S ADDRESS CONTAINED IN THE DRIVER'S LICENSE RECORDS OF THE DEPARTMENT.
Reps. ALTMAN and GREGORY explained the Bill.
H. 3390 -- Rep. Blackwell: A BILL TO AMEND SECTION 56-1-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SPECIAL DRIVER'S LICENSE ENDORSEMENT FOR A DESIGNATED DRIVER FOR FIRE EXTINGUISHMENT AND TO SAFETY OFFICERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO A PAID OR VOLUNTEER FIREFIGHTER AND A FIREFIGHTING VEHICLE, PROVIDE FOR THE PURPOSE OF THE ENDORSEMENT, AND PROVIDE FOR THE APPOINTMENT OF A SAFETY OFFICER BY A POLITICAL SUBDIVISION AND AN UNINCORPORATED COMMUNITY OPERATING A FIRE DEPARTMENT.
H. 3571 -- Rep. Keyserling: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COFFIN POINT PLANTATION HOMEOWNERS ASSOCIATION, INC., IN BEAUFORT COUNTY.
The following Bill was taken up.
H. 3404 -- Reps. Fair and Tucker: A BILL TO AMEND SECTION 59-117-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO INCREASE FROM FIVE TO SIX THE MEMBERS OF THE EXECUTIVE COMMITTEE APPOINTED BY THE BOARD.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, March 8, which was adopted.
H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.
The following Joint Resolution was taken up.
S. 335 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BLANDING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 336 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1062, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BLANDING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3010 - Reps. Hayes and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 THROUGH 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. BRUCE withdrew his objection to H. 3400 however, other objections remained upon the Bill.
Upon the withdrawal of objections by Reps. BLANDING, FOSTER and GREGORY the following Bill was taken up.
H. 3472 -- Judiciary Committee: A BILL TO AMEND SECTION 16-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF GRAVES, SO AS TO PROVIDE FOR FURTHER DESIGNATION OF THE DESTRUCTION OF GRAVES AND TO, AMONG OTHER THINGS, MAKE THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS AN OFFENSE UNDER THIS SECTION AND DESIGNATE IT AS A FELONY AND REQUIRE MANDATORY IMPRISONMENT OF NOT LESS THAN ONE YEAR; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE OF DESTRUCTION OR DESECRATION OF HUMAN REMAINS; AND TO REPEAL SECTION 16-17-590, RELATING TO MUTILATION OF MONUMENT OR TOMBSTONE.
Rep. CORNING proposed the following Amendment No. 4 (Doc. No. 1910U), which was adopted.
Amend the bill, as and if amended, by striking Section 16-17-600(A), as contained in SECTION 1, beginning on page 1 and line 43, and inserting:
/(A) A person who acts without proper legal authority and wilfully:
(1) destroys or damages the remains of a deceased human being;
(2) removes any portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository: or
(3) desecrates human remains; is guilty of a felony, and, upon conviction, must be fined not more than two thousand dollars and imprisoned for not less than one year nor more than ten years./
Amend title to conform.
Rep. CORNING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KOON, with unanimous consent, the following was introduced:
H. 3591 -- Reps. Koon, Derrick, Felder, Sharpe, Sturkie, Wright, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Elliott, Faber, Fair, Fant, Farr, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sheheen, Short, Simpson, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead and Wofford: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ARLENE ELLEN MCLELLAN KLAPMAN OF WEST COLUMBIA UPON HER RECENT DEATH.
Whereas, the members of the General Assembly were deeply saddened to learn of the recent death of Mrs. Arlene Ellen McLellan Klapman of West Columbia; and
Whereas, born in Lantry, South Dakota, she was a daughter of the late Arleaigh Henry and Mrs. Selma Ernestine Speker McLellan; and
Whereas, Mrs. Klapman was a graduate of Michigan State University and taught in Harrisville, Michigan, in Sturgie, South Dakota, and third grade at Brooklyn-Cayce Grammer School No. 1 for twenty-one years in the Brooklyn-Cayce school system; and
Whereas, she was a member of Mount Tabor Lutheran Church of West Columbia, a life member and former president of Lutheran Church Women and the Ladies Aid Society, a charter member of the Married Couples Sunday School Class and a member of the Social Ministry Committee and Evangelism Committee; and
Whereas, Mrs. Klapman worked with West Columbia volunteer services, including Meals on Wheels, March of Dimes, and the Mental Health Day Care; and
Whereas, she was a member of the Alpha Delta Kappa Sorority and Lexington County Retired Educators Association, a former Girl Scout leader, and a member of the Palmetto Cabinet; and
Whereas, surviving are her husband, Jarvis Randolph Klapman; daughters, Mrs. Linda Kay K. Vallejo and Mrs. Janet Ruth K. Smith, both of West Columbia; a son, Brett R. Klapman of West Columbia; a sister, Mrs. Ruth M. Galvin of Hayward, California; and brothers, W. Everett McLellan of San Lorenzo, California, Paul F. McLellan of Irvine, California, Archie and Owen W. McLellan, both of Lantry, and Lyle A. McLellan of Huron, South Dakota. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, extend their sincere condolences to our friend and distinguished colleague, the Honorable Jarvis R. Klapman, and to the rest of the family.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Jarvis Klapman.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The House stood in silent prayer in memory of Mrs. Arlene Klapman, wife of Rep. JARVIS KLAPMAN.
The following Concurrent Resolution was taken up.
H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, Waites, M.D. Burriss, J. Brown, McBride, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.
Whereas, the City of Columbia is presently in the process of developing plans for a metropolitan convention center that would span the Congaree River and would impact and affect the Cayce-West Columbia city governments and Lexington and Richland County areas; and
Whereas, the City of West Columbia is in the process of developing a separate plan for a hotel and convention center; and
Whereas, since a convention center is going to have such impact on the five local entities, officials in each governmental entity are trying to identify an appropriate site for the complex; and
Whereas, several studies and surveys show that many residents in the local areas feel that the proposal of "The Bridge" is the best and most convenient location for the establishment of the convention center; and
Whereas, the Midriver Island will be dedicated as a state park for access to the river; and
Whereas, it is projected that the number of visitors and ticket receipts to the State Museum will be doubled by the presence of "The Bridge"; and
Whereas, it is also projected that the sales value of the property where the Central Correctional Institution is presently located will be increased by at least five million dollars; and
Whereas, considering the need of the Columbia City Convention to establish a location as quickly as possible in an effort to obtain federal funding for the convention center and save Midlands residents three million dollars, the members of the General Assembly would strongly recommend that the city and county officials include, examine, and consider the proposal of "The Bridge" as the location for the convention center. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, encourage the city governments of Cayce, Columbia, and West Columbia and the county councils of Lexington and Richland counties to include, examine, and consider the proposal of "The Bridge" location for the establishment of the convention center.
Be it further resolved that a copy of this resolution be forwarded to the city governments of Cayce, Columbia, and West Columbia and the county councils of Lexington and Richland counties.
Rep. WRIGHT proposed the following Amendment No. 1 (Doc. No. 2215U), which was adopted.
Amend the resolution, as and if amended, by striking all before the resolving words and inserting:
/TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS A LOCATION FOR THE CONVENTION CENTER IF THERE IS NO CONSTRUCTION UNDERWAY ON ANY OTHER PROPOSED CONVENTION CENTER SITE BY MAY 1, 1989.
Whereas, the City of Columbia is presently in the process of developing plans for a metropolitan convention center that would span the Congaree River and would impact and affect the Cayce-West Columbia city governments and Lexington and Richland County areas; and
Whereas, the City of West Columbia is in the process of developing a separate plan for a hotel and convention center with an April commencement date deadline; and
Whereas, since a convention center is going to have such impact on the five local entities, officials in each governmental entity are trying to identify an appropriate site for the complex; and
Whereas, the Midriver Island will be dedicated as a state park for access to the river; and
Whereas, it is projected that the number of visitors and ticket receipts to the State Museum will be doubled by the presence of "The Bridge"; and
Whereas, it is also projected that the sales value of the property where the Central Correctional Institution is presently located will be increased by at least five million dollars; and
Whereas, considering the need of a Center after May 1, 1989, should the five local entities still agree to cooperatively pursue a convention center, the members of the General Assembly would strongly recommend that the city and county officials include, examine, and consider the proposal of "The Bridge" as a location for the convention center. Now, therefore,/
Amend further by striking all after the resolving words and inserting:
/That the members of the General Assembly, by this resolution, encourage the city governments of Cayce, Columbia, and West Columbia and the county councils of Lexington and Richland counties to include, examine, and consider the proposal of "The Bridge" as a location for the establishment of the convention center if there is no construction underway on any other proposed convention center site by May 1, 1989.
Be it further resolved that a copy of this resolution be forwarded to the city governments of Cayce, Columbia, and West Columbia and the county councils of Lexington and Richland counties./
Amend title to conform.
Rep. WRIGHT explained the amendment.
Rep. KLAPMAN spoke against the amendment.
The amendment was then adopted.
Rep. KLAPMAN spoke against the Concurrent Resolution.
Rep. WRIGHT spoke in favor of the Concurrent Resolution.
The Concurrent Resolution, as amended, was then adopted and ordered sent to the Senate by a division vote of 15 to 3.
Rep. RAMA moved to recall S. 354 from the Education and Public Works Committee which was agreed to.
Rep. L. MARTIN moved to dispense with the Motion Period.
As a first substitute Rep. KOON moved to recall H. 3284 from the Agriculture and Natural Resources Committee.
As a second substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3054 -- Reps. Kirsh, Huff, Nesbitt, Hayes, Foster, J.W. Johnson, Klapman, Mappus and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS; AND TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE AS A DEDUCTION CONTRIBUTIONS AND EARNINGS MADE PURSUANT TO THE CHILD'S EDUCATION SAVINGS ACT.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 22, by the Committee on Ways and Means.
Rep. FELDER spoke against the amendment.
Rep. McTEER spoke upon the amendment.
Rep. BAKER spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. BAKER spoke against the amendment.
Rep. FELDER moved to adjourn debate upon the amendment.
Rep. J.W. JOHNSON moved to table the motion, which was not agreed to by a division vote of 22 to 42.
The question then recurred to the motion to adjourn debate on the amendment, which was agreed to.
Rep. McTEER moved to recommit the Bill, to the Committee on Ways and Means.
Rep. KIRSH moved to table the motion to recommit, which was not agreed to.
The question then recurred to the motion to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Rep. KEESLEY moved that when the House adjourns it adjourn in memory of Mr. Thomas Tucker, the grandfather of Rep. HUFF'S wife Patricia, which was agreed to.
Rep. BLACKWELL moved that the House recede until 2:00.
Rep. GREGORY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3584 -- Reps. Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Sharpe, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ITS CLERKS AND ATTACHES FOR THE OUTSTANDING JOB DONE BY THESE FINE INDIVIDUALS.
H. 3590 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO WISH MRS. CHARLES W. "GRANNY" JOSEY, SR., OF LEE COUNTY A VERY HAPPY ONE HUNDREDTH BIRTHDAY WHICH SHE WILL CELEBRATE ON MARCH 9, 1989.
H. 3591 -- Reps. Koon, Derrick, Felder, Sharpe, Sturkie, Wright, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Elliott, Faber, Fair, Fant, Farr, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sheheen, Short, Simpson, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead and Wofford: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ARLENE ELLEN MCLELLAN KLAPMAN OF WEST COLUMBIA UPON HER RECENT DEATH.
At 12:30 P.M. the House in accordance with the motion of Rep. KEESLEY adjourned in memory of Mr. Thomas Tucker, the grandfather of Rep. HUFF'S wife Patricia, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:22 P.M.