Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of our fathers and our God today, give us the strength to fulfill our high calling to serve You in this present age. Make us to cherish all that is holiest in our heritage and to welcome all that is healthiest in innovation. Help us to treasure the wisdom of the past, and keep us always alert for new revelations of Your will for the future. Give to Your servants in this body resources sufficient for their tasks. Give us individuality that is creative, discipline which sustains, diversity which enriches, and the unity of purpose which accomplishes Your will for Your people.
Thank You, Lord, for hearing our prayer. 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. FERGUSON.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. R. BROWN, from the Committee on Marion Delegation, submitted a favorable report, on:
H. 3912 -- Reps. R. Brown and McLeod: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 IN MARION COUNTY TO BORROW NOT EXCEEDING TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS, FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT, AND TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD.
On motion of Rep. R. BROWN, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3912 -- Reps. R. Brown and McLeod: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 IN MARION COUNTY TO BORROW NOT EXCEEDING TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS, FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT, AND TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD.
The Bill was read the second time and ordered to third reading.
On motion of Rep. R. BROWN, with unanimous consent, it was ordered that H. 3912 be read the third time tomorrow.
The following was introduced:
H. 3932 -- Rep. J. Anderson: A CONCURRENT RESOLUTION CONGRATULATING JACOB LUTHER AULL OF JOHNSTON, IN EDGEFIELD COUNTY, UPON RECEIVING THE 1986 SERVICE TO MANKIND AWARD FROM THE JOHNSTON SERTOMA CLUB.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1328 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION COMMENDING MR. TIM CALLAHAN FOR HIS OUTSTANDING SERVICE AS DISTRICT MANAGER OF MID-CAROLINA ELECTRIC COOPERATIVE AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT IN 1986.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Aydlette Beasley Blackwell Boan Bradley, J. Brett Brown, H. Carnell Chamblee Cooper Dangerfield Davenport Day Derrick Edwards Fair Felder Ferguson Foxworth Freeman Gregory Harris, J. Harris, P. Hawkins Hayes Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Jones Kirsh Klapman Kohn Lake Mangum Martin, D. Martin, L. Mattos McAbee McTeer Moss Ogburn Petty Phillips, L. Rice Rogers, J. Russell Sharpe Sheheen Shelton Simpson Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 21, 1986.
George Bailey James Arthur Woody McKay Samuel R. Foster Luther L. Taylor R. Linwood Altman Parker Evatt H. Larry Mitchell Ken Bailey Warren D. Arthur John H. Burriss T. Moffatt Burriss Mickey Burriss Joe E. Brown Frank McBride Joe F. Anderson, Jr. Robert N. McLellan Malloy McEachin Gene Stoddard John W. McLeod Joyce C. Hearn Timothy Rogers Robert O. Kay Pete Pearce Liston Barfield Dave C. Waldrop Frank Gilbert Thomas N. Rhoad Philip T. Bradley Denny W. Neilson Grady Brown Olin R. Phillips Tom Marchant Rick Rigdon James E. Lockemy L. Edward Bennett John J. Snow, Jr. M. Duke Cleveland E. LeRoy Nettles W. Sterling Anderson Tom G. Woodruff, Jr. Larry E. Gentry Thomas E. Huff James Faber E. Crosby Lewis Larry Koon A.V. Rawl D. Elliott Paul Short Lenoir Sturkie Alex Harvin
H. 3551--SENT TO THE SENATE
On motion of Rep. WINSTEAD, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3929 -- Reps. G. Bailey and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES TO BE SUBMITTED FOR APPROVAL TO THE DORCHESTER COUNTY BOARD OF EDUCATION, AND TO AUTHORIZE THE BOARD OF EDUCATION, BEGINNING WITH BUDGETS FOR THE 1986-87 SCHOOL YEAR, TO SET THE NECESSARY TAX MILLAGE AFTER APPROVING THE BUDGETS.
S. 1316 -- Senator Powell: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN DESIGNATED FRESHWATER BODIES, SO AS TO PERMIT THE USE OF JUGS FOR FISHING IN LAKE SECESSION.
Rep. TOAL moved to reconsider the vote whereby the following Bill was ordered to receive a second reading.
H. 3905 -- Rep. Kohn: A BILL TO PROVIDE THAT THE GOVERNING BODY OF THE NORTH CHARLESTON PUBLIC SERVICE DISTRICT SHALL CONSIST OF FIVE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING WITH THE YEAR 1986 AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS ARE ELECTED.
Rep. TOAL moved to adjourn debate upon the motion to reconsider, which was adopted.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1062 -- Senator Long: A BILL TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC AND BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.
S. 1160 -- Senators Ravenel, E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.
S. 947 -- Senators Bryan and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 39 SO AS TO ENACT THE SOUTH CAROLINA SELF-SERVICE STORAGE FACILITY ACT; TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY HAS A LIEN UPON ALL PERSONAL PROPERTY LOCATED IN A FACILITY; AND TO PROVIDE A PROCEDURE FOR THE ENFORCEMENT OF THE LIEN.
S. 1057 -- Senator Long: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.
S. 1059 -- Senator Long: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.
S. 1256 -- Judiciary Committee: A BILL TO ADOPT REVISED CODE VOLUMES 1, 4, AND 14 AND NEW VOLUMES 1A, 4A, AND 14A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; TO NOT ADOPT SECTIONS 2-65-20 THROUGH 2-65-100 AS CONTAINED IN REVISED VOLUME 1; TO ADOPT AND DESIGNATE CERTAIN PROVISIONS OF ACT 651 OF 1978, AS AMENDED, BY SECTION 10 OF PART II OF ACT 151 OF 1983, AS PART OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO ADOPT CERTAIN ANNOTATIONS TO SECTIONS WHICH INDICATED THESE SECTIONS WERE IMPLIEDLY REPEALED ARE ADOPTED AS PART OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA AND MUST BE INCLUDED IN VOLUMES 1 AND 14 IN THE 1986 CUMULATIVE SUPPLEMENT; AND TO AMEND SECTION 2-13-90, AS AMENDED, RELATING TO THE PREPARATION AND ADOPTION OF REVISED CODE VOLUMES, SO AS TO REQUIRE THAT ALL REPLACEMENT VOLUMES SHALL INCLUDE AN ANNOTATION TO ANY GENERAL PERMANENT STATUTORY LAW WHICH WAS IMPLIEDLY REPEALED.
S. 1139 -- Senator Setzler: A BILL TO AMEND ACT 201 OF 1977, AS AMENDED, RELATING TO THE LICENSING AND REGULATION OF NONPUBLIC EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THE REQUIREMENTS OF LICENSURE, TO PROVIDE FOR AMENDMENT OF A LICENSE, AND TO LIMIT THE PROGRAMS THAT MAY BE OFFERED.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3815 -- Rep. Mangum: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING, HOUSING, ELECTRICAL, PLUMBING, AND GAS CODES, SO AS TO PROVIDE FOR REGULATIONS ADOPTED BY THE BUILDING CODE COUNCIL TO BE APPROVED BY THE BUDGET AND CONTROL BOARD PRIOR TO BEING SUBMITTED TO THE GENERAL ASSEMBLY.
H. 3208 -- Reps. M.D. Burriss and Hearn: A BILL TO AMEND SECTION 6-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION, DISPOSAL, AND TREATMENT BY GOVERNMENTAL ENTITIES, SO AS TO INCLUDE COUNTIES WITHIN THE DEFINITION OF THE TERM "GOVERNMENTAL ENTITY" AND OTHER DEFINITIONS THEREBY MAKING THE PROVISIONS OF CHAPTER 15 OF TITLE 6 APPLICABLE TO COUNTIES AS WELL; TO AMEND SECTION 6-15-60, RELATING TO THE AUTHORIZATION OF SEWER SERVICE CHARGES, SO AS TO INCLUDE COUNTIES THEREIN; AND TO AMEND SECTION 6-15-110, RELATING TO METHODS OF COLLECTING OVERDUE SEWER SERVICE CHARGES, SO AS TO INCLUDE COUNTIES THEREIN.
H. 3800 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.
H. 3516 -- Reps. Lake, Washington, Petty, Stoddard, Blackwell, Hawkins, Ferguson, Shelton, McKay, Mattos, Alexander, Rice, S. Anderson, G. Bailey, Day, Simpson, L. Martin and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450 SO AS TO PROHIBIT THE USE OF A STUDENT'S GRADES AS A METHOD OF PUNISHMENT FOR CONDUCT UNRELATED TO THE STUDENT'S ACADEMIC PERFORMANCE.
H. 2317 -- Rep. Fair: A BILL TO AMEND CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF LAWS RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES BY ADDING ARTICLE 5, SO AS TO PROHIBIT CERTAIN PRACTICES BY PERSONS LICENSED TO SELL ALCOHOLIC LIQUOR OR BEER AND WINE FOR ON-PREMISES CONSUMPTION WHICH PRACTICES HAVE THE EFFECT OF ENCOURAGING CONSUMPTION OF THESE BEVERAGES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
H. 2638 -- Reps. Elliott, G. Bailey, Kirsh, Rice, Pearce, Thrailkill, Barfield, Aydlette, Foxworth, White, Lloyd Hendricks, McTeer, Mitchell, Cork and J.W. Johnson: A BILL TO AMEND SECTION 6-11-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PENALTY FOR INTERFERING WITH SEWERS, WATERWORKS, AND DRAINAGE FACILITIES OF POLITICAL SUBDIVISIONS, SO AS TO INCLUDE THE SEWERS, WATERWORKS, AND DRAINAGE FACILITIES OF SPECIAL PURPOSE DISTRICTS WITHIN THE PENALTY PROVISIONS AND INCREASE THE MONETARY PENALTY FROM ONE TO TWO HUNDRED DOLLARS; AND TO AMEND SECTION 16-13-385, RELATING TO ALTERING, TAMPERING WITH, OR BYPASSING ELECTRIC, GAS, OR WATER METERS, SO AS TO INCREASE THE MONETARY PENALTY FOR A FIRST OFFENSE VIOLATION FROM ONE HUNDRED TO TWO HUNDRED DOLLARS.
Rep. L. MARTIN moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 3880 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO HEARINGS, LICENSES, SALE AND CONSUMPTION AT NONPROFIT ORGANIZATIONS, PERMITS, DRIVE-IN/DRIVE-THRU ESTABLISHMENTS, AND PROHIBITED INTERESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 720, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
The following Bill was taken up.
H. 3778 -- Reps. Lockemy, Kay, Cooper, Carnell, P. Harris, Townsend, Tucker and Washington: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS, SO AS TO PROVIDE THAT IF ANY OPENING OR CLOSING DATE FOR ENTRIES FOR NOMINATION IN AN ELECTION FALLS ON SUNDAY, THE DATE CHANGES TO THE PRECEDING SATURDAY.
The motion of Rep. TOAL to reconsider the vote whereby Amendment No. 1 was tabled was taken up and agreed to.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 3778 be read the third time tomorrow.
The following Bill was taken up.
H. 3793 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-220 SO AS TO ALLOW THE SALE OF LEASED NURSING HOME FACILITIES SUBJECT TO LIMITATIONS.
Rep. J. ROGERS explained the Bill.
Rep. EVATT moved to adjourn debate upon the Bill, which was adopted.
Rep. BEASLEY moved to adjourn debate upon the following Bill, which was adopted.
H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.
The following Bill was taken up.
H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. HAYES explained the Bill and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3719 -- Rep. Harvin: A BILL TO AMEND SECTION 56-5-4030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM WIDTHS OF VEHICLES OPERATED ON HIGHWAYS, SO AS TO PERMIT VEHICLES INCLUDING LOADS WITH WIDTHS OF NOT MORE THAN ONE HUNDRED TWO INCHES EXCLUSIVE OF SAFETY DEVICES TO OPERATE ON NATIONAL INTERSTATE AND DEFENSE HIGHWAYS AND OTHER HIGHWAYS DESIGNATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PERMIT BUSES NOT EXCEEDING THE SAME WIDTHS TO OPERATE ON ALL HIGHWAYS HAVING LANES TWELVE FEET OR MORE IN WIDTH AND ON OTHER STREETS AND HIGHWAYS WITHIN FIVE MILES OF ANY SUCH HIGHWAYS FOR ACCESS TO PASSENGER FACILITIES AND DESTINATIONS.
Reps. TOAL, THRAILKILL, KIRSH, SHARPE and JONES objected to the Bill.
The following Bill was taken up.
H. 3241 -- Rep Fair: A BILL TO AMEND SECTION 61-13-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SELLING LIQUOR TO A MINOR, SO AS TO ELIMINATE KNOWLEDGE OF THE MINOR'S AGE AS AN ELEMENT OF THE OFFENSE.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4313R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-13-290 of the 1976 Code is amended to read:
"Section 61-13-290. (a) Any person engaged in the unlawful sale of alcoholic liquors who knowingly sells such the liquors to a minor shall be deemed is guilty of a misdemeanor and upon conviction shall must be imprisoned for not more than five years six months or be fined not more than five one thousand dollars, or both.
(b) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section."
(c) The Alcoholic Beverage Control Commission, with funds already appropriated to the commission, shall print and distribute to each establishment in this State, to which has been issued an alcoholic beverage license under the provisions of Chapter 30 of this title, a cardboard placard not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
"By act of the South Carolina General Assembly any person convicted of sale of alcoholic liquors to a minor must be imprisoned for not more than six months or be fined not more than one thousand dollars, or both."
The placard must be prominently displayed in all establishments to which they are issued.
SECTION 2. This act shall take effect on the first day of the third month following approval by the Governor./
Amend totals and title to conform.
Reps. FAIR and SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 2 (Doc. No. 4382R), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 61-9-40 of the 1976 Code, as last amended by Act 117 of 1985, is further amended to read:
"Section 61-9-40. (A) It is unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under the age of twenty-one. Any person making such unlawful sale must be upon conviction fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.
(B) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section.
(C) The Alcoholic Beverage Control Commission, with funds already appropriated to the commission, shall print and distribute to each establishment in this State, to which has been issued a retail license to sell beer, ale, porter, wine, or any other similar malt or fermented beverage pursuant to Section 61-9-310, a cardboard placard not less than eight inches by eleven inches on which shall bear the following inscription in letters not less than three-quarter inches high:
'BY ACT OF THE GENERAL ASSEMBLY, ANY PERSON CONVICTED OF SELLING BEER, ALE, PORTER, WINE, OR ANY OTHER SIMILAR MALT OR FERMENTED BEVERAGE TO ANYONE UNDER TWENTY-ONE YEARS OF AGE MUST BE IMPRISONED FOR NOT LESS THAN THIRTY DAYS NOR MORE THAN SIXTY DAYS, OR FINED NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS, OR BOTH, IN THE DISCRETION OF COURT.'
The placard must be prominently displayed in all establishments to which they are issued.
(D) Any retail seller of beer, ale, porter, wine or any other similar malt or fermented beverage who fails to display the placard required by the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."/
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 3241 be read the third time tomorrow.
Rep. J. ROGERS moved to reconsider the vote whereby debate was adjourned on the following Bill which was agreed to.
H. 3793 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-220 SO AS TO ALLOW THE SALE OF LEASED NURSING HOME FACILITIES SUBJECT TO LIMITATIONS.
The Bill was read the second time and ordered to third reading.
On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that H. 3793 be read the third time tomorrow.
The following Bill was taken up.
H. 3480 -- Reps. Hearn, McBride, Koon, Klapman, T.M. Burriss, Barfield and G. Brown: A BILL TO AMEND SECTION 16-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR THE CRIME OF PROSTITUTION SO AS TO INCREASE THESE PENALTIES AND PROVIDE THAT NO PART OF ANY SENTENCE IMPOSED MAY BE SUSPENDED AND PROBATION FOR ANY PORTION OF A TERM OF IMPRISONMENT MAY NOT BE GRANTED.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3473R), which was adopted.
Amend the bill, as and if amended, by striking Section 16-15-110 of the 1976 Code, as contained in Section 1, and inserting:
/Section 16-15-110. Any person violating any provision of Sections 16-15-90 and 16-15-100 shall must, upon conviction, be punished as follows:
(1) For the first offense, a fine of not exceeding one two hundred dollars or confinement in prison for a period of not more than thirty days;
(2) For the second offense, a fine of not exceeding two hundred and fifty one thousand dollars or imprisonment for not exceeding ninety days six months, or both such fine and imprisonment in the discretion of the court ;
(3) For the third or any subsequent offense, a fine not exceeding one three thousand dollars or imprisonment for not less than six months and for no longer than three years one year, or both such fine and imprisonment ./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3480 be read the third time tomorrow.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3636 -- Rep. McEachin: A BILL TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL OR SUBSTITUTE SERVICE OF PROCESS BY ADDING SECTION 15-9-355 SO AS TO PROVIDE FOR SERVICE OF PROCESS UPON PERSONS WHO HAVE MADE APPLICATION FOR AN AUTOMOBILE LIABILITY INSURANCE POLICY WHO BECOME A NAMED INSURED UNDER SUCH A POLICY, WHO BECOME AN INSURED DRIVER UNDER SUCH A POLICY, OR WHO MAKE A CLAIM FOR BENEFITS THEREUNDER.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3636 be read the third time tomorrow.
The following Bill was taken up.
H. 3687 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICES BY ADDING SECTION 38-55-420 SO AS TO PROVIDE THAT ANY INDIVIDUAL HAS STANDING TO INSTITUTE AN ACTION TO ENJOIN AN UNFAIR PRACTICE PROHIBITED BY THE ABOVE CHAPTER AND TO PROVIDE THAT ANY INDIVIDUAL AGGRIEVED BY SUCH AN UNFAIR PRACTICE MAY BRING AN ACTION AT LAW TO RECOVER DAMAGES SUSTAINED AS A RESULT OF THE UNFAIR PRACTICE.
Reps. McLELLAN and SIMPSON objected to the Bill.
Rep. SHEHEEN explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. SHEHEEN having the floor.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S. C., May 20, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3685:
H. 3685 -- Reps. Fair, Mattos, Brett and Hayes: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES, SO AS TO PROVIDE THAT THE CONTENTS OF THIS NEWSPAPER NOTICE MUST ALSO BE POSTED ON A SIGN AT LEAST TWO FEET BY TWO FEET IN SIZE IN A CONSPICUOUS PLACE AT THE LOCATION OF THE PROPOSED BUSINESS FOR A PERIOD OF THIRTY DAYS PRECEDING THE SUBMISSION OF THE APPLICATION FOR A LICENSE; AND TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 61 BY ADDING SECTION 61-9-485 SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS PERTAINING TO APPLICATIONS FOR ALCOHOLIC LIQUOR LICENSES CONTAINED IN SECTION 61-3-490 ALSO APPLY TO BEER, ALE, PORTER, OR WINE PERMIT APPLICATIONS FOR ON-PREMISES CONSUMPTION.
and requests that proper notation be recorded on the Bill.
Very respectfully,
President
No. 77
Received as information.
A message having been received from the Senate that it had receded from its Amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
The following was introduced:
H. 3933 -- Reps. Klapman, Derrick, Koon, Sharpe and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. W. EARLE WILLIAMS, SR., OF WEST COLUMBIA UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. HOLT moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby the following Bill, with unanimous consent, was ordered to receive a second reading which was agreed to.
H. 3905 -- Rep. Kohn: A BILL TO PROVIDE THAT THE GOVERNING BODY OF THE NORTH CHARLESTON PUBLIC SERVICE DISTRICT SHALL CONSIST OF FIVE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING WITH THE YEAR 1986 AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS ARE ELECTED.
The question then recurred to the motion to reconsider the vote whereby the Bill, with unanimous consent, was ordered to receive a second reading.
Rep. HOLT spoke in favor of the motion to reconsider.
Rep. KOHN spoke against the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The motion to reconsider the vote whereby the Bill was ordered to receive a second reading was agreed to by a division vote of 4 to 3.
Rep. HOLT moved to recommit the Bill to the Charleston Delegation, which was agreed to by a division vote of 4 to 3.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. SHEHEEN having the floor.
H. 3687 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICES BY ADDING SECTION 38-55-420 SO AS TO PROVIDE THAT ANY INDIVIDUAL HAS STANDING TO INSTITUTE AN ACTION TO ENJOIN AN UNFAIR PRACTICE PROHIBITED BY THE ABOVE CHAPTER AND TO PROVIDE THAT ANY INDIVIDUAL AGGRIEVED BY SUCH AN UNFAIR PRACTICE MAY BRING AN ACTION AT LAW TO RECOVER DAMAGES SUSTAINED AS A RESULT OF THE UNFAIR PRACTICE.
Rep. SHEHEEN continued speaking.
Rep. McLEOD objected to the Bill.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: A BILL TO ADOPT THE FEDERAL LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 IN ORDER TO EFFECTUATE THE STATE'S RESPONSIBILITY FOR MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
The following Bill was taken up.
H. 3807 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO IN THIS STATE TO FILE WITH THE SECRETARY OF STATE A MONTHLY REPORT; TO PROVIDE THAT ANY MANAGEMENT COMPANY OPERATING A BINGO GAME IS INELIGIBLE TO BE LICENSED FOR THE OPERATION OF BINGO GAMES; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4314R), which was adopted.
Reference is to typewritten bill.
Amend the bill, as and if amended, in item (3) of subsection (A) of Section 52-17-70 of the 1976 Code, as contained in SECTION 1, line 3, by inserting after /games/ /and a copy of the management contract/ so that when amended item (3) shall read:
/(3) the name of the management company with whom the licensee is contracting to operate the bingo games and a copy of the management contract, if any./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3807 be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 450 -- Senator Hayes: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO INCLUDE IN THE JURISDICTION AND AUTHORITY THE AREA LYING BETWEEN THE HIGH WATER MARK AND THE LOW WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER AND AREAS BORDERING ON NAVIGABLE BODIES OF WATER RUNNING THROUGH A MUNICIPALITY OR CONTAINED WHOLLY WITHIN THE MUNICIPALITY.
S. 793 -- Senator J.V. Smith: A BILL TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.
Rep. SHEHEEN explained the Bill.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 450 be read the third time tomorrow.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 793 be read the third time tomorrow.
Rep. FREEMAN raised the question of a quorum.
A quorum was present.
The following was received.
Columbia, S.C., May 21, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:00 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 78
On motion of Rep. J.W. JOHNSON the invitation was accepted.
Further proceedings were interrupted by the Ratification of Acts.
At 11:00 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R466) S. 1043 -- Finance Committee: AN ACT TO AMEND SECTIONS 12-13-10 AND 12-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO DEFINITIONS AND NET INCOME WITH RESPECT TO THE TAX ON BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE THE DEFINITION AND PROVIDE FOR A BAD DEBT DEDUCTION EQUAL TO THE BAD DEBT DEDUCTION ALLOWED PURSUANT TO THE INTERNAL REVENUE CODE AND TO PRESCRIBE TRANSITION PROCEDURES.
(R467) S. 1123 -- Labor, Commerce and Industry Committee: AN ACT TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
(R468) S. 1016 -- Senators Peeler and Lee: AN ACT TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL BUSINESS LICENSE, SO AS TO EXEMPT FROM THE LICENSE REQUIREMENT ORGANIZATIONS CONDUCTING CONCESSION SALES EXEMPT FROM SALES TAX AT FESTIVALS, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT CONCESSION SALES AT FESTIVALS RECOGNIZED BY THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM BY ORGANIZATIONS DEVOTED EXCLUSIVELY TO PUBLIC OR CHARITABLE PURPOSES IF THE ENTIRE NET PROCEEDS ARE USED FOR THOSE PURPOSES, AND THE FESTIVAL ORGANIZERS APPLY IN ADVANCE TO THE TAX COMMISSION BY GIVING COMPLIANCE INFORMATION.
(R469) S. 748 -- Senator Setzler: AN ACT TO AUTHORIZE A COUNTY TREASURER OR TAX COLLECTOR TO DELEGATE TO A DEPUTY TREASURER, TO A DEPUTY TAX COLLECTOR, OR TO THE COUNTY SHERIFF THE POWER TO SEIZE AND LEVY UPON PROPERTY OF A DEFAULTING TAXPAYER FOR NONPAYMENT OF PROPERTY TAXES AND TO PROVIDE THAT ANY TAXES PAID BY A DELINQUENT TAXPAYER TO A COUNTY TREASURER OR TAX COLLECTOR MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY OF THE TAXPAYER UNLESS THE CHECK OR MONEY ORDER TENDERED BY THE TAXPAYER PROVIDES OTHERWISE AND TO ESTABLISH A PROCEDURE FOR PROCESSING IT IF IT DOES, TO REQUIRE PERSONAL PROPERTY TAXES TENDERED BE APPLIED TO PERSONAL PROPERTY TAX DELINQUENCIES AND REAL PROPERTY TAXES TENDERED BE APPLIED TO REAL PROPERTY TAX DELINQUENCIES.
(R470) S. 1181 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-29-10, 38-29-30, 38-29-50, 38-29-60, 38-29-70, 38-29-90, 38-29-110, 38-29-140, 38-29-150, 38-29-170, 38-29-190, 38-29-220, 38-29-240, 38-29-250, 38-29-260, 38-29-270, 38-29-280, 38-29-330, 38-29-340, AND 38-29-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DELETE THE REFERENCE TO SECURITIES BROKER IN THE DEFINITION OF "PERSON"; PERMIT A DOMESTIC INSURER TO INVEST IN THE SECURITIES OF A SUBSIDIARY IN AN AMOUNT NOT TO EXCEED TEN PERCENT INSTEAD OF FIVE PERCENT OF THE INSURER'S ASSETS AND TO EXCLUDE INVESTMENTS IN DOMESTIC OR FOREIGN INSURANCE SUBSIDIARIES IN CALCULATING THE AMOUNT OF THE INVESTMENT; TO DETERMINE COMPLIANCE WITH PROVISIONS AUTHORIZING INVESTMENTS OF A DOMESTIC INSURER IN A SUBSIDIARY BY CALCULATING THE INVESTMENT LIMITATIONS AS THOUGH THE INVESTMENT HAD BEEN MADE; TO PROVIDE STANDARDS FOR REPORTING TRANSACTIONS WITHIN A HOLDING COMPANY SYSTEM; AND TO PROVIDE A PENALTY FOR AN INSURER, DIRECTOR, OR OFFICER OF AN INSURANCE HOLDING COMPANY WHO VIOLATES THIS CHAPTER; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-29-155 AND 38-29-165 SO AS TO PROVIDE THAT THE REGISTRATION STATEMENT OF AN INSURER WITH AN INSURANCE HOLDING COMPANY SHALL INDICATE CHANGES IN A PRIOR STATEMENT AND REPORT DIVIDEND DISTRIBUTION TO SHAREHOLDERS; AND TO REPEAL SECTION 38-29-100 RELATING TO THE REQUIREMENT THAT AN INSURER MAIL ALL MATERIALS AND NOTICES TO THE INSURER'S SHAREHOLDERS.
(R471) S. 1017 -- Senators Shealy, Theodore and Mitchell: AN ACT TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIZE FIGHTING AND BOXING, SO AS TO PROVIDE THAT THE CHAPTER SHALL RELATE TO STATE AND COUNTY ATHLETIC COMMISSIONS, TO INCLUDE WRESTLING IN THE SPORTS REGULATED, TO REQUIRE A LICENSED PHYSICIAN AT RINGSIDE AT ALL BOXING EVENTS, TO PROVIDE FOR WAIVERS OF CAUSES OF ACTION AGAINST ANY OFFICIAL INVOLVED IN AN ATHLETIC EVENT AND TIME REQUIREMENTS RELATING TO THE FILING OF APPLICATIONS, TO DELETE REQUIREMENTS FOR ANNUAL REPORTS BY COUNTY ATHLETIC COMMISSIONS, AND TO DELETE RESPONSIBILITIES OF COUNTY ATHLETIC COMMISSIONS WHICH ARE ASSIGNED TO THE STATE ATHLETIC COMMISSION.
(R472) S. 771 -- Senators Doar, Lourie and McLeod: AN ACT TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70, 43-21-80, 43-21-100, AND 43-21-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION APPOINTED BY THE GOVERNOR CONSIST OF SEVEN MEMBERS INSTEAD OF TWELVE, TO PROVIDE THAT THE CHAIRMAN BE ELECTED BY THE MEMBERS OF THE COMMISSION INSTEAD OF BEING DESIGNATED BY THE GOVERNOR AND REMOVE THE GOVERNOR AS AN EX OFFICIO MEMBER, TO DELETE THE REQUIREMENT THAT THE COMMISSION KEEP A ROSTER OF PERSONS QUALIFIED TO SERVE ON THE COMMISSION TO BE PRESENTED ANNUALLY TO THE GOVERNOR, TO PROVIDE THAT THE COMMISSION MEET AT LEAST SIX TIMES ANNUALLY UNLESS A MAJORITY OF THE MEMBERS VOTE TO ELIMINATE NO MORE THAN TWO MEETINGS A YEAR, TO PROVIDE THAT THE ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDE THE NEEDS OF THE ELDERLY AND THE WORK OF THE COMMISSION, TO PROVIDE THAT THE COMMISSION EMPLOY A DIRECTOR WITHOUT THE CONSENT OF THE GOVERNOR, TO PROVIDE THAT COMPENSATION AND EMPLOYMENT OF PERSONNEL BY THE COMMISSION BE IN ACCORDANCE WITH THE HUMAN RESOURCE MANAGEMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND MERIT SYSTEM REQUIREMENTS, AND TO ADD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, THE DIRECTOR OF THE STATE COMMISSION ON ALCOHOL AND DRUG ABUSE, AND THE CHAIRMAN OF THE STATE COMMISSION ON WOMEN TO THE COORDINATING COUNCIL TO THE COMMISSION ON AGING.
(R473) S. 979 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-5-680, 38-5-700, AND 38-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITS REQUIRED OF INSURANCE COMPANIES, TO CIRCUMSTANCES UNDER WHICH FOREIGN INSURERS ARE NOT REQUIRED TO MAKE DEPOSITS IN THIS STATE, AND TO THE FILING OF SURETY BONDS OR DEPOSITS OF SECURITIES BY SURETY COMPANIES, SO AS TO DELETE SURETY BONDS AS ACCEPTABLE SECURITY, TO INCREASE THE AMOUNT WHICH MUST BE DEPOSITED IN ANOTHER STATE FROM THREE HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS AND TO DEFINE AN "INSURANCE COMPANY" AS A LICENSED STOCK INSURER POSSESSED OF AT LEAST TEN MILLION DOLLARS INSTEAD OF THREE MILLION DOLLARS OF CAPITAL OR SURPLUS, TO INCREASE THE AMOUNT OF THE DEPOSIT REQUIRED OF SURETY COMPANIES FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS, AND TO DELETE THE REQUIREMENT THAT THE SURETY BOND BE APPROVED BY THE ATTORNEY GENERAL.
(R474) S. 892 -- Senator Garrison: AN ACT TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF THE PLANNING, INSTALLATION, AND MAINTENANCE OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO DELETE A PROVISION ESTABLISHING A MISDEMEANOR OFFENSE AND AUTHORIZING PUNISHMENT THEREFOR, DELETE A REFERENCE TO "STATE FIRE MARSHAL'S CERTIFICATE" AND REPLACE IT WITH A REFERENCE TO "LICENSE", DELETE FURTHER LANGUAGE, ADD LANGUAGE PROVIDING THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT A FULL-TIME OWNER, PARTNER, OFFICER, OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, UNDER CERTAIN CONDITIONS, AND ADD LANGUAGE PROVIDING THAT THE PROVISIONS OF ACT 188 OF 1985 DO NOT APPLY TO LICENSED MECHANICAL CONTRACTORS PERFORMING EMERGENCY REPAIR WORK ON EXISTING FIRE PROTECTION SPRINKLER SYSTEMS OR EXISTING WATER SPRAY SYSTEMS OR EXISTING WATER FOAM SYSTEMS WHERE THE LABOR COST OF THE WORK DOES NOT EXCEED ONE THOUSAND DOLLARS OR TO PERSON ENGAGED IN THE PLANNING, INSTALLATION, REPAIR, ALTERATION, ADDITION, MAINTENANCE, OR INSPECTION OF A FIRE PROTECTION SPRINKLER SYSTEM OR WATER SPRAY SYSTEM OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER; AND TO PROVIDE THAT EVERY DWELLING UNIT WITHIN AN APARTMENT HOUSE HAVING NO FIRE PROTECTION SYSTEM MUST BE PROVIDED WITH AN APPROVED LISTED SMOKE DETECTOR INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATION AND LISTING, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE MOUNTING OF THE SMOKE DETECTOR, LIABILITY FOR DAMAGE, PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA FIRE COMMISSION, AND THE EFFECTIVE DATE OF APPLICABILITY.
(R475) S. 1218 -- Senators Moore, Shealy and Setzler: AN ACT TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1986.
(R476) H. 3568 -- Ways and Means Committee: AN ACT TO ESTABLISH THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, TO PROVIDE FOR A GOVERNING BODY THEREFOR TO BE KNOWN AS THE POLICY COUNCIL, TO PROVIDE FOR AN ADVISORY COUNCIL FOR THIS GOVERNING BODY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE CONTINUUM OF CARE.
(R477) H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: AN ACT TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.
(R478) H. 3660 -- Rep. J. Anderson: AN ACT TO AMEND SECTION 23-31-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE ISSUANCE OF PERMITS TO CARRY A PISTOL, SO AS TO REQUIRE THE APPLICANT FOR A PERMIT TO SUBMIT A SET OF FINGERPRINTS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION.
(R479) H. 3661 -- Rep. J. Anderson: AN ACT TO AMEND SECTION 23-31-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PERSONS TO SELL PISTOLS AT RETAIL AS DEALERS, SO AS TO REQUIRE AS A PREREQUISITE FOR ISSUANCE OF A LICENSE THAT THE APPLICANT HAVE A CURRENT FEDERAL FIREARMS LICENSE AND MAINTAIN THE FEDERAL LICENSE TO CONTINUE TO HOLD HIS STATE DEALER'S LICENSE.
(R480) H. 3713 -- Rep. S. Anderson: AN ACT TO AMEND CHAPTER 32 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS BY ADDING SECTION 27-32-250 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF "VACATION MULTIPLE OWNERSHIP INTERESTS".
(R481) H. 3833 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 701, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
(R482) H. 2762 -- Reps. P. Harris, J. Harris, Woods and Helmly: AN ACT 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 PROCEDURE FOR EXAMINING PERSONS TO DETERMINE WHETHER OR NOT THEY ARE MENTALLY ILL AND SHOULD BE DETAINED.
(R483) H. 2500 -- Rep. Hearn: AN ACT TO REGULATE TRAVEL TRAILER SALES AND PROVIDE PENALTIES FOR VIOLATIONS.
(R484) H. 2808 -- Reps. P. Bradley and Beasley: AN ACT TO AMEND SECTION 40-21-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CHARGES AGAINST PERSONS WHO HOLD A CERTIFICATE OF REGISTRATION FROM THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE HEARINGS THEREON, SO AS TO REVISE THE PENALTIES WHICH THE BOARD MAY IMPOSE UPON VOTING TO SUSTAIN THE CHARGES, INCLUDING THE AUTHORIZATION OF CIVIL FINES, AND TO PROVIDE FOR THE MANNER IN WHICH THE FINES COLLECTED ARE TO BE EXPENDED.
(R485) H. 3239 -- Rep. P. Harris: AN ACT TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.
(R486) H. 3287 -- Reps. Evatt, Wilkins and Beasley: AN ACT TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF A PARTY TO A LEGAL PROCEEDING TO TESTIFY OR GIVE EVIDENCE, SO AS TO REQUIRE A HUSBAND OR WIFE TO DISCLOSE INFORMATION GIVEN TO THEM BY THE OTHER DURING THEIR MARRIAGE WHERE THE PROCEEDING CONCERNS OR IS BASED ON CRIMINAL SEXUAL CONDUCT INVOLVING A MINOR OR ATTEMPTING TO COMMIT A LEWD ACT UPON A MINOR.
(R487) H. 3507 -- Reps. Cooper, Kay, Blackwell, Chamblee and Evatt: AN ACT TO PROVIDE THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION, AND TO PROVIDE THAT NOTHING IN THIS ACT MAY BE CONSTRUED TO INTERFERE IN ANY WAY WITH THE MEDICAL DECISION OF THE PRIMARY HEALTH CARE PROVIDER TO USE OR NOT USE ANY HEALTH PROFESSIONAL ON A CASE BY CASE BASIS.
(R488) H. 3688 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO APPLICATION FOR LICENSURE (FOREIGN TRAINED APPLICANTS) AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 685, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
(R489) H. 3689 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 676, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
(R490) H. 3704 -- Rep. Cooper: AN ACT TO AMEND SECTION 40-25-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF HEARING AID DEALERS AND FITTERS' LICENSES AND THE CONTINUING EDUCATION REQUIREMENTS IN ORDER TO MAINTAIN A LICENSE, SO AS TO REVISE THE MANNER IN WHICH THE COMMISSION OF HEARING AID DEALERS AND FITTERS APPROVES CONTINUING EDUCATION TRAINING PROGRAMS.
(R491) H. 3718 -- Reps. Snow, Waldrop, Foxworth, Rhoad, Bennett, Koon, Thrailkill, K. Bailey, Barfield, Beasley, G. Brown, R. Brown, Pearce, Mitchell, Rice, McKay, Gilbert, McEachin, H. Brown, Elliott, Carnell and McAbee: AN ACT TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD AND TO PROVIDE PENALTIES.
(R492) H. 3739 -- Rep. J. Bradley: A JOINT RESOLUTION TO AUTHORIZE THE CITADEL BOARD OF VISITORS ON BEHALF OF THE CITADEL TO PURCHASE CERTAIN PROPERTY IN CHARLESTON AT A COST OF TWO MILLION DOLLARS AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS WILL BE OBTAINED AND REPAID CONCERNING THIS PURCHASE.
(R493) H. 3744 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTIONS 38-59-140 THROUGH 38-59-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF LICENSED HEALTH CARE PROVIDERS, SO AS TO CHANGE THE METHOD BY WHICH PROVIDERS MAY PARTICIPATE IN THE FUND; REQUIRE THAT IN ADDITION TO ANNUAL MEMBERSHIP FEES, THE BOARD MAY MAKE DEFICIT ASSESSMENTS WHEN INSUFFICIENT FUNDS ARE AVAILABLE TO MEET THE FUND'S LIABILITY, TO PROVIDE THAT MEMBERSHIP IN THE FUND IS CONTINGENT UPON THE FUND MEMBER MAKING TIMELY PAYMENTS OF ALL MEMBER FEES AND DEFICIT ASSESSMENTS; DELETE THE REQUIREMENT THAT THE STATE TREASURER MUST INVEST AND REINVEST THE FUND IN SHORT-TERM INTEREST BEARING INVESTMENTS; DELETE THE REQUIREMENT THAT REPORTS OF AUDITS OF THE FUND BE PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, TO PROVIDE A PROCEDURE BY WHICH HEALTH CARE PROVIDERS MAY WITHDRAW FROM PARTICIPATION IN THE FUND; DELETE THE PROVISION THAT A PROVIDER PARTICIPATING IN THE FUND IS LIABLE FOR LOSSES UP TO THE AMOUNT OF ITS COVERAGE AND TO AUTHORIZE THE PROVIDER TO RECEIVE AN APPROPRIATE REDUCTION OF ITS ASSESSMENT OF THE FUND; AND DELETE THE REQUIREMENT THAT ANY PERSON AFFECTED BY ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND MAY APPEAL TO THE COMMISSION WITHIN THIRTY DAYS AND TO ADD THE PROVISION THAT ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND IS SUBJECT TO REVIEW AS PROVIDED IN SECTION 1-23-380 OF THE 1976 CODE.
(R494) H. 3792 -- Rep. McLeod: AN ACT TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UNDER WHICH INSURANCE MAY BE SOLD TO AND REQUIRED OF A BORROWER FOR INSURING PERSONAL PROPERTY SECURING A LOAN, SO AS TO ADD UNEMPLOYMENT INSURANCE TO THAT INSURANCE AUTHORIZED TO PROVIDE PERIODIC BENEFITS WHICH MAY NOT EXCEED AN AMOUNT WHICH EQUALS THE AMOUNT OF EACH PERIODIC INSTALLMENT PAYMENT MADE UNDER THE LOAN CONTRACT, AND TO AMEND SECTION 37-3-202 RELATING TO THE ADDITIONAL CHARGES THAT A LENDER MAY CONTRACT FOR AND RECEIVE IN CONNECTION WITH A CONSUMER LOAN, SO AS TO AUTHORIZE UNEMPLOYMENT INSURANCE TO BE PROVIDED A DEBTOR.
(R495) H. 3106 -- Rep. Shelton: AN ACT TO AMEND SECTION 56-3-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR, AMONG OTHER THINGS, REPLACEMENT VEHICLE LICENSE PLATES AND REPLACEMENT REVALIDATION STICKERS, SO AS TO REVISE THESE FEES AND PROVIDE THAT THE DEPARTMENT SHALL REQUIRE PROOF OF THE PAYMENT OF TAXES WHEN ISSUING THESE REPLACEMENT PLATES OR STICKERS.
(R496) H. 3309 -- Rep. Rawl: AN ACT TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE THAT WHENEVER THE STATE HOUSING AUTHORITY (AUTHORITY) COLLECTS OR RECEIVES INCOME FROM FEES COLLECTED, OTHER EARNED INCOME, OR ANY INVESTMENT INCOME DERIVED FROM FUND ASSETS, THE AUTHORITY SHALL PAY THESE MONIES TO THE STATE TREASURER FOR DEPOSIT IN A SEPARATE ACCOUNT KNOWN AS THE "STATE HOUSING AUTHORITY PROGRAM FUND" (FUND), PROVIDE FOR THE ADMINISTRATION OF THE MONIES IN THE FUND AND THEIR PAYMENT OUT OF THE FUND, REQUIRE THE AUTHORITY TO MAINTAIN SEPARATE RECORDS AND BOOKS OF ACCOUNT FOR THESE MONIES, PROVIDE THAT THE MONIES IN THE FUND MAY BE USED ONLY IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED IN REGULATIONS PROMULGATED BY THE AUTHORITY, AND REQUIRE THAT ANY INTEREST OR OTHER INCREMENT RESULTING FROM INVESTMENT BE DEPOSITED IN THE FUND.
(R497) H. 3427 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: AN ACT TO AMEND SECTIONS 40-1-190, 40-1-200, 40-1-240, AND 40-1-560, ALL AS AMENDED, AND 40-1-50, 40-1-150, 40-1-180, 40-1-250, 40-1-360, 40-1-510, 40-1-520, 40-1-530, AND 40-1-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS, SO AS TO CHANGE REFERENCES FROM CORPORATION TO PROFESSIONAL ASSOCIATION; PROVIDE THAT THE BOARD OF ACCOUNTANCY COLLECT FEES AND DEPOSIT THE FEES IN THE GENERAL FUND OF THE STATE; PROVIDE THAT AN APPLICANT FOR EXAMINATION MUST DEMONSTRATE THAT HE DOES NOT HAVE A HISTORY OF DISHONEST OR FELONIOUS ACTS AND THAT HE HAS A BACCALAUREATE DEGREE AND A MINIMUM OF TWENTY-FOUR HOURS OR THE EQUIVALENT IN ACCOUNTING AND PROVIDE FOR A WAIVER OF EDUCATIONAL REQUIREMENTS FOR A PUBLIC ACCOUNTANT WHO IS PRACTICING ON JULY 1, 1965; PROVIDE THAT THE DATES SET IN A NEWSPAPER FOR THE EXAMINATION TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT MUST APPEAR IN THE NEWSPAPER BY SEPTEMBER FIRST FOR THE NOVEMBER EXAMINATION AND BY MARCH FIRST FOR THE MAY EXAMINATION AND THE APPLICATION MUST BE SUBMITTED ON THESE DATES AND TO INCREASE THE INITIAL EXAMINATION FEE FOR A CERTIFIED PUBLIC ACCOUNTANT FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS AND THE FEE FOR REEXAMINATION FROM FORTY DOLLARS TO EIGHTY DOLLARS; PROVIDE THAT THE FEE FOR A CERTIFICATE OF REGISTRATION AS A CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF TWENTY-FIVE DOLLARS; PROVIDE THAT THE WAIVER OF EXAMINATION FOR A CERTIFIED PUBLIC ACCOUNTANT DOES NOT APPLY TO A PERSON WHO HOLDS A CERTIFICATE OR DEGREE OF A FOREIGN COUNTRY; PROVIDE THAT THE FEE FOR NONRESIDENT CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF THIRTY-EIGHT DOLLARS; TO MAKE A TECHNICAL CORRECTION BY STRIKING COURT AND INSERTING COURSE; REMOVE THE GRANDFATHER PROVISIONS FOR ACCOUNTING PRACTITIONERS WHO ARE LICENSED TO PRACTICE AS OF JUNE 11, 1969, OR JULY 1, 1970, RESPECTIVELY, AND TO STRIKE A SIMILAR PROVISION FOR MEMBERS OF THE ARMED FORCES; PROVIDE THAT DEFAULT IN PAYMENT OF THE LICENSE FEE BY AN ACCOUNTING PRACTITIONER SHALL RESULT IN REVOCATION OF THE CERTIFICATE OF REGISTRATION OR LICENSE; REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY; AND TO REPEAL SECTION 40-1-260 RELATING TO PERSONS ENTITLED TO REGISTRATION AS A PUBLIC ACCOUNTANT UNTIL JANUARY 1, 1972.
At 11:15 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
On motion of Rep. J. BRADLEY, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the calendar without reference:
H. 3934 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1986-87 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1986-87.
Without reference.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3934 be read the second and third times the next two successive legislative days.
On motion of Rep. BENNETT, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the calendar without reference:
H. 3935 -- Reps. Bennett, K. Bailey and Mitchell: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE THAT IN SCHOOL DISTRICTS 3 AND 8 TAX MILLAGE MAY BE INCREASED BY NO MORE THAN TWELVE MILLS AND IN SCHOOLS DISTRICTS 1, 2, 4, 5, 6, AND 7 INCREASED BY NO MORE THAN FIVE MILLS ABOVE THE INFLATION FACTOR PRESCRIBED BY THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 WITHOUT A REFERENDUM, AND TO REQUIRE A REFERENDUM IF THE INCREASE EXCEEDS THE FIVE OR TWELVE MILLS LIMITATIONS.
Without reference.
On motion of Rep. BENNETT, with unanimous consent, it was ordered that H. 3935 be read the second and third times the next two successive legislative days.
The following Bill was taken up.
S. 693 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 53-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR AMUSEMENT PARKS AND RECOGNIZED STATE AND COUNTY FAIRS TO OPERATE ON SUNDAYS, SO AS TO PROHIBIT THE OPERATION OF RECOGNIZED STATE AND COUNTY FAIRS BETWEEN THE HOURS OF 10:00 A.M. AND 1:00 P.M. ON SUNDAY.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2319R), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 53-1-30 of the 1976 Code, as last amended by Act 86 of 1985, is further amended to read:
"Section 53-1-30. All amusement parks and recognized state and county fairs may operate on Sundays, except that the governing body of a county may by ordinance prohibit Sunday operation of recognized state and county fairs in the county between the hours of 10:00 a.m. and 1:00 p.m."/
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Reps. BLACKWELL and ALEXANDER objected to the Bill.
Rep. SHEHEEN continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHEHEEN asked unanimous consent that S. 693 be read a third time tomorrow.
Reps. ALEXANDER and BLACKWELL objected.
The following Bill was taken up.
S. 726 -- Senator Ravenel: A BILL TO PROHIBIT A PUBLIC BODY FROM, AMONG OTHER THINGS, DISCHARGING, DEMOTING, OR PUNISHING ANY EMPLOYEE FOR REPORTING A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION WHICH INVOLVES A PUBLIC BODY, FOR EXPOSING GOVERNMENTAL CRIMINALITY, CORRUPTION, WASTE, FRAUD, GROSS NEGLIGENCE, OR MISMANAGEMENT, OR FOR TESTIFYING CONCERNING THESE MATTERS; TO DEFINE "PUBLIC BODY"; TO CREATE A MISDEMEANOR OFFENSE AND PROVIDE PENALTIES; TO ESTABLISH A CIVIL CAUSE OF ACTION IN BEHALF OF THE EMPLOYEE FOR DAMAGES, FOR REINSTATEMENT TO HIS FORMER POSITION AND LOST WAGES, OR FOR BOTH; AND TO PROVIDE FOR THE COMMENCEMENT AND BARRING OF THIS CIVIL CAUSE OF ACTION.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4317R).
Amend the bill, as and if amended, in subsection A. of Section 4, by striking /one year/ as contained on line 44 of page 2 and inserting /ninety days/; by striking /one year/ as contained on line 3 of page 3 and inserting /ninety days/; and by striking /one year/ as contained on line 6 of page 3 and inserting /ninety days/.
When amended, subsection A. of Section 4 shall read:
/A. It is presumed that an employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within ninety days after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body or within ninety days after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement or within ninety days after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 2 was wrongfully treated in one or more ways described in this subsection, whichever may be applicable. In that event, the employee may institute a civil action either for damages or for reinstatement to his former position and lost wages, or for both, in a jury or a nonjury proceeding, in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred./
Amend the bill further, as and if amended, by striking subsection C. of Section 4 and inserting:
/C. Any court or jury award under this section may include actual damages, court costs, and reasonable attorney's fees and the amount of any damages awarded must be trebled./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. TOAL spoke upon the amendment.
Reps. L. MARTIN, DAVENPORT, P. BRADLEY and FOXWORTH objected to the Bill.
The following Bill was taken up.
S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4315R), which was adopted.
Amend the bill, as and if amended, by striking item (d) of Section 2 which begins on line 6 of page 2 and inserting:
/(d) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this act unless negligence on the part of the insurance company or authorized agency against the insured is shown./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 733 be read the third time tomorrow.
Rep. KLAPMAN moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 3890 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, LICENSE REQUIREMENTS, EXAMINATIONS AND FEES, AND PROFESSIONAL CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 658, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. T. ROGERS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3936 -- Reps. Harvin, Schwartz and S. Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE THE HONORABLE T.W. EDWARDS, JR., FOR TWENTY YEARS OF DEDICATED, DEVOTED, AND CONTINUOUS SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM SPARTANBURG COUNTY.
Whereas, the ever-popular and affable T.W. Edwards, Jr., has risen to power and prestige in the Hall of the House of Representatives and is presently 1st Vice-Chairman of the powerful Ways and Means Committee; and
Whereas, he embodies and personifies the words of that durable old hymn, "How Great Thou Art"; and
Whereas, the General Assembly wishes for him continued success, and may all his aspirations that are not in conflict with other ambitious members of the General Assembly be realized. 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, congratulate and recognize the Honorable T.W. Edwards, Jr., for twenty years of dedicated, devoted, and continuous service as a member of the House of Representatives from Spartanburg County.
Be it further resolved that a copy of this resolution be forwarded to the Honorable T.W. Edwards, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3937 -- Richland Delegation: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CHRISTINE WEBB, PRINCIPAL OF DREHER HIGH SCHOOL, COLUMBIA, FOR HER MANY YEARS OF UNSELFISH AND DEDICATED SERVICE TO THE STUDENTS OF DREHER HIGH SCHOOL AND TO EXTEND BEST WISHES FOR A PLEASANT AND REWARDING RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3938 -- Reps. McAbee, Carnell, J.C. Johnson, M.D. Burriss, T. Rogers, Holt, Bennett, Stoddard, Alexander, Kirsh, Kay, P. Harris, Russell, McBride, Jones, Sharpe, Nettles, B.L. Hendricks and Tucker: A CONCURRENT RESOLUTION AUTHORIZING A PORTRAIT OF THE HONORABLE WILLIAM JENNINGS BRYAN DORN, UNITED STATES CONGRESSMAN, TO BE PLACED APPROPRIATELY IN THE STATE HOUSE AND TO BE PAID FOR BY PRIVATE CONTRIBUTIONS.
Whereas, the Honorable William Jennings Bryan Dorn was a member of the South Carolina House of Representatives from Greenwood County from 1939-1940 and a member of the South Carolina Senate from 1941-1942; and
Whereas, in 1942, after serving three and one-half years, he resigned from the South Carolina Senate and volunteered for the Army Air Corps where he served with the 9th Air Force in Europe until his discharge eighteen months later; and
Whereas, in 1946, he was elected to the United States Congress where at that time he was one of the youngest members of that 80th Congress; and
Whereas, in 1950, the constituents of the Third Congressional District again returned him to Congress where he served until his retirement in 1974; and
Whereas, while in Congress he was chairman of the Veterans Committee, a member of the Public Works Committee; Secretary and organizer of the House of Representatives Informal Textile Committee, and he was also Dean of the South Carolina Congressional Delegation; and
Whereas, Congressman Dorn is a popular and revered figure in South Carolina whose concern and interest in the citizens of this State transcend party lines; and
Whereas, he was champion of the veterans, not only of South Carolina, but throughout the nation. It was Bryan Dorn who understood and articulated their desires, their needs, and their hopes; and
Whereas, he was as renowned for his oratory as was his namesake, William Jennings Bryan, and used this talent not as the demagogue but to correct a wrong and to awaken in man his nobler instincts and motives; and
Whereas, it is the sense of the South Carolina General Assembly that it is proper and fitting that the Honorable William Jennings Bryan Dorn is deserving of the honor of having his portrait appropriately placed in the State House; and
Whereas, it is believed that such a portrait would be willingly paid for by private contributions from persons eager to join publicly with the General Assembly in according William Jennings Bryan Dorn this honor. 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, authorize a portrait of the Honorable William Jennings Bryan Dorn, United States Congressman, to be placed appropriately in the State House and to be paid for by private contributions.
Be it further resolved that a copy of this resolution be forwarded to the Honorable William Jennings Bryan Dorn.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3939 -- Rep. Kirsh: A BILL TO AMEND ACT 246 OF 1983, RELATING TO THE LEVY AND DISTRIBUTION OF SCHOOL TAXES IN YORK COUNTY, SO AS TO REDUCE THE AUTHORIZED MILLAGE FROM THIRTY-ONE AND ONE-HALF TO TWENTY-EIGHT.
Referred to York Delegation.
S. 1315 -- Senators Horace C. Smith, E. Patterson and Lee: A BILL TO AMEND SECTION 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES OF POLITICAL SUBDIVISIONS AS MEMBERS OF THE STATE RETIREMENT SYSTEM, SO AS TO AUTHORIZE MEMBERS OF A CITY RETIREMENT SYSTEM WHO TRANSFER TO A UNIT COVERED BY THE STATE RETIREMENT SYSTEM TO RECEIVE CREDIT UNDER THE STATE SYSTEM BY PAYING THE FULL ACTUARIAL COST AS DETERMINED BY THE ACTUARY OF THE STATE RETIREMENT SYSTEM.
Rep. EDWARDS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to the Committee on Ways and Means.
Rep. SHEHEEN moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 3891 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTOMETRY, RELATING TO USE OF MIOTIC, AND RULES GOVERNING THE MAINTENANCE OF RECORDS BY OPTOMETRISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 582, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. FREEMAN raised the question of a quorum.
A quorum was present.
Rep. FREEMAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2266 -- Judiciary Committee: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78, SO AS TO ENACT THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND ACT 182 OF 1977, RELATING TO CERTAIN CHARITABLE AND SOVEREIGN IMMUNITY SO AS TO REVISE THE LIMITS OF THIS IMMUNITY, TO AMEND SECTION 59-67-710, RELATING TO INSURANCE ON SCHOOL BUSES AND THE LIMITS OF LIABILITY INVOLVING ACCIDENTS THEREOF SO AS TO REVISE CERTAIN OF THESE LIMITS, AND TO REPEAL ARTICLE 3, CHAPTER 77 OF TITLE 15; ARTICLE 13, CHAPTER 5, OF TITLE 57; ARTICLE 9, CHAPTER 17, OF TITLE 57; SECTION 5-7-70 OF THE 1976 CODE, ALL RELATING TO CERTAIN DAMAGE CLAIMS OR SUITS THEREON.
Rep. McLELLAN moved that the House resolve itself into a Committee of the Whole, which was agreed to by a division vote of 71 to 13.
The SPEAKER Pro Tempore appointed Rep. FERGUSON Chairman of the Committee.
At 12:29 P.M., the Committee arose.
Rep. TOAL moved to waive Rule 6.1, which was agreed to.
Rep. MATTOS moved that the House do now recede until 2:00 P.M.
Rep. SIMPSON moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Bradley, J. Elliott Foxworth Harris, P. Koon Moss Simpson Townsend Tucker Williams
Those who voted in the negative are:
Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Barfield Beasley Bennett Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. 4Burriss, T.M. Carnell Chamblee Cooper Dangerfield Davenport Day Derrick Edwards Faber Felder Ferguson Foster Freeman Gentry Gregory Harris, J. Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McTeer Neilson Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Snow Taylor Thrailkill Toal Waldrop White Wilkins Woodruff
So, the House refused to adjourn.
Rep. MATTOS withdrew his motion to recede.
Rep. WILKINS moved that the House resolve itself into a Committee of the Whole, which was agreed to.
The SPEAKER Pro Tempore appointed Rep. KOON Chairman of the Committee.
At. 12:55 P.M., the Committee arose.
Rep. FREEMAN raised the question of a quorum.
A quorum was present.
Rep. FREEMAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference.
H. 2266 -- Judiciary Committee: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78, SO AS TO ENACT THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND ACT 182 OF 1977, RELATING TO CERTAIN CHARITABLE AND SOVEREIGN IMMUNITY SO AS TO REVISE THE LIMITS OF THIS IMMUNITY, TO AMEND SECTION 59-67-710, RELATING TO INSURANCE ON SCHOOL BUSES AND THE LIMITS OF LIABILITY INVOLVING ACCIDENTS THEREOF SO AS TO REVISE CERTAIN OF THESE LIMITS, AND TO REPEAL ARTICLE 3, CHAPTER 77 OF TITLE 15; ARTICLE 13, CHAPTER 5, OF TITLE 57; ARTICLE 9, CHAPTER 17, OF TITLE 57; SECTION 5-7-70 OF THE 1976 CODE, ALL RELATING TO CERTAIN DAMAGE CLAIMS OR SUITS THEREON.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, G. Barfield Beasley Bennett Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gregory Harris, J. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McTeer Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams
Those who voted in the negative are:
Arthur, W. Aydlette Bradley, P. Davenport Taylor Woodruff
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; The SPEAKER Pro Tempore appointed Reps. J. ANDERSON, FREEMAN and WILKINS to the Committee of Free Conference and a message was sent to the Senate accordingly.
Rep. COOPER moved that the House recede until 2:45 P.M.
Rep. HAWKINS moved that the House do now adjourn.
Rep. W. ARTHUR moved that when the House adjourns it adjourn to meet at 12:00 Noon, Tuesday, for Statewide matters.
Rep. TOAL raised the Point of Order that the motion was out of order as the motion to adjourn is a higher motion.
The SPEAKER Pro Tempore sustained the Point of Order.
The question then recurred to the motion to adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Arthur, J. Arthur, W. Aydlette Bailey, K. Barfield Bennett Blanding Boan Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Dangerfield Day Elliott Ferguson Foxworth Freeman Gilbert Gregory Harris, J. Hawkins Hearn Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Kirsh Koon Limehouse Mangum Martin, D. Martin, L. McAbee McKay McLellan Mitchell Nettles Phillips, O. Rawl Rhoad Russell Simpson Snow Stoddard Thrailkill Tucker Washington Williams Woodruff
Those who voted in the negative are:
Anderson, J. Anderson, S. Bailey, G. Beasley Blackwell Brown, H. Cooper Davenport Edwards Faber Fair Felder Foster Gentry Hayes Huff Jones Kay Keyserling Klapman Lake Lockemy McBride McEachin McTeer Moss Neilson Ogburn Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Taylor Toal Townsend Waldrop White Wilkins
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 3932 -- Rep. J. Anderson: A CONCURRENT RESOLUTION CONGRATULATING JACOB LUTHER AULL OF JOHNSTON, IN EDGEFIELD COUNTY, UPON RECEIVING THE 1986 SERVICE TO MANKIND AWARD FROM THE JOHNSTON SERTOMA CLUB.
H. 3933 -- Reps. Klapman, Derrick, Koon, Sharpe and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. W. EARLE WILLIAMS, SR., OF WEST COLUMBIA UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
H. 3936 -- Reps. Harvin, Schwartz and S. Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE THE HONORABLE T.W. EDWARDS, JR., FOR TWENTY YEARS OF DEDICATED, DEVOTED, AND CONTINUOUS SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM SPARTANBURG COUNTY.
H. 3937 -- Richland Delegation: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CHRISTINE WEBB, PRINCIPAL OF DREHER HIGH SCHOOL, COLUMBIA, FOR HER MANY YEARS OF UNSELFISH AND DEDICATED SERVICE TO THE STUDENTS OF DREHER HIGH SCHOOL AND TO EXTEND BEST WISHES FOR A PLEASANT AND REWARDING RETIREMENT.
At 1:00 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned to meet at 10.00 A.M. tomorrow.
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