Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Here we are, Lord, like all our countrymen unable to rid our minds of the traumatic shock, tragedy and disaster of yesterday which has stunned the whole Nation. Our compassionate concern goes to all who feel the loss of those brave and courageous astronauts who were the victims of that ill-fated mission. May the enthusiastic energy and excitement that filled them, though they knew the danger, inspire us to do our best that others are blessed and benefited by the works that we do, always knowing that the future does not reap a harvest from the faint-hearted. As these daring and pioneering fellow-Americans were reaching for the stars, make our ambitions such as to constantly move us upward and onward.
God of love and mercy, forbid that such a terrible accident should ever happen again. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. FOXWORTH.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., January 28, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Hayes and McLeod of the Committee of Conference on the part of the Senate on H. 2259:
H. 2259--Reps. Ferguson, Kirsh and Lewis: A BILL TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977, RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.
Very respectfully,
President
No. 6
Received as information.
The following was received.
Columbia, S. C., January 29, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 826:
S. 826 -- Senator Leventis: A BILL TO AMEND SECTION 7-7-502, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PLACES OF THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE CERTAIN VOTING PLACES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 7
Received as information.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
October 7, 1985
The Honorable Robert R. Woods
Chairman, Invitations Committee
Box 2217
Charleston, South Carolina 29403
Dear Mr. Chairman:
This is simply to re-confirm the dates of February 13 - 15, 1986 on the House calendar for the SCTMA Plant Managers' Division Meeting to be held at The Hyatt on Hilton Head. We look forward to having members of the General Assembly and their spouse-guest with us on this occasion and will be in touch regarding final details in early l986.
With kindest regards,
Sincerely,
John G. Beasley
Executive Vice President
The following were received.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 564)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning Electric Regulations from the Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 565)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning Water from the Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 566)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning Gas from the Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 567)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning Practice and procedure from the Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 568)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning Telecommunications from the Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 569)
Post Office Box 11867
Columbia, South Carolina
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning Sewer from the Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 638)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning minimum safety standards for amusement device testing, inspection, maintenance and operation from the Department of Labor.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 657)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1986 regulations concerning minimum safety standards for maintenance and construction of elevator installations from the Department of Labor.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 28, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 676)
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 28, 1986 regulations concerning Refund of fees from the State Board of Nursing.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2141 -- Rep. Schwartz: A BILL TO AMEND SECTION 42-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO MAKE REQUIRED REPORTS IN WORKERS' COMPENSATION CLAIMS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF THE PENALTY FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2446 -- Reps. Foxworth, Winstead, Davenport, D. Martin and Kohn: A BILL TO PERMIT SELF-SERVICE GAS FILLING STATIONS TO BE EQUIPPED WITH AN APPROVED AUTOMATIC-CLOSING TYPE PUMP OR DISPENSER NOZZLE WITH A HOLD-OPEN LATCH.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3136 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2751 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1645, SO AS TO ALLOW A STATE AGENCY TO COMPENSATE A FOSTER FAMILY FOR THE UNINSURED LOSS NOT TO EXCEED FIVE HUNDRED DOLLARS THAT THEY INCUR WHEN THEIR PROPERTY IS DAMAGED OR DESTROYED BY THE FOSTER CHILD PLACED IN THEIR HOME.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2754 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTAKE SERVICES PROVIDED TO JUVENILES BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THAT JUVENILES MAY NOT BE COMMITTED TO A RECEPTION AND EVALUATION CENTER OR YOUTH CORRECTIONAL INSTITUTION OF THE DEPARTMENT WITHOUT FIRST BEING REFERRED TO THE INTAKE SECTION OF THE DEPARTMENT AND PROVIDED WITH THE INTAKE SERVICES THE DEPARTMENT IS MANDATED TO PROVIDE.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 221 -- Senator Doar: A BILL TO AMEND SECTION 50-17-1021, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SET AND CHANNEL NETS, SO AS TO PROVIDE THAT THE DIVISION OF MARINE RESOURCES OF THE WILDLIFE AND MARINE DEPARTMENT MAY EXTEND THE OPEN SEASON FOR THEIR USE BY NO MORE THAN THIRTY DAYS IN ANY YEAR.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 2418 -- Reps. Beasley, J. Rogers, Elliott, McBride, Faber, Woodruff, T. Rogers, Keyserling, Thrailkill, R. Brown, Evatt, Taylor, Bennett, Hayes, Foster, J. Anderson, Sturkie, Gilbert, Mitchell, Toal, Hearn, Waldrop, Harvin, Woods, Washington, G. Brown, Limehouse, J.W. Johnson, McLeod, Stoddard, Williams, Shelton, Griffin, Foxworth, Davenport, G. Bailey, D. Martin, Mattos and McKay: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION OF THE COUNTY WHEREIN HE IS BEING REPRESENTED IF ONE EXISTS, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3021 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD MUST FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3040 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-32 SO AS TO AUTHORIZE COUNTY COUNCILS TO ISSUE SUBPOENAS AND TO CONDUCT INVESTIGATIONS OF THE DEPARTMENTS OF COUNTY GOVERNMENT AND PUNISH FOR CONTEMPT.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3055 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND SECTION 5-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE MUNICIPAL COUNCIL UNDER THE COUNCIL-MANAGER FORM OF GOVERNMENT, SO AS TO PROVIDE THAT THE MAYOR SHALL PRESIDE AT MEETINGS OF COUNCIL.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3056 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND SECTION 5-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE AND ADMINISTRATIVE POWERS VESTED IN THE COUNCIL FORM OF GOVERNMENT, SO AS TO PROVIDE THAT THE MAYOR SHALL PRESIDE AT MEETINGS OF COUNCIL.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3097 -- Rep. Kirsh: A BILL TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES LESS THAN SIX MONTHS AND MORE THAN SIX MONTHS PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS AND TO PROVIDE FOR THE FILLING OF VACANCIES UPON ANY SHERIFF'S INDICTMENT AND SUSPENSION AND ACQUITTAL OR CONVICTION.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 2284 -- Reps. Woodruff, Huff and Limehouse: TO AMEND SECTION 20-7-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS AND TO PROVIDE FOR THE EXPIRATION DATE OF THOSE TERMS.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 2777 -- Reps. Day, Sharpe, G. Bailey, T. Rogers, Limehouse, Faber, Freeman, Shelton, Holt, O. Phillips, Archibald, J. Harris, Aydlette, Moss, Blackwell, Alexander, Simpson, Klapman, Williams, Davenport, Mattos, Cleveland, G. Brown, Fair, Rice, Rhoad, J. Arthur, Woods, Hawkins, Russell, Gregory, McTeer, Harvin, McBride, J.W. Johnson, Altman, T.M. Burriss, Hayes, Ogburn, Keyserling, Woodruff, Elliott, Toal, Schwartz and Townsend: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325, AND TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, AS AMENDED, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-615 SO AS TO PROVIDE THAT ANY PAPER BALLOT USED IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION MAY BE PRINTED ONLY ON ONE SIDE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 209 -- Senators Bryan, Long, Mitchell, McConnell, Lourie and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-70, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO COMPLIES WITH A VALID SUBPOENA TO TESTIFY IN A COURT OR ADMINISTRATIVE PROCEEDING OR TO SERVE ON A JURY OF ANY COURT AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
S. 828 -- Senator Bryan: A BILL TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO MAGISTRATES AND MAGISTRATES' JURY AREAS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO CONSOLIDATE THE NINE JURY AREAS IN LAURENS COUNTY INTO THREE.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of DuPont for a cocktail buffet February 25, 1986, 6:00 P.M.-8:00 P.M., at The Marriott.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Nurses' Association for reception and luncheon, February 5, 1986, 1:00 P.M.-2:30 P.M., at the Carolina Inn.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Recreation and Parks Society for a drop-in, February 4, 1986, 7:00 P.M.-9:00 P.M., at the Carolina Inn.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S. C. Association of Christian Schools for breakfast February 5, 1986, 8:30 A.M., at The Holiday Inn Center on Assembly Street.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. State Firemen's Association for Legislative Appreciation Bar-B-Que, February 5, 1986, 7:00 P.M., at the National Guard Armory.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Probate Judges for reception, February 11, 1986, 7:00 P.M.-9:00 P.M., at The Carolina Inn.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Safety Belts for South Carolina for lunch, February 12, 1986, 12:30 P.M., at The Town House.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Workers' Compensation Claimant Attorneys Association for luncheon, February 18, 1986, 1:30 P.M., at The Holiday Inn City Center on Assembly Street.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Registered Cosmetologists Association for a drop-in, February 26, 1986, 6:30 P.M.-8:30 P.M., at The Townhouse.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau for Annual Legislative Banquet, February 18, 1986, 6:00 P.M., Ellison Building, State Fairgrounds.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Cable Television Association for reception, February 19, 1986, 7:00 P.M.-8:30 P.M., at The Marriott.
The invitation was accepted.
On motion of Rep. BLANDING, with unanimous consent, Rep. NETTLES' remarks were ordered printed in the Journal as follows:
Mr. Speaker, Ladies and Gentlemen of the House:
Yesterday our State and Nation experienced a great tragedy. The tragedy is a very personal one for the citizens of South Carolina because of the loss of one of our outstanding native sons.
I rise to make a few remarks about this man whom I was proud to call a constituent, proud to call a personal friend and acquaintance, and proud to call a fellow South Carolinian.
I am talking about Dr. Ronald E. McNair, who now takes his place among the great individuals in this State's history.
I have been fortunate to know Ron and his mother in Lake City, and to observe the kind of example that he set for all those around him. He demanded of himself excellence in everything, and in so doing, he conveyed an important message to all those who knew him.
He told us that a young man growing up in Lake City, South Carolina need not feel any limitations to his goals and ambitions. He told us that our only limitations are those we impose upon ourselves.
Ron McNair did not simply say or feel those things. He achieved excellence in the public schools, where his teachers saw the strength of his life emerging. He achieved excellence as an undergraduate at North Carolina A&T College, and he achieved excellence at one of this nation's finest academic institutions, the Massachusetts Institute of Technology.
As President Reagan said yesterday, these people were more than astronauts. They were pioneers pushing through a dangerous frontier. Ron McNair spent this life pushing himself through the frontiers of excellence.
Two years ago, he thrilled us with his address to this General Assembly. He told us in his own words what his life had already conveyed to us. He said that South Carolina's ambition as a state need not be limited, either.
He told us that we, too, can be as great as we wish to be. He told us that our only limitations are those we impose upon ourselves. He told us to focus our attention and our energies on the younger generation, and to encourage all the other prospective young Ron McNairs--black, white, rich, poor, Upcountry, Lowcountry or Pee Dee--to achieve excellence.
Today, we speak in grief about a great South Carolinian and a great American who was taken from us yesterday. To his mother, to his wife and children, to his many friends, and to the great legion of admirers he had all over the world, we express our sadness and we share in the feeling of great loss.
But from this experience and from this great life we can draw strength and pride. Ron McNair was a man of warmth, a man of courage, a man with many friends, a man with deeply felt convictions.
He gave us what we like to think is the very best part of American life; he reminded us of what makes this country different from the rest of the world.
We do not say good-bye to Ron McNair. We say thank you. In life, he set an example for us. He gave his life in the cause of human progress. We are thankful for those gifts, and we are thankful for his life.
We are also thankful that the influence of the life of Ron McNair will not end with the tragedy of yesterday. It will be a living example for every young South Carolinian for generations to come.
Thank you.
The following was introduced:
H. 3373 -- Reps. Nettles, Gilbert, McEachin, McKay, McLeod, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McLellan, McTeer, Mitchell, Moss, Neilson, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC DEATH OF ASTRONAUT DR. RONALD MCNAIR OF LAKE CITY, SOUTH CAROLINA, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, Astronaut Dr. Ronald McNair of Lake City tragically lost his life along with his fellow space shuttle crew members on January 28, 1986; and
Whereas, Ron McNair was an exemplary person who was respected, admired, and loved by people throughout the world; and
Whereas, his fellow South Carolinians were especially proud of Ron McNair and rejoiced in all of his accomplishments; and
Whereas, he will always be lovingly remembered as a courageous man who was willing to take great risks so that his country, and the world, might benefit; and
Whereas, the tragedy of January 28, 1986, should not be allowed to overshadow the happy and lasting achievements of the American space program and of great men such as Ron McNair; and
Whereas, the members of the General Assembly would like the members of Ron McNair's family to know that our thoughts and prayers have been with them in this most difficult time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the tragic death of Astronaut Dr. Ronald McNair of Lake City, South Carolina, and extend heartfelt sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to the family of Dr. Ronald McNair.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SCHWARTZ, the House stood in silent prayer in memory of the late Dr. Ronald McNair.
The following was introduced:
H. 3374 -- Reps. K. Bailey, Bennett, Mitchell and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE KEN MIDDLETON OF COLDWELL BANKER MIDDLETON & ASSOCIATES ON BEING NAMED BY THE ORANGEBURG COUNTY BOARD OF REALTORS AS THE RECIPIENT OF THE REALTOR OF THE YEAR AWARD FOR 1985.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3375 -- Reps. Rawl, Holt, Gregory, Davenport, Harvin, Lockemy and J. Rogers: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO MAKE A COMPREHENSIVE STUDY OF THE APPROPRIATE ROLE OF THE TAX COMMISSION IN ADMINISTERING THE TAX LAWS OF THIS STATE RELATIVE TO THE FAIR TREATMENT AND THE RIGHTS OF TAXPAYING CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 3376 -- Agriculture and Natural Resources Committee: A CONCURRENT RESOLUTION TO CONGRATULATE HARRY BELL, PRESIDENT OF THE SOUTH CAROLINA FARM BUREAU, UPON HIS ELECTION AS VICE-PRESIDENT OF THE AMERICAN FARM BUREAU FEDERATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3377 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 20, 1986, AS HISTORY DAY IN SOUTH CAROLINA, AND AUTHORIZING THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.
Whereas, it behooves state and local government officials and educators to emphasize and direct the attention of our citizens to the importance of being knowledgeable about the history of our great State of South Carolina; and
Whereas, it is the responsibility of educators to expose students to the value and rewards and satisfaction in the study of history and particularly the history of South Carolina; and
Whereas, state and local leaders are requested to provide for the proper observance of this day; and
Whereas, Dr. Charles G. Williams is requested to notify all school principals to call attention to History Day; and
Whereas, the presidents of all colleges, universities, and technical colleges are requested to emphasize South Carolina history in observance of this day; and
Whereas, it would be fitting for the Confederation of South Carolina Local Historical Societies, which represents the forty-six county historical societies and many other history-related organizations, to use the Hall of the House of Representatives on History Day for an appropriate celebration of this important event. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates November 20, 1986, as History Day in South Carolina and authorizes the Confederation of South Carolina Local Historical Societies to use the Hall of the House of Representatives on that day for the celebration of this event.
Be it further resolved that a copy of this resolution be forwarded to each of the following: the Honorable Richard W. Riley, Governor of South Carolina; Dr. Charles G. Williams, State Superintendent of Education; the presidents of all colleges, universities, and technical colleges in South Carolina; A. Jack Blanton, P.O. Box 998, Gaffney, S.C., 29342, president of the Confederation of South Carolina Local Historical Societies; Mrs. William A. McIntosh, 603 West Richardson Avenue, Summerville, S.C., 29483, vice president of the Confederation; Mrs. Sarah C. Spruill, 230 Third Street, Cheraw, S.C., 29520, secretary; Horace Harmon, P.O. Box 637, Lexington, S.C., 29072, treasurer; Frank Cunningham, 850 Glendalyn Avenue, Spartanburg, S.C., 29302, District 1 representative to the executive council of the Confederation; Mrs. Charles I. Allen, 101 Arrowood Lane, Laurens, S.C., 29360, District 2 representative; D. Lindsay Pettus, P.O. Box 1075, Lancaster, S.C., 29720, District 3 representative; Mrs. Blake Edmunds, Jr., 1325 Westminster Drive, Columbia, S.C., 29205, District 4 representative; Mrs. Jane C. Davis, 432 Berrie Road, Aiken, S.C. 29801, District 5 representative; Alex Harvin, P.O. Box 266, Summerton, S.C., 29148, District 6 representative; Mrs. Kevin Kennedy, 418 Cashua Street, Darlington, S.C., 29532, District 7 representative; Mrs. Patrick J. Doyle, 728 Front Street, Georgetown, S.C., 29442, District 8 representative; Mrs. J. Norman Walsh, P.O. Box 4753, Pinopolis, S.C., 29469, District 9 representative; and C. Somers Miller, P.O. Box 1007, Beaufort, S.C. 29902, District 10 representative.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3378 -- Rep. Harvin: A CONCURRENT RESOLUTION URGING POPE JOHN PAUL II TO VISIT THE STATE OF SOUTH CAROLINA DURING HIS 1987 VISIT TO THE UNITED STATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3379 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING W. RAY BROWN, MANNING CITY ADMINISTRATOR, CLARENDON COUNTY, FOR MASTERMINDING THE REORGANIZATION PLAN FOR THE CITY OF MANNING WHICH WON THE GOVERNOR'S AWARD FOR EXCELLENCE IN PRODUCTIVITY IMPROVEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3380 -- Reps. Gordon, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Schwartz, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC DEATH OF ASTRONAUT DR. RONALD E. MCNAIR OF LAKE CITY, SOUTH CAROLINA, AND EXTEND HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, it was with shock and disbelief that the entire nation watched the tragic accident on January 28, 1986, during the catastrophic launching of the Challenger space shuttle during which the crew was killed; and
Whereas, Dr. Ronald E. McNair, a lasar physicist, is the second black to be assigned to a flight by NASA; and
Whereas, as a native South Carolinian and a resident of Lake City, South Carolina, Ron McNair was a hero of the entire State and was particularly admired for his accomplishments in so many fields; and
Whereas, he will always be remembered as a courageous man who was willing to take great risks to span new horizons for mankind; and
Whereas, the tragedy of January 28, 1986, should not be allowed to overshadow the happy and lasting achievements of the American space program and of great men such as Ron McNair; and
Whereas, the members of the General Assembly would like the members of Ron McNair's family to know that our thoughts and prayers are with them in this most difficult time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the tragic death of Astronaut Dr. Ronald McNair of Lake City, South Carolina, and extend heartfelt sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to the family of Dr. Ronald McNair.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 904 -- Senator Waddell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE PURVIS W. COLLINS, DIRECTOR OF THE SOUTH CAROLINA RETIREMENT SYSTEM, ON BEING SELECTED BY THE EDITORIAL ADVISORY BOARD OF PENSION WORLD MAGAZINE AS THE RECIPIENT OF ITS ANNUAL AWARD IN RECOGNITION OF HIS CONTRIBUTIONS IN THE PROFESSIONAL FIELD OF BENEFITS ADMINISTRATOR --PUBLIC SECTOR.
Rep. MANGUM explained the Resolution.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 912 -- Senators Hinson, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, N.W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE SHOCK OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC EXPLOSION OF THE SPACE SHUTTLE, CHALLENGER, WHICH CLAIMED THE LIVES OF ITS SEVEN CREW MEMBERS INCLUDING MISSION SPECIALIST, RONALD E. MCNAIR, A NATIVE OF LAKE CITY, AND TO EXPRESS THE DEEPEST SYMPATHY OF ALL SOUTH CAROLINIANS TO THE FAMILIES OF THESE BRAVE ASTRONAUTS IN THIS TIME OF SORROW.
Whereas, the members of the General Assembly, as all Americans, were shocked and stunned by the tragic explosion of the space shuttle, Challenger, late Tuesday morning on January 28, 1986, which claimed the lives of the seven crew members, including Mission Specialist Ronald E. McNair, a native of Lake City; and
Whereas, each of these seven brave space explorers knew that danger was a part of their mission but with steadfast courage they accepted these risks and with vigorous determination pressed on to probe the new frontiers of space; and
Whereas, there can be no more fitting memorial to the sacrifices of these brave astronauts than for America, through the National Aeronautics and Space Administration, to continue its quest in space so that man may reap the benefits of the scientific and medical knowledge that we gather from our manned and unmanned space travels; and
Whereas, all South Carolinians in this time of national sadness join with the wives, husbands, children and families of these fallen heroes in mourning their sudden and tragic loss; and
Whereas, the members of the General Assembly, by this resolution, would like to extend their sincere condolences and deepest sympathy to the families of each of these brave Americans in this time of sorrow. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby express their shock at the tragic explosion of the space shuttle, Challenger, which claimed the lives of its seven crew members including Mission Specialist Ronald E. McNair, a native of Lake City, and on behalf of all South Carolinians express their deepest sympathy to the families of these brave astronauts in this time of sorrow.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 913 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar, McConnell, Horace C. Smith, E. Patterson and Lee: A CONCURRENT RESOLUTION TO COMMEND MRS. DOROTHY S. JOLLY OF SPARTANBURG COUNTY FOR HER MANY YEARS OF UNSELFISH AND LOYAL SERVICE AS AN EMPLOYEE WITH THE SPARTANBURG COUNTY DEPARTMENT OF SOCIAL SERVICES AND TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HER EXAMPLE AND DEDICATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 914 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar, McConnell and Land: A CONCURRENT RESOLUTION TO COMMEND MARY B. LOWMAN OF CLARENDON COUNTY FOR HER MANY YEARS OF SERVICE IN THE OFFICE OF THE DIRECTOR OF HEALTH PROGRAMS WITH THE DEPARTMENT OF MENTAL RETARDATION AND TO EXTEND BEST WISHES UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 915 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar, McConnell and Martin: A CONCURRENT RESOLUTION TO COMMEND MRS. EUNICE T. MADDOX OF WINNSBORO, FAIRFIELD COUNTY, FOR HER MANY YEARS OF SERVICE AS HEAD OF THE REGISTRATION DEPARTMENT IN THE MOTOR TRANSPORTATION DIVISION OF THE PUBLIC SERVICE COMMISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 916 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar and McConnell: A CONCURRENT RESOLUTION TO COMMEND MRS. MINNIE T. SCOTT OF RICHLAND COUNTY FOR HER MANY YEARS OF DEDICATED AND LOYAL SERVICE WITH THE STATE TAX COMMISSION.
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. 3381 -- Reps. Hearn, M.D. Burriss, T.M. Burriss, Evatt and Toal: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF REAL PROPERTY ACCORDING TO USE FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE AUTHORITY FOR THE LOCAL TAXING AUTHORITY TO EXTEND THE TIME FOR FILING THE APPLICATION FOR THE FOUR PERCENT ASSESSMENT RATIO ON A SATISFACTORY SHOWING OF REASONABLE CAUSE FOR FAILING TO FILE AND TO PROVIDE THAT APPLICATIONS MAY BE ACCEPTED AFTER THE MAY FIRST DEADLINE UPON PAYMENT OF A LATE APPLICATION PROCESSING FEE SET BY THE GOVERNING BODY OF THE COUNTY IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE DOLLARS.
Referred to Committee on Ways and Means.
H. 3382 -- Reps. Rawl, Aydlette, Washington, Taylor, Foxworth and Mitchell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE PARI-MUTUEL BETTING CONDUCTED BY THE STATE.
Referred to Committee on Ways and Means.
H. 3383 -- Reps. Rawl, Aydlette, Gilbert, Washington, Foxworth, Taylor and Mitchell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED BY THE STATE.
Referred to Committee on Ways and Means.
H. 3384 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS; AND TO ADD SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS.
Without reference.
H. 3385 -- Rep. Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 18-1-180 SO AS TO PROVIDE THAT ANY PERSON WHO PLEADS GUILTY TO MURDER DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED IN ANY MANNER IN THE COURTS OF THIS STATE, NOTWITHSTANDING THE PROVISIONS OF SECTION 16-3-20.
Referred to Committee on Judiciary.
H. 3386 -- Reps. Thrailkill, Pearce, Stoddard, L. Phillips, Rhoad, Sharpe, Barfield, Kirsh and H. Brown: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.
Rep. THRAILKILL asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. BEASLEY objected.
Referred to Committee on Education and Public Works.
H. 3387 -- Rep. Lewis: A BILL TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL APPROPRIATIONS ACT), AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.
Referred to Committee on Ways and Means.
H. 3388 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTION 40-35-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS SO AS TO REMOVE THE PUBLIC MEMBER FROM THE BOARD; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3389 -- Reps. Washington, R. Brown, Holt, K. Bailey, Aydlette, Foxworth, P. Bradley, Williams, D. Martin, Gordon and O. Phillips: A BILL TO PROVIDE STATE AID FOR THE SALARY OF ONE FULL-TIME GUIDANCE COUNSELOR FOR EVERY ONE THOUSAND PUPILS IN AVERAGE DAILY ATTENDANCE AT ELEMENTARY SCHOOLS IN THE STATE, TO PROVIDE FOR THE ALLOCATION OF THIS AID TO THE SCHOOL DISTRICTS, AND TO REDUCE THE COUNSELOR-PUPIL RATIO TO ONE FOR EVERY SEVEN HUNDRED FIFTY PUPILS WITHIN FIVE YEARS.
Referred to Committee on Ways and Means.
S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.
Referred to Committee on Education and Public Works.
S. 341 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO PROVIDE THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED WITH AND APPROVED BY ONLY ONE MEMBER OF THE INDUSTRIAL COMMISSION UNDER CERTAIN CONDITIONS AND BY THREE MEMBERS OF THE INDUSTRIAL COMMISSION UNDER CERTAIN OTHER CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 770 -- Senator Bryan: A BILL TO AMEND ACT 6 OF 1959, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 55 IN LAURENS COUNTY, SO AS TO REVISE THE ATTENDANCE AREAS IN WHICH CERTAIN MEMBERS OF THE BOARD MUST RESIDE.
Without reference.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Fair Felder Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Kohn Koon Lake Lewis Limehouse Lockemy Mangum Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington White Wilkins Williams Winstead Woodruff
I came in after the roll call and was present for the Session on Jan. 29, 1986.
Rick Rigdon Lenoir Sturkie Warren D. Arthur IV
LEAVE OF ABSENCE
The SPEAKER granted Rep. DAY a leave of absence for the day due to illness.
Rep. ROBERT B. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on January 23, 1986.
Rep. EDWARDS 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, January 28.
Rep. EDWARDS, with unanimous consent, made a statement relative to Joint Legislative Committee on Energy.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3364 -- Reps. Marchant, Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY SO AS TO REVISE THE POLLING PLACE OF GREENVILLE PRECINCT 14.
S. 483 -- Senator E. Patterson: A BILL TO REPEAL CHAPTER 47, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEXUAL STERILIZATION.
Rep. WINSTEAD explained the Bill.
Rep. J. W. JOHNSON moved to reconsider the vote whereby the following Bill was ordered to be given a second and third reading the next two successive legislative days which was agreed to.
S. 871 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.
Rep. J. W. JOHNSON moved to adjourn debate upon the Bill until Tuesday, February 4, which was adopted.
The following Bill was taken up.
H. 2958 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 40-15-70, 40-15-110, 40-15-130, 40-15-140, AS AMENDED, 40-15-170, 40-15-190, 40-15-200, AS AMENDED, 40-15-210, 40-15-250, 40-15-300, AND 40-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO TO CHANGE THE REFERENCE TO COUNCIL ON DENTAL EDUCATION OF THE AMERICAN DENTAL ASSOCIATION TO THE COMMISSION ON DENTAL ACCREDITATION, TO ALSO DEFINE THE PRACTICE OF DENTISTRY TO INCLUDE ANYONE WHO OWNS OR LEASES AN ESTABLISHMENT OF ANY KIND IN WHICH DENTAL SERVICES ARE PERFORMED; TO PERMIT DENTAL ASSISTANTS AND HYGIENISTS TO TAKE IMPRESSIONS UNDER SUPERVISION OF A DENTIST; TO PERMIT DENTISTS AND DENTAL SPECIALISTS TO ADVERTISE, REQUIRE DENTISTS PRACTICING UNDER A TRADE NAME OR AS AN EMPLOYEE OF A DENTIST OR OF A PROFESSIONAL ASSOCIATION TO DISPLAY HIS NAME AND PLACE OF PRACTICE AT THE ENTRANCE WHERE PRACTICE IS CONDUCTED AND TO WEAR A NAME TAG; TO REQUIRE APPLICANTS FOR LICENSE TO PRACTICE DENTISTRY TO PRESENT EVIDENCE OF GOOD MORAL CHARACTER AND A NONRESIDENT APPLICANT TO CERTIFY THAT HE HAS NOT VIOLATED THIS ACT AND TO PROVIDE THAT THE APPLICANT'S FEE BE FIXED BY REGULATION; TO PROVIDE THAT THE LICENSE OF A DENTIST OR DENTAL HYGIENIST WHO DOES NOT RESIDE OR PRACTICE IN THIS STATE FOR SIX SUCCESSIVE YEARS IS INACTIVE INSTEAD OF REVOKED; TO PROVIDE GROUNDS FOR REVOCATION, SUSPENSION, PROBATION, REPRIMAND, OR OTHER RESTRICTION OF THE LICENSE OF A DENTIST, DENTAL HYGIENIST, OR TECHNICIAN; TO PROVIDE FOR A PUBLIC OR PRIVATE REPRIMAND FOR VIOLATION OF THIS ACT AND PLACE THE PARTY ON PROBATION OR IMPOSE A FINE OF UP TO ONE THOUSAND DOLLARS; TO PROVIDE A PENALTY; AND TO PROVIDE THAT THE FEE FOR THE EXAMINATION FOR LICENSING SPECIALISTS IS FIXED BY REGULATION AND EXEMPT DIPLOMATES OF A NATIONAL CERTIFYING BOARD; AND TO AMEND THE CODE BY ADDING SECTIONS 40-15-215, 40-15-390, AND 40-15-400 SO AS TO PROVIDE THAT FINAL ORDERS OF THE BOARD THAT THE DENTIST, DENTAL HYGIENIST, OR TECHNICIAN IS GUILTY ARE MADE PUBLIC UNLESS THE ACCUSATION IS DISMISSED, PROVIDE THAT DENTISTS MAY NOT BE DENIED MEMBERSHIP ON THE MEDICAL STAFF OF A STATE LICENSED HOSPITAL, AND PERMIT AN INSURED TO CHOOSE ANY LICENSED DENTIST TO PROVIDE DENTAL SERVICES UNDER ACCIDENT AND HEALTH CARE INSURANCE OR DENTAL PLAN.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5628k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 40-15-70 of the 1976 Code is amended to read:
"Section 40-15-70. Any A person shall be deemed to be is practicing dentistry who:
(1) Uses the word 'dentist', 'dental surgeon', or the letters 'D.D.S.', 'D.M.D.', or other letters or titles in connection with his name which in any way represents him as engaging in the practice of dentistry or in the administration of any dental health program; or
(2) For a fee or other consideration:
(a) Shall profess or indicate in any manner that he can or will attempt to perform dental procedures in the oral cavity and associated adjacent structures; or
(b) Shall diagnose or treat or profess to diagnose or treat any diseases or lesions or conditions of the oral cavity and associated adjacent structures; or
(c) Shall extract teeth, correct malpositions of the teeth or jaws, or take impressions, or construct, supply, repair, reline, or duplicate artificial teeth as substitutes for natural teeth, or adjust such substitutes, or do any practice included in the curricula of dental colleges accredited by the Council on Dental Education of the American Dental Association Commission on Dental Accreditation, or administer or prescribe such drugs or therapy as shall be utilized in the treatment of dental or oral diseases, or shall use X-ray for dental treatment or dental diagnostic purposes ; , or shall administer anaesthetics, local or general, for dental procedures; or
(d) Shall teach or profess to teach any phase of dental practice or related procedures.
SECTION 2. The 1976 Code is amended by adding:
"Section 40-15-95. The term "orthodontic technological work" as used in this chapter is hereby defined as the extra-oral procedures of constructing, making, altering , repairing or duplicating of orthodontic appliances. The persons performing orthodontic technological work, other than dentists, shall be referred to as orthodontic technicians. For the purposes of this chapter references to dental technicians or dental technological work include orthodontic technicians and orthodontic technological work unless specific reference is made to orthodontic technicians or orthodontic technological work."
SECTION 3. Section 40-15-110 of the 1976 Code is amended to read:
"Section 40-15-110. Nothing in this chapter shall may be construed to prevent the practice of medicine by a licensed physician or the administration of anaesthesia by those persons otherwise qualified by law to do so; or to prevent the performance of official duties by commissioned dental or medical officers of the United States Army, Navy, Air Force, Veterans' Administration, or United States Public Health Service; or to prevent any person from teaching or demonstrating dentistry or related procedures at a dental society meeting or at a dental convention or at an accredited dental college; or to prevent a licensed dentist of another state or country from performing duties in connection with a specific case for which he may have been is called into the State by a dentist licensed in this State; or to prevent dental students from performing dental procedures under the supervision of instructors in any dental school in this State accredited by the Council on Dental Education of the American Dental Association Commission; or to require a license for interns or residents enrolled in an intern or residency training program approved by the Council on Dental Education of the American Dental Association Commission; or prevent licensed dental hygienists or registered dental technicians from teaching in programs accredited by the Council on Dental Education of the American Dental Association Commission.
A dentist licensed in another state teaching in a dental college in South Carolina accredited by the Council on Dental Education of the American Dental Association Commission shall be is exempt from the licensure requirement unless he engages in the intramural or private practice of dentistry.
Nothing in this chapter shall prevent prevents a person from making roentgenograms or X-ray exposures under the supervision of a licensed dentist or prevent prevents persons licensed to practice dental hygiene from performing an intra-oral dental hygiene procedure if it is performed under the direction and control of a licensed dentist present on the premises.
Nothing in this chapter shall prevent prevents a person from performing dental or orthodontic technological work provided if:
(a) The intra-oral procedures relative to such work are performed by a licensed dentist, and
(b) Such The work is performed by or under the direction and control of a licensed dentist and on his premises, or by or under the direction and control of a registered dental or orthodontic technician present on the premises, provided however that orthodontic work performed under the direction and control of a registered orthodontic technician is limited to orthodontic technological work and
(c) Such The work is performed pursuant to a properly executed work authorization, as described elsewhere in this chapter, if the work is to be done by or under the direction and control of a registered dental or orthodontic technician.
Unlicensed personnel in a dental office may perform tasks which require no formal dental training only when they do so under the direct supervision of a licensed dentist present on the premises but such tasks shall not include diagnosis or treatment, the taking of impressions of the teeth or mouth, or the insertion or adjustment of dentures or bridges.
Additional tasks permitted to be performed by unlicensed personnel may be outlined from time to time by the Board by appropriate rules and regulations.
Nothing in this chapter prevents a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises.
Unlicensed personnel in a dental office may perform those tasks as authorized by the board and for which minimal training standards and qualifications are established by regulation. All tasks permitted to be performed by other than licensed personnel must be under the direct supervision of a dentist present on the premises and licensed in South Carolina."
SECTION 4. Section 40-15-120 of the 1976 Code is amended to read:
"Section 40-15-120. Any person who:
(a) Practices, attempts or offers to practice dentistry or dental hygiene in the State without having been licensed by the Board; or
(b) Practices, attempts or offers to practice dentistry or dental hygiene, or performs dental technological work in the State during any period of suspension or revocation of his license or registration certificate; or
(c) Performs dental technological work without being registered by the Board or if unregistered, without performing such work under the direction and control of a registered dental technician present on the premises, or under the direction and control of a licensed dentist and on his premises; or
(d) Performs orthodontic technological work without being a registered dental or orthodontic technician or if unregistered, without performing such work under the direction or control of a registered dental or orthodontic technician and on his premises, or under the direction and control of a licensed dentist and on his premises; Shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars, or imprisoned not more than six months, or both, in the discretion of the court. Each day upon which such acts are performed shall constitute a separate offense."
SECTION 5. Section 40-15-130 of the 1976 Code is amended to read:
"Section 40-15-130. It shall be unlawful for any dentist or dental hygienist to practice in this State under any name except his own true name; to use the word 'company,' 'association' or 'corporation' in connection with his dental practice other than in compliance with the South Carolina Professional Association Act; or to aid or assist, in any manner, any unlicensed person to practice dentistry or dental hygiene. Anyone who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or imprisoned not more than six months, or both, in the discretion of the court. Each day upon which such acts are performed shall, in the discretion of the court, constitute a separate offense.
Dentists may advertise their services so long as these public communications are not false, deceptive, or misleading and do not attempt to create any impression, unsupported by fact, of superior skills or qualifications of those who practice thereunder. Licensed dental specialists may announce their specialization and may advertise their services so long as the public communications are not false, deceptive, or misleading.
Every dentist practicing dentistry under a trade name and every dentist practicing as an employee of another licensed dentist or a partnership or of a professional association shall cause his name and licensed area of practice to be conspicuously displayed and kept so displayed in a conspicuous place at the entrance of the place where the practice is conducted.
Dentists may practice or continue to practice under trade names so long as the names are not false, deceptive, or misleading and do not attempt to create any impression of superior skills or qualifications of those who practice thereunder."
SECTION 6. Section 40-15-140 of the 1976 Code, as last amended by Act 117 of 1981, is further amended to read:
"Section 40-15-140. It shall be is the duty of the Board to examine (or cause to be examined) all qualified applicants for a license to practice dentistry or dental hygiene or who desire to be registered as dental technicians in this State. No examination is required to be registered as an orthodontic technician. Prior to admittance to the examination or the registration of an orthodontic technician, each applicant shall produce evidence satisfactory to the Board that he possesses good moral character. If the Board refuses an applicant admission to the examination or registration as an orthodontic technician because of unsuitable moral character the Board shall notify the applicant in writing and set forth in detail the reason supporting the Board's decision. An applicant who holds a license or certificate from any jurisdiction shall certify that he has not violated any of the provisions of the Dental Practice Act governing his prior license or practice or operation. In addition, Each each applicant shall present the following:
(a) In the case of applicants to practice dentistry or dental hygiene, satisfactory evidence of graduation from a dental college or school of dental hygiene, respectively, accredited by the American Dental Association Commission.
(b) In the case of applicants who desire to be registered as dental technicians, a high school diploma, or its equivalent, and satisfactory evidence of successful completion of a full two-year course of study in a school for dental technological work acceptable to the board, or in lieu of the dental school program, the applicant must have performed dental technological work under the direct supervision of a licensed dentist or registered dental technician for a period of at least three years.
The application must be received by the Board not less than forty-five days before the examination date. and An application for registration as an orthodontic technician may be submitted at any time. each Each applicant shall pay to the Board a fee as prescribed by the Board it not to exceed one hundred dollars by rules and regulations. Each applicant must satisfactorily pass the examination prepared by the Board on subjects and operations pertaining to dentistry that are regularly taught in such accredited schools. The examination shall must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any combination of such methods as the Board may in its discretion require. The Board shall grade each examination and inform the applicant of the result within a reasonable time after the date thereof. The Board shall issue a numbered license to each person who passes the dental or dental hygiene examination a and a numbered certificate to each person who passes the dental technician examination and to each applicant to be registered as an orthodontic technician. All examination papers shall must be retained by the Board for two years and upon request be available for inspection by a person examined.
Dentists , and dental hygienists , and dental technicians who are validly licensed or registered in this State as of April 13, 1968, shall be are exempt from reexamination except in instances where application for relicensing or reregistration is made following a period of suspension or revocation of a license or registration certificate, in which instances reexamination shall be is discretionary with the Board."
SECTION 7. Section 40-15-170 of the 1976 Code is amended to read:
"Section 40-15-170. The secretary of the Board shall on or about the fifteenth day of October, of each year, send a reregistration application to the last address furnished the Board of each person licensed or registered by the Board. The failure to receive such the application shall does not excuse a failure to reregister, as required by this chapter. An annual registration fee, to be set by the Board, shall cover fully all costs and is payable by each licensed dentist and dental hygienist and each registered dental technician not later than the thirty-first of December. If reregistration is not completed by the thirty-first of December, the fee shall must be doubled. If the licensee or dental technician fails to reregister by the thirtieth of June of the following year, the secretary of the Board shall notify the licensee or dental technician by registered mail at his last known address that failure to reregister by the first of October will result in the license or registration expiring as of the first of October. Any expired license may be reinstated or any dental technician may be reregistered by taking the licensure or dental technician examination or appearing in person before the Board with a satisfactory explanation for the failure to reregister. An orthodontic technician may be reregistered by submitting a completed application or appearing in person before the Board with a satisfactory explanation for the failure to reregister. It is the responsibility of each licensee or dental technician to keep the office of the secretary notified of his current mailing address.
If an individual's license to practice dentistry or dental hygiene is revoked by another state for cause this shall, in the discretion of the Board, constitute grounds for revocation of his South Carolina license. The license of a dentist or dental hygienist who does not either reside or practice in South Carolina for a period of six successive years shall be deemed revoked is considered inactive. Provided, that the The time spent in active service by any person in the armed forces or public health service of the United States or with the Veterans' Administration shall is not be construed as absence from or failure to practice in the State. Relicensing after an absence of over six years can may be made at the discretion of the Board upon proof of high professional fitness and moral character."
SECTION 8. Section 40-15-190 of the 1976 Code is amended to read:
"Section 40-15-190. The Board shall suspend or revoke the license of any dentist or dental hygienist or the registration certificate of a dental technician when it is established to its satisfaction that he:
(1) Is an habitual user of intoxicants or drugs, or is afflicted with psychiatric disorders or other diseases deemed dangerous to the public health or safety, to such extent as to render him unfit for the practice of dentistry or dental hygiene or the performance of dental technological work; or
(2) Is grossly incompetent in the practice of dentistry or dental hygiene or the performance of dental technological work; or
(3) As a dentist or dental hygienist, has been guilty of: (a) Fraud or deceit or misrepresentation in obtaining a license; (b) practicing fraud or deceit upon his patients; (c) employing or permitting any unlicensed person to practice dentistry or dental hygiene except as herein authorized; (d) publication or circulation, directly or indirectly of any fraudulent, false or misleading statements as to skill or methods of practice of any dentist or dental hygienist; (e) advertising his professional services in a manner not expressly authorized by the Board; (f) using a solicitor or other agent to obtain patronage; (g) the public exhibition of specimens of dental work, large display signs or lighted signs, electric or neon, or any similar method of calling the attention of the public to any person engaged in the practice of dentistry or dental hygiene; (h) failure to provide and maintain reasonable sanitary facilities and conditions; (i) failure to provide adequate radiation safeguards; (j) instructing, advising or requiring a patient to deal directly with an individual or organization performing dental technological work; or, (k) violating any other provision of this chapter regulating the practice of dentistry or dental hygiene.
(4) As a dental technician, has been guilty of: (a) Soliciting or accepting work from the general public; (b) fraud, deceit or misrepresentation in obtaining a certificate of registration; (c) fraud, deceit or misrepresentation in his dealings with licensed dentists; (d) advertising his services in a manner not expressly authorized by the Board; or, (e) violating any provision of this chapter.
The Board may suspend or revoke the license of any dentist or dental hygienist or the registration certificate of a dental technician when it is established to its satisfaction that he has been convicted of a felony or of a crime involving narcotics. Forfeiture of bond or a plea of guilty or nolo contendere shall be considered as the equivalent of conviction.
Misconduct which constitutes grounds for revocation, suspension, probation, reprimand, or other restriction of a license or certificate or a limitation or other discipline of a dentist, dental hygienist, or dental technician is when the holder of a license or certificate:
(1) Has made any false, fraudulent, or forged statement or document, or committed any fraudulent, deceitful, or dishonest act in connection with any of the licensure or registration requirements;
(2) Has been convicted of a felony or any other crime involving moral turpitude or controlled substances.
Forfeiture of bond or a plea of nolo contendere is equivalent of a conviction.
(3) Is unable to practice dentistry, dental hygiene, or perform dental technological work with reasonable skill and safety to patients by reason of physical illness or disability, mental illness, or the illness of alcoholism or substance abuse.
(4) Has employed or permitted any unlicensed or unregistered person to practice dentistry or dental hygiene or to perform dental technological work except as permitted under this chapter.
(5) Has published, circulated, or made public in any manner, either directly or indirectly, any false, fraudulent, deceptive, or misleading statements as to the skill or methods or practice of any dentist, dental hygienist, or dental technologists.
(6) Has instructed, advised, or required a patient to deal directly with an organization or individual performing dental technological work.
(7) Has failed to provide and maintain reasonable sanitary facilities or conditions.
(8) Has failed to provide adequate radiation safeguards.
(9) Has violated the principles of ethics in the practice of dentistry as promulgated in the regulations of the State Board of Dentistry.
(10) Has practiced fraud or deceit in the practice of dentistry or dental hygiene or the performance of any dental technological work.
(11) Has represented the care being rendered to a patient or the performance of dental technological work, or the fees being charged for providing the care or work, in a false or misleading manner.
(12) Has used any false, fraudulent, deceptive, or misleading statements in any document including, but not limited to, claims for reimbursement from third parties, connected with the practice of dentistry, dental hygiene, or dental technological work.
(13) Has obtained any fee which is charged or any reimbursement from third parties, or has assisted in obtaining the fees or reimbursement through dishonesty or under false or fraudulent circumstances.
(14) Has been grossly incompetent in the practice of dentistry, dental hygiene, or the performance of dental technological work.
(15) Has violated any other provisions of this chapter regulating the practice of dentistry, dental hygiene, or dental technological work or the regulations promulgated by the Board.
(16) Has committed any act which would constitute battery upon a patient.
(17) Has solicited or accepted dental technological work directly from the general public.
(18) Has engaged in fraud, deceit, or misrepresentation in dealings with licensed dentists.
SECTION 9. Section 40-15-200 of the 1976 Code, as last amended by Act 432 of 1982, is further amended to read:
"Section 40-15-200. If the Board shall be is satisfied that the dentist, dental hygienist, or dental technician is guilty of any offense charged in the formal accusation provided for in this chapter, it shall may thereupon revoke or suspend the license or the registration certificate, reprimand the dentist, dental hygienist, or dental technician either publicly or privately, or take any other reasonable action short of revocation or suspension, such as probation or the imposition of a fine of up to one thousand dollars to be paid into the general fund except for expenses incurred by the Board in the procuring, or requiring the person to undertake additional professional training subject to the direction and approval of the board, psychiatric evaluations, controlled substance restrictions, institutional practice under supervision, and any other actions deemed considered appropriate by the board. The board may also impose such restraint upon the license or registration certificate of the licensee or the holder of the registration certificate as circumstances warrant until the licensee or holder of the registration certificate demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused.
Any decision by the board to revoke, suspend, or otherwise restrict or limit a license or registration certificate or otherwise discipline a licensee or holder of a registration certificate shall must be by majority vote of the members of the board eligible to participate and shall be is subject to review by the circuit court upon petition filed by the licensee or holder of a registration certificate with the court and a copy thereof served upon the director of the board within thirty days from the date of delivery of the board's decision to the licensee or holder of the registration certificate. Such The review shall be is limited to the record established by the board hearing governed by Act 176 of 1977."
SECTION 10. Section 40-15-210 of the 1976 Code is amended to read:
"Section 40-15-210. The person whose license or registration certificate has been suspended or revoked may, within thirty days, appeal from the action of the Board in suspending or revoking the same to the court of common pleas of the county in which he resides. The proceeding before the court of common pleas, sitting in its equity powers, shall be de novo. The Board shall certify to the court for its consideration a record of the hearing before the Board and either party may introduce additional evidence in the hearing before the court.
Any person who practices dentistry or dental hygiene or performs dental technological work, in violation of the provisions of this chapter, is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Each violation constitutes a separate offense. The provisions of this section apply to any person aiding or abetting in any violation of this chapter."
SECTION 11. The 1976 Code is amended by adding:
"Section 40-15-215. Any final order of the Board finding that a dentist, dental hygienist, or dental technician is guilty of any offense charged in a formal accusation is public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order or unless stayed by the court or the Board. Any final order which is made public may be mailed to local and state dental associations and all hospitals in which the respondent has staff privileges, to states where the dentist, dental hygienist, or dental technician has a license or certificate as known to the Board, or to any other agency the Board considers appropriate. If a license or certificate is voluntarily limited or surrendered by the holder, a public record of the existence and duration of the limitation or surrender must be maintained by the Board, and no further distribution of the information may be made. All information, investigations, and proceedings concerning the circumstances underlying an action by the holder of the license or certificate is privileged and confidential."
SECTION 12. Section 40-15-250 of the 1976 Code is amended to read:
"Section 40-15-250. Examinations for licensing as specialists shall be are held annually or as the Board may determine. Such The examinations shall must be theoretical and practical. The theoretical examinations shall include subjects represented in that recognized special area of dentistry in which the applicant desires to specialize. The examination shall must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any combination of such the methods as the Board may in its discretion require. The fee for such the examinations and special license shall be is not more than one hundred dollars prescribed in the regulations of the Board. Any applicant who shall fail fails to pass the examination may apply for a subsequent examination, in which case he shall pay to the secretary a fee of not more than one hundred dollars prescribed in the regulations of the board for each subsequent examination so applied for. A diplomate of a national certifying board recognized by the American Dental Association may be granted a specialty license without examination at the discretion of by the Board after satisfactory completion of the application and submission of fees applicable to other applicants. A dentist now holding a valid South Carolina specialty license shall is not be required to be reexamined for that specialty license after April 13, 1968."
SECTION 13. Section 40-15-300 of the 1976 Code is amended to read:
"Section 40-15-300. No person other than a licensed dentist, a student in an accredited dental school, or the recipient patient shall have in his possession any prosthetic or orthodontic model, impression, or appliance on which dental technological work has been, is being, or will be performed without having in his possession a properly executed written work authorization therefor. The Board shall have has authority to inspect the premises of any person licensed or registered by the Board to insure compliance with this section. Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises."
SECTION 14. Section 40-15-320 of the 1976 Code is amended to read:
"Section 40-15-320. Any dental prosthetic or orthodontic model, impression, or appliance in the possession of any person other than a dentist, a student at an accredited dental school, or recipient patient without a written work authorization and corresponding number or identification on the model, impression, or appliance shall must be impounded by the Board and shall be is prima facie evidence of violation of this chapter.
Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises."
SECTION 15. This act shall take effect upon approval by the Governor.
Rep. OGBURN explained the amendment.
Rep. OGBURN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3332 -- 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 THE STATE OF SOUTH CAROLINA FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.
Rep. McABEE explained the Bill.
Reps. McKAY, McLEOD, GILBERT AND McEACHIN objected to the Bill.
Rep. SNOW moved to adjourn debate upon the following Bill, which was adopted.
H. 3337 -- Agriculture and Natural Resources Committee: A BILL TO REPEAL SECTIONS 39-19-240, 39-19-250, 39-19-260, 39-19-270, AND 39-19-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF TOBACCO WAREHOUSEMEN.
Rep. McLEOD moved to adjourn debate upon the following Bill until Tuesday, February 4, which was adopted.
H. 3339 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 7 SO AS TO PROVIDE STANDARDS GOVERNING CANCELLATION, NONRENEWAL, AND RENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE COVERAGES, INCLUDING, AMONG OTHER THINGS, THE ESTABLISHMENT OF UNLAWFUL ACTS.
The following Bill was taken up.
H. 2209 -- Reps. Cork, Aydlette, W. Arthur, Lloyd Hendricks, Cooper, Evatt, Woodruff, Huff, M.D. Burriss, Harvin, Marchant, Blanding, Koon, Carnell, Hawkins and Schwartz: A BILL TO AMEND ACT 190 OF 1979, RELATING TO FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE FIRE COMMISSION IS THE SINGLE SOURCE OF AUTHORITY TO PROMULGATE FIRE PREVENTION AND PROTECTION REGULATIONS AND TO PROVIDE THAT THE FIRE COMMISSION MAY NOT PROMULGATE REGULATIONS CONCERNING THE UNIFORM STANDARD FOR MANUFACTURED HOUSING; TO AMEND SECTION 23-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO AUTHORIZE PERSONS CERTIFIED BY THE STATE FIRE MARSHAL TO EXERCISE THE POWERS AND DUTIES OF THE STATE FIRE MARSHAL AND TO AMEND SECTION 23-9-60, AS AMENDED, RELATING TO FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO DELETE THE REFERENCE TO MINIMUM STANDARDS.
Rep. CORK proposed the following Amendment No. 3 (Doc. No. 0900R), which was adopted.
Amend the Report by the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, as follows:
In subsection (b) of Section 23-9-30 of the 1976 Code, as contained in SECTION 3, page 3, lines 5 and 6, by striking /anyone certified by the State Fire Marshal/ and inserting /any state or local governmental employee certified by the State Fire Marshal whose duties include inspection and enforcement of state or local fire safety codes and standards/.
In Section 10 of Act 190 of 1979, as contained in SECTION 5, page 3, lines 25 and 26, by striking /State Fire Commission/ and inserting /Division of State Fire Marshal of the Budget and Control Board/; on line 44 by striking /Commission/ and inserting /Marshal of the Budget and Control Board/; and on page 4, line 3, by striking /Commission/ and inserting /Marshal/.
In item (J) of Section 10 of Act 190 of 1979, as contained in SECTION 5, on page 4, line 42, by inserting after /Marshal/ /as ex officio without voting privileges/.
In Section 10 of Act 190 of 1979, as contained in SECTION 5, by adding new item (L) after line 45, page 4, to read:
/(L) One member from the State Fire Commission appointed by the chairman./
In SECTION 7, page 5, lines 28 and 29, by striking /State Fire Commission/ and inserting /Division of State Fire Marshal/; on line 30, by striking /1985-86/ and inserting /1986-87/; and on line 41, by striking /Commission/ and inserting /Marshal/.
Amend title to conform.
Rep. CORK explained the amendment.
The amendment was then adopted.
The Bill as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2762 -- Reps. P. Harris, J. Harris, Woods and Helmly: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION OF POTENTIALLY DANGEROUS PERSONS WHO ARE MENTALLY ILL, SO AS TO CHANGE THE TIME WITHIN WHICH A HEARING ON THE ADMISSION MUST BE HELD FROM TWENTY DAYS TO FROM TEN TO FIFTEEN DAYS.
Reps. J. BRADLEY, FOXWORTH, DANGERFIELD, D. MARTIN AND B. L. HENDRICKS objected to the Bill.
Debate was resumed on the following Bill, the pending question being the consideration of Bill, Rep. J. BRADLEY having the floor.
H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.
Reps. RICE, P. BRADLEY, MATTOS, AND L. PHILLIPS asked unanimous consent to withdraw their names as co-sponsors of amendment No. 5, which was agreed to.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, P. Carnell Foxworth Harvin Kohn Mangum Mattos McAbee Rawl Rice Washington
Those who voted in the negative are:
Schwartz Alexander Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Brett Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Davenport Derrick Evatt Fair Freeman Gilbert Gregory Griffin Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lake Lockemy Martin, D. Martin, L. McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Sheheen Shelton Stoddard Taylor Thrailkill Townsend Tucker White Williams Woodruff
So, the House refused to adjourn.
Rep. J. BRADLEY spoke against the Bill.
Rep. J. BRADLEY continued speaking.
Rep. HOLT moved to continue the Bill.
Rep. FREEMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, J. Aydlette Bailey, K. Blackwell Boan Bradley, J. Bradley, P. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Dangerfield Davenport Fair Foxworth Gilbert Gregory Hearn Holt Kay Kohn Martin, D. Mattos McAbee McBride McEachin McKay McLeod McTeer Nettles Phillips, L. Phillips, O. Rawl Rice Rigdon Rogers, T. Stoddard Washington Williams Winstead
Those who voted in the negative are:
Altman Anderson, S. Arthur, J. Barfield Beasley Bennett Brett Brown, G. Brown, H. Burriss, J.H. Cleveland Cork Derrick Edwards Elliott Faber Foster Freeman Gentry Harris, J. Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lake Lockemy Martin, L. Mitchell Neilson Ogburn Pearce Petty Russell Sharpe Sheheen Shelton Short Taylor Townsend Tucker Waldrop Woodruff
So, the House refused to continue the Bill.
Rep. J. BRADLEY continued speaking.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. FREEMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bennett Bradley, J. Bradley, P. Brown, H. Carnell Faber Fair Foxworth Harvin Hawkins Helmly Kohn McAbee Rawl Rice Rigdon Russell Waldrop Washington Winstead Woodruff
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, K. Barfield Beasley Blackwell Blanding Boan Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Davenport Derrick Elliott Foster Freeman Gentry Gilbert Gregory Harris, P. Hayes Hearn Hendricks, B. Hendricks, L. Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lake Lewis Limehouse Lockemy Marchant Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rogers, J. Rogers, T. Sharpe Sheheen Shelton Short Sturkie Taylor Thrailkill Townsend Tucker White Wilkins Williams
So, the House refused to adjourn.
Rep. J. BRADLEY moved to table the Bill.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Aydlette Bailey, K. Blackwell Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Chamblee Dangerfield Davenport Fair Foxworth Hearn Holt Jones Kay Kohn Marchant Martin, D. Mattos McAbee McEachin McKay McTeer Moss Nettles Phillips, L. Rawl Rice Rigdon Rogers, T. Washington Winstead
Those who voted in the negative are:
Altman Anderson, S. Arthur, J. Bailey, G. Beasley Brett Brown, G. Brown, H. Burriss, J.H. Cleveland Cooper Elliott Faber Foster Freeman Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Helmly Johnson, J.W. Keyserling Kirsh Klapman Lake Lewis Limehouse Lockemy Martin, L. McBride McLellan Neilson Ogburn Pearce Petty Russell Sharpe Sheheen Shelton Short Stoddard Taylor Townsend Tucker Waldrop White Wilkins Williams Woodruff
So, the House refused to table the Bill.
Rep. FOXWORTH proposed the following Amendment No. 8, which was adopted.
Amend as and if amended. Prior to the annexation of a public service district, or a portion thereof by an incorporated area, the incorporated area must publish in local periodicals 45 days prior to the election a comparison of present taxes and assessments as well as the intended tax and assessments for both the public service district and the incorporated area. This projection must be projected for one year.
Rep. FOXWORTH explained the amendment.
Rep. FREEMAN spoke against the amendment.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Bennett Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, T.M. Carnell Davenport Foxworth Harvin Helmly Holt Kohn Limehouse McAbee McLeod Rawl Rice Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, G. Barfield Blackwell Brett Burriss, M.D. Cleveland Cooper Cork Derrick Elliott Faber Freeman Gentry Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Hendricks, B. Hendricks, L. Huff Johnson, J.C. Jones Kay Keyserling Klapman Koon Lake Lockemy Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McTeer Moss Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rogers, T. Russell Sharpe Sheheen Shelton Short Snow Sturkie Taylor Townsend Tucker White Wilkins Williams Woodruff
So, the House refused to adjourn.
Rep. WASHINGTON moved to continue the Bill.
Rep. FREEMAN raised the Point of Order that one hour had not elapsed since similar motion was made, which point was sustained by the chair.
Rep. P. BRADLEY spoke in favor of the amendment.
Rep. FREEMAN moved to table the amendment.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Cleveland Cooper Faber Foster Freeman Gentry Gregory Harris, J. Harris, P. Hawkins Hayes Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman McLellan McTeer Ogburn Pearce Russell Sharpe Sheheen Short Stoddard Townsend Tucker White Williams
Those who voted in the negative are:
Alexander Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, K. Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Dangerfield Davenport Derrick Elliott Evatt Fair Foxworth Gilbert Harvin Hearn Helmly Holt Huff Jones Kay Kohn Koon Lake Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay Mitchell Moss Neilson Nettles Petty Phillips, O. Rawl Rice Rigdon Rogers, J. Rogers, T. Snow Sturkie Taylor Waldrop Washington Wilkins Winstead Woodruff
So the House refused to table the amendment.
Rep. TOWNSEND moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Bailey, K. Brown, G. Cooper Faber Foster Freeman Harris, P. Harvin Hayes Hendricks, B. Johnson, J.C. Johnson, J.W. Lewis Martin, L. McBride McLellan Mitchell Pearce Sharpe Sheheen Short Townsend Tucker
Those who voted in the negative are:
Alexander Anderson, J. Arthur, J. Arthur, W. Aydlette Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cork Davenport Derrick Elliott Evatt Fair Foxworth Gentry Gilbert Gregory Hawkins Hearn Helmly Hendricks, L. Holt Huff Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Lockemy Martin, D. Mattos McEachin McKay McLeod McTeer Moss Neilson Petty Phillips, L. Phillips, O. Rawl Rice Rigdon Russell Snow Stoddard Sturkie Taylor Thrailkill Waldrop Washington White Williams Winstead Woodruff
So, the motion for immediate cloture was rejected.
Rep. FREEMAN spoke against the amendment.
Rep. FOXWORTH spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. AYDLETTE requested that the Bill, as amended, be read in its entirety.
Rep. GREGORY moved delayed cloture on the entire matter.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Blackwell Bradley, J. Bradley, P. Brett Brown, H. Burriss, M.D. Burriss, T.M. Carnell Faber Fair Foxworth Gilbert Harris, P. Harvin Hearn Helmly Hendricks, B. Hendricks, L. Holt Kohn Mangum Mattos McAbee McBride McLellan Rawl Rhoad Rice Rigdon Thrailkill Waldrop Washington
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, W. Aydlette Bailey, K. Barfield Beasley Boan Brown, G. Brown, R. Chamblee Cleveland Cooper Dangerfield Derrick Foster Freeman Gentry Gregory Harris, J. Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Lewis Lockemy Martin, D. Martin, L. McEachin McKay McLeod Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Stoddard Sturkie Taylor Townsend Tucker White Wilkins Williams Winstead Woodruff
So the House refused to adjourn.
Rep. P. BRADLEY moved to continue the Bill.
Rep. SHEHEEN raised the Point of Order that one hour had not elapsed since similar motion was made, which point was sustained by the chair.
Rep. P. BRADLEY moved to table the Bill.
Rep. SHEHEEN raised the Point of Order that one hour had not elapsed since similar motion was made, which point was sustained by the chair.
Rep. CARNELL moved that the House recede for 20 minutes.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Blackwell Boan Bradley, J. Burriss, M.D. Carnell Foxworth Hearn Kohn Limehouse McAbee Rice Rigdon Winstead
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Arthur, J. Arthur, W. Bailey, K. Brown, G. Brown, H. Chamblee Cleveland Cooper Davenport Derrick Elliott Evatt Freeman Gentry Gregory Harris, J. Hawkins Hayes Helmly Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Koon Lewis Lockemy Martin, L. Mattos McEachin McLellan McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Russell Sheheen Shelton Short Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop White Williams Woodruff
So the House refused to recede.
Rep. CARNELL raised the Point of Order that a request to have the Bill read by the Reading Clerk had been made and that request must be complied with before the motion for the previous question could be put before the House.
The SPEAKER Pro Tempore sustained the Point of Order, ordered that the Reading Clerk read the Bill, and stated that, in accordance with precedents, no motions dealing with the Bill may be made while the Bill is being read.
The Reading Clerk read the Bill.
Rep. HOLT moved to continue the Bill.
Rep. P. BRADLEY raised the Point of Order that Rep. HOLT's motion to continue the Bill was in order during the reading of the Bill, and stated that if the House had precedents to the contrary, that those precedents needed to be looked at, and perhaps a new precedent set.
The SPEAKER Pro Tempore stated he would research the Point overnight and subsequently render a ruling.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. FREEMAN raised the Point of Order that fifteen minutes had not elapsed since similar motion was made, which point was sustained by the chair.
The Reading Clerk continued reading the Bill.
The SPEAKER Pro Tempore granted Rep. WALDROP a leave of absence for the remainder of the day due to a Doctor's appointment.
Rep. P. BRADLEY proposed the following Amendment No. 9 (Doc. No. 1379R).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 5-3-285. (A) Any freeholder of property which is in a municipality and is contiguous to an unincorporated area or to another municipality may take action as provided in this section to sever his property from the municipality in which it is located and become unincorporated or become part of the municipality to which his property is contiguous.
(B) The freeholder owning the property described in subsection (A) of this section must notify in writing, by registered mail, all governing bodies affected of his intentions. The action he chooses shall take effect thirty days from the receipt of the notice by the governing body of the municipality from which the freeholder's property is to be severed.
(C) Any taxes due by the freeholder must be paid to the municipality from which his property is severed and must be paid when all other ad valorem taxes are paid."/
Renumber sections to conform.
Amend title to conform.
Rep. P. BRADLEY was recognized.
Rep. STURKIE moved that the House do now adjourn.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur, J. Arthur, W. Aydlette Blackwell Bradley, J. Bradley, P. Brown, H. Carnell Cleveland Davenport Faber Foxworth Harvin Hawkins Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Kohn Koon Limehouse Mangum Martin, D. Martin, L. Mattos McAbee McTeer Phillips, O. Rawl Rhoad Rice Rigdon Russell Snow Stoddard Sturkie Washington Williams Winstead Woodruff
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Anderson, S. Bailey, G. Bailey, K. Barfield Blanding Burriss, J.H. Burriss, M.D. Dangerfield Derrick Elliott Foster Freeman Gentry Gilbert Gregory Harris, J. Hayes Johnson, J.W. Jones Kay Kirsh Lake Lewis Lockemy McBride McEachin McLellan Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Rogers, T. Sharpe Sheheen Shelton Short Townsend Tucker White
So the House refused to adjourn.
Rep. GREGORY moved delayed cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Anderson, S. Bailey, K. Cooper Elliott Freeman Gentry Gregory Harvin Hayes Hendricks, B. Johnson, J.W. Kirsh Lake Lewis Martin, L. McTeer Mitchell Neilson Pearce Rogers, T. Sheheen Short Townsend Tucker
Those who voted in the negative are:
Alexander Anderson, J. Arthur, J. Aydlette Bailey, G. Barfield Blackwell Blanding Bradley, J. Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Davenport Derrick Fair Foxworth Gilbert Harris, J. Hearn Helmly Holt Jones Kay Klapman Kohn Koon Limehouse Lockemy Mattos McAbee McEachin Moss Nettles Petty Phillips, L. Phillips, O. Rawl Rice Shelton Sturkie Washington White Williams Winstead Woodruff
So the motion for the previous question having failed to receive the necessary vote was thereby rejected.
Rep. P. BRADLEY explained the amendment.
Rep. J. BRADLEY moved to continue the Bill.
Rep. FREEMAN raised the Point of Order that one hour had not elapsed since similar motion was made, which point was not sustained by the chair.
Rep. FREEMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Blackwell Boan Bradley, J. Bradley, P. Burriss, M.D. Carnell Chamblee Dangerfield Davenport Fair Foxworth Gilbert Hearn Holt Jones Kay Kohn Martin, D. McAbee McLeod McTeer Moss Phillips, O. Rawl Rice Rogers, T. Washington
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Bailey, G. Brown, G. Brown, H. Cleveland Cooper Derrick Elliott Foster Freeman Gentry Gregory Harris, J. Harvin Hawkins Hayes Helmly Johnson, J.C. Johnson, J.W. Keyserling Kirsh Koon Lake Lewis Limehouse Lockemy Martin, L. McBride McEachin McLellan Nettles Ogburn Pearce Petty Phillips, L. Rogers, J. Russell Sharpe Sheheen Shelton Short Stoddard Sturkie Thrailkill Townsend Tucker Wilkins Woodruff
So the House refused to continue the Bill.
Rep. CARNELL moved that the House do now adjourn.
Rep. SHEHEEN raised the Point of Order that fifteen minutes had not elapsed since similar motion was made, which point was not sustained by the chair.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Aydlette Bailey, G. Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Cooper Dangerfield Evatt Fair Foxworth Gilbert Harvin Hawkins Hearn Helmly Hendricks, B. Holt Huff Kay Kohn Koon Lake Lewis Limehouse Mangum Martin, D. Martin, L. McAbee McLeod McTeer Nettles Phillips, O. Rawl Rhoad Rice Russell Snow Stoddard Thrailkill Tucker Washington Wilkins Winstead Woodruff
Those who voted in the negative are:
Schwartz Altman Anderson, S. Barfield Chamblee Cleveland Derrick Elliott Foster Freeman Gregory Harris, J. Hayes Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Lockemy McBride McEachin McLellan Neilson Ogburn Pearce Petty Phillips, L. Rogers, J. Rogers, T. Sharpe Sheheen Short Sturkie Townsend White
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 9, Rep. P. BRADLEY having the floor.
The Senate returned to the House with concurrence the following:
H. 3373 -- Reps. Nettles, Gilbert, McEachin, McKay, McLeod, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McLellan, McTeer, Mitchell, Moss, Neilson, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC DEATH OF ASTRONAUT DR. RONALD MCNAIR OF LAKE CITY, SOUTH CAROLINA, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3374 -- Reps. K. Bailey, Bennett, Mitchell and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE KEN MIDDLETON OF COLDWELL BANKER MIDDLETON & ASSOCIATES ON BEING NAMED BY THE ORANGEBURG COUNTY BOARD OF REALTORS AS THE RECIPIENT OF THE REALTOR OF THE YEAR AWARD FOR 1985.
H. 3376 -- Agriculture and Natural Resources Committee: A CONCURRENT RESOLUTION TO CONGRATULATE HARRY BELL, PRESIDENT OF THE SOUTH CAROLINA FARM BUREAU, UPON HIS ELECTION AS VICE-PRESIDENT OF THE AMERICAN FARM BUREAU FEDERATION.
H. 3379 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING W. RAY BROWN, MANNING CITY ADMINISTRATOR, CLARENDON COUNTY, FOR MASTERMINDING THE REORGANIZATION PLAN FOR THE CITY OF MANNING WHICH WON THE GOVERNOR'S AWARD FOR EXCELLENCE IN PRODUCTIVITY IMPROVEMENT.
H. 3380 -- Reps. Gordon, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Schwartz, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC DEATH OF ASTRONAUT DR. RONALD E. MCNAIR OF LAKE CITY, SOUTH CAROLINA, AND EXTEND HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 4:35 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 10:00 A.M. tomorrow.
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