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:
Almighty God, the Giver of every good and perfect gift, stay with us throughout this day and every day. When duties are heavy, give us strength to perform well. When pressures are great, grant us inner peace. When days are long and demands are numerous, give us poise and power to think clearly and to act wisely. Grant us the ability to bear the wounds of criticism, the hurt of misunderstanding, the pain of misjudged motives, and the monotony of daily toil. Bestow upon each one a steadfast faith, an enduring hope, and the will to "seek first the Kingdom of God and His righteousness", in the sure knowledge that all else will be in order.
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. LIMEHOUSE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
May 20, 1986
The Honorable Liston D. Barfield, Chairman
Committee on Invitations and Memorial Resolutions
P.O. Box 11867
Columbia, SC 29211
Dear Mr. Barfield:
The House Education and Public Works Committee cordially invites members, spouses and staff to the annual Pool Party at the Heart of Columbia on Wednesday, June 4, 1986, 6:30 p.m.
Thank you.
Sincerely,
Eugene C. Stoddard
Chairman
The following was received.
May 20, 1986
The Honorable Ramon Schwartz, Jr.
Speaker, House of Representatives
P.O. Box 11867
Columbia, SC 29211
Dear Ramon:
Please let this letter stand as my resignation from the House Rules Committee. I would like for this resignation to be effective immediately.
Thank you.
Yours truly,
Palmer Freeman, Jr.
Received as information.
The following was received.
May 21, 1986
The Honorable John W. Tucker, Jr.
Member, South Carolina House of
Representatives
436A Blatt Building
Columbia, SC 29211
Dear Johnny:
It is with pleasure that I am today appointing you to serve on the Rules Committee. You will replace Representative Palmer Freeman, Jr., who has resigned from the committee effective May 20, 1986.
I am confident that you will be an asset serving in this capacity, and I deeply appreciate your interest in this committee.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas E. Smith, Jr.
Chairman, Judicial Screening
Committee
DATE: May 16, 1986
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Thomas E. Smith, Jr.
Chairman
/s/ Sen. John A. Martin
/s/ Sen. Isadore E. Lourie
/s/ Sen. Glenn F. McConnell
/s/ Rep. Solomon Blatt
/s/ Rep. James M. Arthur
/s/ Rep. D. Malloy McEachin, Jr.
/s/ Rep. Joseph F. Anderson, Jr.
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
Kaye Gorenflo Hearn was the only candidate who applied to fill the unexpired term of the Honorable Ralph Hoffman, Family Court Judge of the Fifteenth Judicial Circuit, Seat 2. This term will expire on February 29, l988.
Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on May 8, l986, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
Senator Smith: I am going to call the Committee to order. This Screening Committee is convened pursuant to Act 119 of 1975 which requires a review of candidates for judicial office. The function of the Committee is not to choose between candidates but rather to declare whether or not the candidates who offer for positions on the Bench are in the Committee's judgment qualified to fill the position.
The inquiry which we undertake is a thorough one. It involves a complete personal and professional background check on every candidate. The candidate is investigated by the South Carolina Law Enforcement Division including Courthouse records. A Statement of Economic Interest is required. We receive a credit report. We receive reports from the Board of Commissioners on Grievances and Discipline with respect to attorneys and judges who are offering and from the Board of Commissioners on Judicial Standards with respect to sitting judges. Of course, that does not apply in this case. The candidate's Personal Data Questionnaire details her personal history, health and professional experience and contains five letters of reference.
We are here today for the purpose of examining a candidate for the vacancy on the Fifteenth Judicial Circuit in the Family Court. The Notice of Vacancy was publicly made and no candidate has come forward other than Kay Gorenflo Hearn. No citizen has asked to be heard with respect to her candidacy. So, I would now ask you if you would raise your hand and take the oath.
Kay Gorenflo Hearn, first being duly sworn by Senator Smith, testifies as follows:
BY SENATOR SMITH:
Q. Mrs. Hearn, you have had an opportunity to review our summary of your questionnaire that you filled out called the Personal Data Questionnaire Summary?
A. Yes, sir.
Q. We do that for the purpose of shortening the record but we want to make sure we have included any and everything that should be included. Have you had a chance to review it?
A. Yes, sir, I have.
Q. Is it correct?
A. Yes, sir, it is. It appears to be complete.
Q. Is there anything that needs clarification or anything that you would like for us to add?
A. No, sir.
Q. Is there any objection if we made our summary of that Questionnaire a part of the record as your sworn testimony?
A. That would be fine.
1. Kay Gorenflo Hearn
Home Address: Business Address:
507 9th Avenue P. O. Drawer l27
Conway, SC 29526 Loris, SC 29569-0l27
2. She was born in Delaware, Ohio on January 30, l950.
Social Security Number: ***-**-*****
4. She was married to George M. Hearn, Jr. on February l6, l980.
6. She attended Bethany College, l968-l972 (B. A. History, magna cum laude), Edinboro College, l973-l974 (left to attend law school), and University of South Carolina School of Law, l974-l977 (J.D., cum laude).
8. Legal Experience since graduation from law school:
April, l977 - August, l979, law clerk to the Honorable J. B. Ness; September, l979 - January, l98l, associate with Stevens, Stevens & Thomas; January, l98l - present, partner in law firm of Stevens, Stevens, Thomas, Hearn & Hearn, P.A.
9. Frequency of appearances in court during last five years:
Federal - approximately once per year
State - approximately once per month
Other - Family (approximately twice per week)
10. Percentage of litigation:
Civil: 25%
Domestic: 75%
Criminal: none except for an occasional criminal appeal
11. Percentage of cases in trial courts:
Jury: 25%
Non-Jury: 75% (Family Court)
chief counsel
l2. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) King v. Williams, 276 S.C. 478, 279 SE2d 6l8 (l98l)
This case abolished the locality rule in medical malpractice cases. She was appellate counsel in this matter.
(b) Gasque V. Heublein, et al., 28l SC 278, 3l5 SE2d 556 (S.C. App. l984). She was co-trial counsel and appellate counsel in this products liability case which involved the Plaintiff's loss of an eye from an exploding champagne cork. The Plaintiff received a verdict of $750,000, which was upheld on appeal.
(c) Sweatt v. Norman, 283 SC 443, 322 SE2d 478 (S.C. App. l984). She was trial and appellate co-counsel in this automobile accident case. The Plaintiff received a verdict of l.5 million dollars which was upheld on appeal. The case involved an interesting application of the Family Purpose Rule.
(d) Graham v. Whitaker, 282 SC 393, 32l SE2d 40 (l984). She was trial and appellate co-counsel in this slip-and-fall case which upheld the trial judge's decision to grant a new trial additur.
(e) Creel v. Creel (unreported case---appeal abandoned by opposing counsel). She was chief counsel in this family court case which involved four days of litigation, the use of expert economists, accountants and appraisers, and complicated questions of equitable division. Her husband and she were awarded attorney's fees of $63,000.
l4. Public Office: Appointed to South Carolina Board of Law Examiners, l984 to present.
l6. She is secretary in Professional Association of Stevens, Stevens, Thomas, Hearn & Hearn.
2l. She was sued by her first husband, R. Howard Grubbs, for divorce on the ground of desertion. The divorce was granted in l978.
23. Health is good.
25. She wears corrective lenses.
30. Civic, charitable, religious, educational, social, and fraternal organizations: St. Paul's Episcopal Church (lay-reader, youth advisor, choir member); Conway Business & Professional Women's Club; Board Member of Coastal Carolina Hospital; Chairman, Horry County Family Court Advisory Committee, l984 - present; Chairman, Horry County Bar Association, Family Court Committee.
33. Five letters of reference:
(a) Mrs. Anne W. Small, Vice-President
National Bank of South Carolina
P. O. Box 368, Loris, SC 29569
(b) Honorable Randall Bell, Associate Justice
S. C. Court of Appeals
P. O. Box ll629, Columbia, SC 292ll
(c) Honorable David H. Maring
Family Court Judge, l5th Judicial Circuit
P. O. Box 806, Georgetown, SC 29440
(d) The Reverend J. Gregory Prior
St. Paul's Episcopal Church
7l0 Main Street, Conway, SC 29526
(e) Honorable William J. Craine, Jr.
Family Court Judge, 8th Judicial Circuit
P. O. Box 325, Laurens, SC 29360
Q. Now, your credit is reported as satisfactory. The records of applicable law enforcement agencies are negative. The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgment Rolls of Horry County are negative. That is your county of residence?
A. Yes, sir.
Q. And you have been there for how long?
A. Approximately six years.
Q. So any judgments or things of that nature which might be found of record would be in Horry County?
A. Yes, sir.
Q. The Board of Commissioners of Grievances report that as an attorney no investigations or no complaints or charges of any kind have been filed against you. Your Statement of Economic Interest indicates no conflicting ownerships or associations or transactions. Everything appears to be in order. Let me ask you a couple of questions. You are relatively young, having been born in 1950, who do you want to serve on the Family Court Bench?
A. Senator Smith, I worked for Chief Justice Ness for approximately two years when I graduated from Law School and he inspired in me a great deal of respect for the Judiciary, for the Bench, and I just think it would be a great honor to be able to sit on the Bench.
Q. The Family Court has the reputation of being rather confining in the sense that it is not a roving Circuit Judge and the work habits are not the same, does that prospect bother you?
A. No, sir, that doesn't concern me at all. In fact, I look forward to being able to sort of master one particular area of the law. I think I will enjoy that.
Q. I notice that good bit of your practice, a majority of your practice, has been in the Family Court.
A. Yes, sir, that's correct. I just sort of gravitated in that direction over the years.
Q. I commend you. You have an outstanding record and I commend it highly. I hope you don't find it too confining. I don't think you will but as I say, it has that reputation.
Senator Smith: Mr. Arthur, do you have any questions?
Representative Arthur: I would like to say that from what you might say my investigation of this lady, I have had some people to approach me and she comes very highly recommended and I'm impressed also with her record and her credentials.
Senator Smith: Anything further?
Representative Arthur: That is all.
Senator Smith: Our process is that we will meet in closed session in a very few moments and decide whether or not you are qualified under the law, and the election will be set, if there is one, for May 28th at noon which is the last Wednesday of the month. We will notify you about that. Is there anything further that you would like to say?
A. Nothing, sir.
Senator Smith: Unless there is something further, and I don't believe there is, we will go into Executive Session for just a moment, so I will ask you to excuse yourself. I am glad to see your husband here with you.
A. Yes, sir, me too.
The Judicial Screening Committee has investigated the qualifications of the following candidate and finds her to be qualified to seek election.
Kaye Gorenflo Hearn Fifteenth Judicial Circuit
Seat 2
Respectfully submitted,
Thomas E. Smith, Jr., Chairman
/s/ Sen. John A. Martin
/s/ Sen. Isadore E. Lourie
/s/ Sen. Glenn F. McConnell
/s/ Rep. Solomon Blatt
/s/ Rep. James M. Arthur
/s/ Rep. D. Malloy McEachin, Jr.
/s/ Rep. Joseph F. Anderson, Jr.
(On motion of REP. McEACHIN, ordered printed in the Journal.)
Received as information.
The following was received.
Columbia, S. C., May 22, 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. 1057:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 81
Received as information.
The following was received.
Columbia, S. C., May 22, 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. 1059:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 82
Received as information.
The following was received.
Columbia, S. C., May 21, 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. 1263:
S. 1263 -- Senators Ravenel, Fielding and McConnell: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 79
Received as information.
The following was received.
Columbia, S. C., May 22, 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. 1256:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 83
Received as information.
The following was received.
Columbia, S. C., May 22, 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. 210:
S. 210 -- Senators Bryan, Long, Mitchell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR EXERCISES ANY RIGHT, PRIVILEGE, OR DUTY UNDER THE WORKERS' COMPENSATION LAW AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 86
Received as information.
The following was received.
Columbia, S.C., May 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3430:
H. 3430 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.
and requests that proper notation be recorded on the Bill.
Very respectfully,
President
No. 80
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 received.
May 21, 1986
Speaker Schwartz and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Richard W. Riley
Reappointment, Master-in-Equity, Horry County, with term to expire July 31, 1987:
Mr. John Breeden, 2007 Ye Olde Kings Highway, Cherry Grove Section, North Myrtle Beach, SC 29582
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3927 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, Rice, Shelton and Wilkins: A BILL TO AMEND CHAPTER 11 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-285 SO AS TO PROVIDE FOR THE IMPOSITION OF A CIVIL PENALTY BY POLITICAL SUBDIVISIONS FOR VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE SUBDIVISIONS WHICH RELATE TO WATER OR WASTEWATER FACILITIES.
The Senate returned to the House with amendments the following:
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.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1064 -- Senators Shealy, Pope, Bryan, Wilson, Giese, Peeler, Courson, Thomas, Drummond and E. Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, TO REQUIRE RECIPIENTS OF VARIOUS TYPES OF PUBLIC ASSISTANCE ADMINISTERED BY THE STATE TO REGISTER AND ACCEPT APPROPRIATE EMPLOYMENT AS A CONDITION OF RECEIPT OF ASSISTANCE PAYMENTS, TO DESIGNATE THE DEPARTMENT OF SOCIAL SERVICES AS THE AGENCY AUTHORIZED TO CONDUCT DEMONSTRATION PROJECTS AIMED AT EXPANDING THE EMPLOYMENT OPPORTUNITIES AVAILABLE TO ASSISTANCE RECIPIENTS, TO PROVIDE EXCEPTIONS TO THE WORK REQUIREMENTS, TO PROVIDE THAT REFUSAL TO ACCEPT SUITABLE EMPLOYMENT RENDERS THE RECIPIENT INELIGIBLE FOR ASSISTANCE UNDER THE ACT, AND TO MAKE SPECIAL PROVISIONS FOR PROTECTIVE PAYMENTS ON BEHALF OF DEPENDENT CHILDREN OF THOSE DECLARED INELIGIBLE.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 808 -- Senator Doar: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-140 SO AS TO REQUIRE THE USE OF ANTI-SYPHON DEVICES ON IRRIGATION SYSTEMS AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1047 -- Fish, Game and Forestry Committee: A BILL TO AMEND ACT 176 OF 1977, AS AMENDED, THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT NATURAL RESOURCES RELATED AGENCIES MAY PROMULGATE EMERGENCY REGULATIONS TO PROTECT OR MANAGE NATURAL RESOURCES.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1048 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2020 SO AS TO PROVIDE FOR THE MANAGEMENT OF LAKES AND PONDS OWNED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1073 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN THE ATLANTIC OCEAN, SO AS TO REGULATE THEIR USE DURING THE OPEN SEASON FOR THE TAKING OF AMERICAN SHAD, TO INCREASE THE SIZE OF BUOYS USED TO MARK THEIR LOCATIONS FROM TEN INCHES IN DIAMETER TO TWENTY INCHES IN DIAMETER, AND TO ELIMINATE A PROVISION MAKING POSSESSION OF FRESHLY CAUGHT SHAD DURING THE CLOSED SEASON PRIMA FACIE EVIDENCE OF A VIOLATION.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1074 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-2190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATLANTIC STURGEON, SO AS TO PROVIDE THAT THE DIVISION OF MARINE RESOURCES MAY ESTABLISH MINIMUM OR MAXIMUM SIZE LIMITS ON STURGEON INSTEAD OF MAXIMUM SIZE LIMITS ONLY AND TO PROVIDE THAT ANY SIZE STURGEON TAKEN DURING CLOSED SEASONS OR IN CLOSED AREAS MUST BE IMMEDIATELY RETURNED TO THE WATER.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1075 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED SEASONS AND SIZE LIMITS ON NUMEROUS SALTWATER FISH AND SHELLFISH SPECIES, SO AS TO ADD SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, AND TO IMPOSE A POSSESSION LIMIT ON RED DRUM.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1076 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-855 SO AS TO REGULATE ACTIVITIES RELATING TO HARD CLAMS OF THE GENUS "MERCENARIA".
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1078 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING OF NONGAME FISH BY GILL NETS, SO AS TO REQUIRE STURGEON CAUGHT IN LICENSED SHAD NETS TO BE RETURNED TO THE WATER.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1120 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-125 SO AS TO PRESCRIBE CRITERIA TO BE USED BY THE MARINE RESOURCES DIVISION TO REGULATE FISHING SEASONS, AREAS, TIMES, EQUIPMENT, AND EFFORT; AND TO IMPOSE REQUIREMENTS RELATIVE TO NOTICE OF CHANGES IN FISHERIES MANAGEMENT.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1122 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROHIBIT THE USE OF GILL NETS IN THE WATERS OF THE STATE FROM THE SALTWATER-FRESHWATER DIVIDING LINE SEAWARD, EXCEPT AS PERMITTED BY ARTICLE 15 OF CHAPTER 17 OF TITLE 50, TO AMEND SECTIONS 50-17-1050, AS AMENDED, AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS, AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.
Ordered for consideration tomorrow.
On motion of Rep. MOSS, with unanimous consent, the following was taken up for immediate consideration:
S. 1294 -- Senators Wilson and Setzler: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF JULY 13-19, 1986, AS SOUTH CAROLINA KARATE WEEK.
Whereas, karate has grown to be an international sport with participants in ninety countries; and
Whereas, the philosophy of karate presents a positive system of personal and physical development, stressing the physical benefits of cardiovascular conditioning, muscular development, flexibility, coordination, and balance and encourages loyalty, duty, obligation, service, and politeness, making karate a physical activity that develops the complete person; and
Whereas, the brotherhood of karate is worldwide and through the art and sport develops understanding among the peoples of the world; and
Whereas, there are many participants and devotees of karate in this State who should be recognized for their devotion to the sport. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the week of July 13 - 19, 1986, is designated as South Carolina Karate Week.
Be it further resolved that the week be celebrated with appropriate activities.
Be it further resolved that a copy of this resolution be forwarded to Coach Ridgely Abele of West Columbia.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. BENNETT, with unanimous consent, the following was taken up for immediate consideration:
S. 1329 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE OPENING OF THE NATIONAL EYE CARE PROJECT ON MAY 19, 1986, SPONSORED BY THE FOUNDATION OF THE AMERICAN ACADEMY OF OPHTHALMOLOGY AND THE SOUTH CAROLINA SOCIETY OF OPHTHALMOLOGY AND DESIGNED TO MAKE AVAILABLE PROFESSIONAL MEDICAL AND SURGICAL EYE CARE TO THE NEEDY ELDERLY AT NO OUT-OF-POCKET COST TO THE PATIENT.
Whereas, more than three hundred thousand South Carolina residents are age sixty-five or older, and this age group is vulnerable to potentially blinding eye disease; and
Whereas, older Americans are most likely to be economically disadvantaged or to have lost contact with a personal eye physician; and
Whereas, the project will operate to serve any person age sixty-five or older who is an American citizen or legal resident and does not have a personal ophthalmologist; and
Whereas, a toll-free number, 1-800-222-EYES, may be called for assistance, and an operator using a computerized system will match the caller with a nearby ophthalmologist who has volunteered to provide care; and
Whereas, the emphasis of the project is on the needy, and if a patient does not have Medicare or other health insurance, and four to five percent, more than one million, of elderly Americans do not, for whatever reason, then the physician's services are provided without charge; and
Whereas, if the caller has Medicare or other health insurance, this will pay in full the entire cost of the physician's services; and
Whereas, the project will cost more than three million dollars to operate during 1986 with about half of the money coming from voluntary contributions from ophthalmologists themselves and the remainder coming from the Foundation of the American Academy of Ophthalmology, individual donors, and major corporations associated with the eye care profession; and
Whereas, the foundation has made a commitment to operate the project indefinitely, as long as resources and volunteer medical services are available; and
Whereas, the goal of American eye physicians and surgeons is to ensure that every older American receives the professional medical and surgical eye care he needs, regardless of ability to pay, and that conditions affecting vision are detected and treated promptly. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize the opening of the National Eye Care Project on May 19, 1986, sponsored by the Foundation of the American Academy of Ophthalmology and the South Carolina Society of Ophthalmology and designed to make available professional medical and surgical eye care to the needy elderly at no out-of-pocket cost to the patient.
Be it further resolved that a copy of this resolution be forwarded to Charles R. Duncan, Jr., M.D., President, South Carolina Society of Ophthalmology.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3941 -- Reps. Schwartz and Gilbert: A CONCURRENT RESOLUTION TO DESIGNATE THURSDAY, MAY 22, 1986, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA.
Whereas, Lieutenant Governor Michael R. Daniel will present the South Carolina Boys' Club Youth of the Year award in the Senate Chamber on Thursday, May 22, 1986, to the recipient selected to receive this high and distinguished honor; and
Whereas, the young boy who is ultimately selected for this coveted award must have met stringent standards and criteria; and
Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' Club; and
Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and
Whereas, the applicants are also required to write an essay on the subject "What the Boys' Club Means to Me" and, in addition, he must have overcome a major obstacle in his life; and
Whereas, the South Carolina Youth of the Year will compete with youth from other states for the national award which will be presented by President Ronald Reagan; and
Whereas, the following boys will be recognized on Boys' Club Day:
Roger Dickson from Anderson County
Jeffery L. Robinson from Charleston County
Isaac T. Benn from the Greater Columbia Area
Calvin Wilson, Jr. from Florence County
Daniel Boyd Meetze from Cherokee County
William Earl Robinson from Greenville County
Isiah Reese from Sumter County; and
Whereas, all the youths in the Boys' Clubs from throughout South Carolina who are competing for this prestigious award are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. 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, designates Thursday, May 22, 1986, as "Boys' Club Day" in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. GILBERT, with unanimous consent, introduced the S.C. Boys' Club Youth of the Year.
Rep. FERGUSON, with unanimous consent, made a statement relative to Rep. T.W. EDWARD'S 20 years of service in the House of Representatives.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3940 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WATER RESOURCES COMMISSION, RELATING TO INTERBASIN TRANSFER OF WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 656, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
S. 1261 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MOBILE HOME PARKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 652, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
On motion of Rep. DERRICK, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.
Referred to Dorchester Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Arthur, J. Arthur, W. Aydlette Bailey, G. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lake Lewis Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McTeer Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Russell Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 22, 1986.
Ken Bailey H.L. Mitchell T. Brett Timothy Rogers Sterling Anderson John W. McLeod E. Leroy Nettles Dave C. Waldrop, Jr. Thomas E. Huff Jean Toal A. Victor Rawl Tom G. Woodruff, Jr. Lenoir Sturkie Paul Short John J. Snow, Jr. Charles L. Griffin III
STATEMENT OF ATTENDANCE
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, May 21, 1986.
Announcement was made that Jack L. Ratliff of Aiken is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
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.
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.
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.
Rep. LIMEHOUSE moved to reconsider the vote whereby the following Bill was given a third reading which was agreed to.
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.
Rep. LIMEHOUSE moved to adjourn debate upon the Bill, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
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. LOCKEMY explained the Joint Resolution.
H. 3892 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO RECODIFICATION OF REGULATIONS CONCERNING: USE OF HAZARDOUS SUBSTANCES; EXPLOSIVES; SERVICE STATIONS; TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 672, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3893 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO TRANSPORTATION AND USE OF PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 670, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3894 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 536, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3895 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 535, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3880 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3890 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3891 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3892 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3893 be read the third time tomorrow.
Rep. STODDARD asked unanimous consent that H. 3894 be read a third time tomorrow.
Rep. KLAPMAN objected.
On motion of Rep. STODDARD, with unanimous consent, it was ordered that H. 3895 be read the third time tomorrow.
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. 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.
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. GENTRY moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Rep. BEASLEY moved to adjourn debate upon the following Bill until Wednesday, May 28, 1986, 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.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, May 27, 1986, which was adopted.
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.
The following Bill was taken up.
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.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4053R), which was adopted.
Amend the bill, as and if amended, Section 1, by adding after item (3):
/(4) "P. L. 99-240" means the Federal Low-Level Radioactive Waste Policy Amendments Act of 1985./
Amend further by striking Section 3 and inserting:
/SECTION 3. (A) The regional disposal facility located at Barnwell may accept not more than eight million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law./
Amend further, Section 4, by adding after the second sentence: /The Department shall, after written notice of the deficiency to the generator, the handler, and to the governor of the state, followed by a period of ten days, issue an order denying access to the facility to generators or intermediate handlers in states which fail to provide information that is reasonably necessary to monitor the availability of disposal capacity, the use and assignment of allocation, and the application of surcharges. The state of origin of any generator or intermediate handler to whom an order is issued under this section shall comply immediately and provide the information. Upon application to the Department, the noncomplying state shall be afforded a hearing within thirty days of such application. The noncomplying state, or its chief legal officer, shall represent itself and the generator who was denied access because of the state's noncompliance in all further proceedings. The Attorney General of South Carolina shall represent the interests of South Carolina in all further proceedings. The noncomplying state, or its chief legal officer, may petition the Department for reconsideration of the determination of noncompliance with information requirements and for restoration of access to the disposal facility upon compliance. The noncomplying state, or its chief legal officer, may appeal the decision of the Department to the Court of Common Pleas in Richland County. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, Code of Laws of South Carolina, 1976, except that where the provisions of this act are in conflict with the provisions of Chapter 23 of Title 1, this act shall control./ When amended Section 4 shall read:
/SECTION 4. The department shall provide for the solicitation and collection of information from the United States Department of Energy, generators and handlers of low-level radioactive waste, and operators of disposal facilities in order to determine compliance with the requirements for access to regional facilities under P. L. 99-240. Pursuant to Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart f, the department shall deny access to the facility to generators or to generators in states which fail to comply with information requests pursuant to this section. The Department shall, after written notice of the deficiency to the generator, the handler, and to the governor of the state, followed by a period of ten days, issue an order denying access to the facility to generators or intermediate handlers in states which fail to provide information that is reasonably necessary to monitor the availability of disposal capacity, the use and assignment of allocation and the application of surcharges. The state of origin of any generator or intermediate handler to whom an order is issued under this section shall comply immediately and provide the information. Upon application to the Department, the noncomplying state shall be afforded a hearing within thirty days of such application. The noncomplying state, or its chief legal officer, shall represent itself and the generator who was denied access because of the state's noncompliance in all further proceedings. The Attorney General of South Carolina shall represent the interests of South Carolina in all further proceedings. The noncomplying state, or its chief legal officer, may petition the Department for reconsideration of the determination of noncompliance with information requirements and for restoration of access to the disposal facility upon compliance. The noncomplying state, or its chief legal officer, may appeal the decision of the Department to the Court of Common Pleas in Richland County. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, Code of Laws of South Carolina, 1976, except that where the provisions of this act are in conflict with the provisions of Chapter 23 of Title 1, this act shall control. In consultation with appropriate agencies in the sited states, the compact commissions, and agencies of the federal government, the department shall establish guidelines for defining waste from decontamination or recycling and determining the proportion of brokered or processed waste that is attributable to each state or to each original generator. The guidelines must not be inconsistent with any policies or guidelines pertaining to accountability for brokered or processed waste established by the Southeast Low-Level Radioactive Waste Compact Commission./
Amend further, Section 5, by adding before the period at the end of the first sentence: /are available/. When amended Section 5 shall read:
/SECTION 5. The department shall monitor and insure that allocations to commercial nuclear power reactors of an amount of waste disposal capacity as determined by Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart c, "Commercial Nuclear Power Reactor Allocations" are available. The department shall act to the extent possible in cooperation and in concert with other states' agencies, federal agencies, and compact commissions to insure these allocations are available as provided by law for the regional facility at Barnwell./
Amend further, Section 7, by striking the last paragraph and inserting:
/Upon a determination of noncompliance the Department shall immediately impose the penalty provided by law. The noncomplying state, or its chief legal officer, shall represent itself and the generator who was denied access because of the state's noncompliance in all further proceedings. The Attorney General of South Carolina shall represent the interests of South Carolina in all further proceedings. The noncomplying state, or its chief legal officer, may petition the Department for reconsideration of the determination of noncompliance or for restoration of access to the disposal facility upon compliance. The noncomplying state, or its chief legal officer, may appeal the decision of the Department to the Court of Common Pleas in Richland County. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, Code of Laws of South Carolina, 1976, except that where the provisions of this act are in conflict with the provisions of Chapter 23 of Title 1, this act shall control. Upon a determination of compliance the applicable penalty surcharge shall be discontinued or access shall be restored to generators in that state. All penalty surcharges levied during a period of noncompliance shall be retained by the State of South Carolina as provided in P. L. 99-240./
Amend further by adding the following section appropriately numbered before the last section:
/SECTION __. If any provision of this act is declared to be invalid or unconstitutional the declaration shall not invalidate the remaining provisions of this act./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3508 -- Reps. Schwartz and Sheheen: A BILL TO AMEND ARTICLE 1, CHAPTER 13, OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOW, WHEN, AND WHERE ELECTIONS ARE HELD, SO AS TO PROVIDE A PROCEDURE FOR CONDUCTING PARTISAN AND NONPARTISAN SPECIAL ELECTIONS FOR FILLING VACANCIES, EXCEPT FOR THOSE SPECIFIC OFFICES OTHERWISE PROVIDED FOR IN THIS CODE.
Reps. SHEHEEN and SCHWARTZ proposed the following Amendment No. 1 (Doc. No. 4089R), which was adopted.
Amend the bill, as and if amended, in subsection (B) of Section 7-13-190 of the 1976 Code as contained in SECTION 1, on line 2 by striking /second/ and inserting /third/, on line 5 by striking /tenth/ and inserting /eleventh/, on line 7 by striking /twelfth/ and inserting /thirteenth/, and on line 8 by striking /seventeenth/ and inserting /eighteenth/.
Amend further in subsection (C) of Section 7-13-190 of the 1976 Code, as contained in SECTION 1, on line 2 by striking /second/ and inserting /third/ and on line 9 by striking /twelfth/ and inserting /thirteenth/.
When amended Section 7-13-190 of the 1976 Code shall read:
/Section 7-13-190. (A) Except as otherwise provided in this Code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.
(B) In partisan elections, the parties shall open filing for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday.
(C) If the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. The filing must be made to the same entity to which the nonpartisan officeholders would normally file for office in a general election year. The election must be set for the thirteenth Tuesday after the vacancy occurs. Both the filing date and the election date are subject to the provisions in subsection (B) of this section regarding holidays./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. P. BRADLEY asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. SHEHEEN continued speaking.
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. 3508 be read the third time tomorrow.
Rep. O. PHILLIPS moved to adjourn debate upon the following Bill, which was adopted.
H. 3405 -- Reps. J. Bradley and Felder: A BILL TO AMEND SECTION 56-5-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR CERTAIN VEHICLES TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REVISE THE TYPES OF VEHICLES THAT ARE REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS.
The following Bill was taken up.
H. 3818 -- Reps. Lockemy and McLeod: A BILL TO LIMIT THE AMOUNT WHICH MAY BE CHARGED FOR THE PERFORMANCE OF A MARRIAGE CEREMONY AND TO PROVIDE A TAX ON PERSONS PERFORMING MARRIAGE CEREMONIES FOR NONRESIDENTS.
Rep. LOCKEMY proposed the following Amendment No. 2 (Doc. No. 4436R).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The governing body of any county and municipality in this State, upon approval of a majority of the registered electors voting in a referendum conducted by the governmental entity, may enact ordinances:
(1) to limit the amount charged for the performance of marriage ceremonies;
(2) to levy a special business license fee of five dollars per marriage for any person for the performance of marriage ceremonies;
(3) to levy a special business license fee of five dollars per marriage for any person, marriage chapel, or business entity engaged in furnishing facilities or related services for marriages.
Any ordinance enacted under this section must except marriages performed by an ordained minister of the gospel, priest, or rabbi when either party to the marriage is a member of his faith, and the minister, priest, or rabbi does not perform the marriage in his capacity as an employee of a person, marriage chapel, or business entity performing or furnishing facilities or related services, on a yearly average, for more than seven marriages a week.
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. LOCKEMY explained the amendment.
Reps. WASHINGTON, HOLT, FOXWORTH and DAVENPORT objected to the Bill.
On motion of Rep. McEACHIN, with unanimous consent, the following Bill was introduced, read the first time, and referred to the Florence Delegation:
H. 3942 -- Rep. McEachin: A BILL TO AMEND ACT 239 OF 1981, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT NO. 1 AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS ESTABLISHED, SO AS TO AUTHORIZE A SPECIAL VOTE BY THE QUALIFIED ELECTORS OF THE DISTRICT ON THE SCHOOL MILLAGE FOR THE DISTRICT FOR FISCAL YEAR 1986-87.
Referred to Florence Delegation.
The following Bill was taken up.
S. 836 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S POLICY OF THE STATE OF SOUTH CAROLINA, SO AS TO REVISE REPORTING REQUIREMENTS OF AGENCIES, DEPARTMENTS, AND INSTITUTIONS WHICH ARE REQUIRED TO SUBMIT ANNUAL STATEMENTS OF HOW THEIR PROGRAMS CONTRIBUTE TO THE IMPLEMENTATION OF THIS CHILDREN'S POLICY, AND TO MAKE THE ABOVE REPORTING REQUIREMENTS APPLICABLE TO ALL AGENCIES AND NOT JUST STATE AGENCIES WHICH ARE CONCERNED WITH OR ARE RESPONSIBLE FOR CHILDREN.
Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4306R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Subsection (F) of Section 20-7-20 of the 1976 Code is amended to read:
"(F) In order to carry out this policy each state agency, department, institution, committee, and commission which is concerned or responsible for children, shall submit as a part of its annual budget request a listing of programs and services for children, the priority order of these programs and services in relation to other services, if any, that are provided by the agency, department, institution, committee, or commission, and a summary of the expenses incurred for the administration of its children's services and programs. In addition, each agency, department, institution, committee, and commission which must submit pursuant to law an annual report to the General Assembly, shall include as part of the report a comprehensive statement of how its children's services and program programs contributed to the implementation of this policy. This statement shall include, but not be limited to, a listing of programs and how they are placed in priority and a summary of the expenses incurred for the administration of children's services. Copies of all these budget requests and annual reports must be provided to the Joint Legislative Committee on Children and the Governor's Office by the agency, department, institution, committee, or commission."/
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that S. 836 be read the third time tomorrow.
Rep. BLACKWELL moved that the House recur to the morning hour, which was agreed to.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Broad River Township for a Sine Die Party, June 3, 1986, 7:30 P.M., at the Broad River Township Clubhouse.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the House Education and Public Works Committee for a Pool Party, June 4, 1986, 6:30 P.M., at the Heart of Columbia.
The invitation was accepted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3943 -- Reps. Huff, J. Anderson and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-120 SO AS TO PROVIDE THAT RECORDS, PAPERS, OR REPORTS CONCERNING THE DEATH OF A PERSON ON FILE AT ANY HOSPITAL, NURSING HOME, OR OTHER MEDICAL FACILITY IN THIS STATE ARE AVAILABLE TO A CORONER OF ANOTHER STATE IF THE DECEASED PERSON WAS A RESIDENT OF OR IS BURIED IN THE COUNTY IN WHICH THE CORONER SERVES IN THE OTHER STATE, AND TO PROVIDE THAT THE RELEASE OF THESE RECORDS TO THAT CORONER IS NOT PROHIBITED BY THE PROVISIONS OF CHAPTER 3 OF TITLE 30 (FREEDOM OF INFORMATION).
On motion of Rep. HUFF, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. HUFF moved to waive Rule 5.12, which was agreed to.
S. 582 -- Senator Theodore: A BILL TO AMEND SECTION 40-45-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO PROVIDE THAT COMPLAINTS MADE TO THE BOARD ARE PRIVILEGED COMMUNICATIONS UNLESS MADE WITH MALICIOUS INTENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1080 -- Medical 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.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1125 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 565, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Labor, Commerce and Industry.
S. 1126 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO SEWERAGE UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 569, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1128 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO ELECTRIC UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 564, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Labor, Commerce and Industry.
S. 1129 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 567, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Labor, Commerce and Industry.
S. 1197 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WATER RESOURCES COMMISSION, RELATING TO INTERBASIN TRANSFER OF WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 656, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1281 -- Medical 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.
On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1298 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MENTAL RETARDATION, RELATING TO LICENSING CENTERS SERVING THE DEVELOPMENTALLY DISABLED, DESIGNATED AS REGULATION DOCUMENT NUMBER 637, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 3943 be read the second and third times the next two successive legislative days.
On motion of Rep. GENTRY, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 629 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 13-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE FOR MEMBERS, OFFICERS, TERMS, AND VACANCIES; AND 13-3-50, RELATING TO QUALIFICATION, COMPENSATION, AND REMOVAL OF MEMBERS OF THE STATE DEVELOPMENT BOARD, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE INCLUDING THE PROVISIONS ALLOWING A MEMBER OF THAT BOARD TO SERVE ALSO AS A NOTARY PUBLIC.
Rep. MATTOS moved to adjourn debate upon the following Bill, which was adopted.
H. 2353 -- Rep. Harvin: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT," TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.
Rep. BLACKWELL moved to reconsider the vote whereby debate was adjourned on the Bill which was agreed to.
Debate was resumed on Amendment No. 2, which was introduced on Thursday, May 8, by Rep. WINSTEAD.
The amendment was then adopted.
Rep. BLACKWELL proposed the following Amendment No. 3, which was adopted.
Amend, as and if amended.
Section 6. Amend (a) (3) by striking "personal" and by striking the period after protection and by adding after "protection" the additional words "of persons and private property" so that (a) (3) shall read "properly training or using dogs for law enforcement purposes or protection of persons and private property."
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
Rep. KLAPMAN spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, J. Anderson, S. Aydlette Bailey, G. Bailey, K. Barfield Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Dangerfield Davenport Day Derrick Edwards Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Petty Phillips, O. Rice Rogers, T. Russell Sharpe Sheheen Shelton Simpson Toal Tucker Waldrop Washington Wilkins Winstead Woodruff
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. WINSTEAD asked unanimous consent that H. 2353 be read a third time tomorrow.
Rep. KOON objected.
The following Bill was taken up.
H. 2301 -- Reps. Pearce, Boan, McBride, Cooper, Bennett, Rhoad and McEachin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO PROVIDE THAT PERSONAL MOTOR VEHICLES OWNED JOINTLY BY PERSONS REQUIRED TO USE WHEELCHAIRS ARE EXEMPT FROM STATE, COUNTY, AND MUNICIPAL TAXES; TO AMEND SECTION 56-3-1910, RELATING TO ISSUANCE OF SPECIAL LICENSE TAG FOR PERSONS REQUIRED TO USE WHEELCHAIRS, SO AS TO PROVIDE THAT THE TAG MAY BE ISSUED TO THE PERSON EVEN IF HE OWNS THE VEHICLE JOINTLY; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1983.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4440R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3, page 2, and inserting:
/SECTION 3. This act shall take effect upon approval by the Governor and is effective for tax years beginning after December 31, 1985./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 2301 be read the third time tomorrow.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was taken up.
H. 3927 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, Rice, Shelton and Wilkins: A BILL TO AMEND CHAPTER 11 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-285 SO AS TO PROVIDE FOR THE IMPOSITION OF A CIVIL PENALTY BY POLITICAL SUBDIVISIONS FOR VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE SUBDIVISIONS WHICH RELATE TO WATER OR WASTEWATER FACILITIES.
The Bill was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3927 be read the third time tomorrow.
Rep. T.M. BURRISS moved to adjourn debate upon the following Bill, which was adopted.
H. 2960 -- Reps. Rhoad, Koon, Gilbert, R. Brown, Townsend, Chamblee, Cork, Toal, Waldrop, McLeod, Tucker, Williams, Taylor, Altman, Harvin, McBride, Woods, Rice, Felder, Nettles, McAbee, Stoddard and O. Phillips: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX MACHINES USED BY FARMERS FOR GRINDING GRAIN FOR HOG PRODUCTION.
The following Bill was taken up.
H. 3001 -- Reps. Hearn, Moss, Shelton, J. Harris, Keyserling, M.D. Burriss, Toal and Neilson: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES SO AS TO PROVIDE THAT SICK LEAVE MAY BE TAKEN BY AN EMPLOYEE WHEN A MEMBER OF HIS IMMEDIATE FAMILY IS SICK AND IT IS NECESSARY FOR THE EMPLOYEE TO PROVIDE CARE TO HIS FAMILY MEMBER, AND TO DEFINE THE TERM "IMMEDIATE FAMILY" FOR PURPOSES OF THE ABOVE PROVISION.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3700R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 8-11-40 of the 1976 Code, as last amended by Act 58 of 1985, is further amended to read:
"Section 8-11-40. All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.
Sick leave may be taken by an employee when a member of his immediate family is sick and it is necessary for the employee to care for a family member while sick, but only if the employee has exhausted all of his annual leave. 'Immediate family' for purposes of this paragraph means the employee's spouse, the employee's or his spouse's child, grandchild, parent, grandparent, brother, sister, or any other individual who is a dependent of the employee or his spouse.
Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave."/.
Amend title to conform.
Rep. HEARN explained the amendment.
Reps. FOXWORTH and DAVENPORT objected to the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HEARN asked unanimous consent that H. 3001 be read a third time tomorrow.
Rep. KLAPMAN objected.
Rep. EDWARDS moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 3567 -- Reps. Edwards and P. Harris: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.
The following Bill was taken up.
H. 3801 -- Rep. McLellan: A BILL TO APPROPRIATE MONIES IN THE CAPITAL EXPENDITURE FUND FOR FISCAL YEAR 1986-87.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4367R), which was adopted.
Reference is to typewritten bill.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Section 11-11-310 of the 1976 Code, there is appropriated from the monies available in the Capital Expenditure Fund for fiscal year 1986-87 the following amounts:
ALLOCATION OF CAPITAL
EXPENDITURE FUND BY PROJECT
(1) Wateree Farm Project 250,000
(2) Lieber Institution Equipment 500,000
(3) Dutchman Institution
Multipurpose Building 536,000
(4) Manning Laundry Project 1,200,000
(5) Food Service Warehouse Project 91,000
(6) Reimbursed Emergency Projects 600,000
(Temporary Buildings)
(7) Temporary Buildings (3) 900,000
(8) Fencing, McDougal Youth Correction
Center,
Aiken Youth Correction Center,
Women's Correction Center 500,000
(9) Training Facility 2,700,000
(10) Administrative Training - Personnel
Equipment 42,724
(11) Data Processing Equipment 385,000
(12) Lighting Equipment - Nelson 182,250
(13) Plumbing Equipment - Nelson 105,975
(14) Air Flow Equipment - Nelson 225,000
(15) Furnishings Equipment - Nelson 376,610
(16) Health Equipment - Nelson 174,089
(17) McCormick Equipment 54,974
(18) Training Facility Equipment 313,886
(19) General Renovations 3,603,568
TOTAL DEPARTMENT OF CORRECTIONS
CAPITAL EXPENDITURE FUND 12,741,076
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. McLELLAN 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. McLELLAN, with unanimous consent, it was ordered that H. 3801 be read the third time tomorrow.
The following was received.
Columbia, S.C., May 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2266:
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.
Very respectfully,
President
No. 84
Received as information.
The following was received.
The Committee of Free Conference, to whom was referred: H. 2266 (Tort Claims Act):
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Isadore E. Lourie David H. Wilkins William E. Applegate, III Joseph F. Anderson, Jr. James E. Bryan, Jr. Palmer Freeman, Jr. On Part of the Senate. On Part of the House.
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Title 15 of the 1976 Code is amended by adding:
Section 15-78-10. This chapter may be cited as the 'South Carolina Tort Claims Act'.
Section 15-78-20. (a) The General Assembly finds that while a private entrepreneur may be readily held liable for negligence of his employees within the chosen ambit of his activity, the area within which government has the power to act for the public good has been without limit and, therefore, government did not have the duty to do everything which might have been done. The General Assembly further finds that each governmental entity has financial limitations within which it must exercise authorized power and discretion in determining the extent and nature of its activities. Thus, while total immunity from liability on the part of the government is not desirable, see McCall v. Batson, neither should the government be subject to unlimited nor unqualified liability for its actions. The General Assembly recognizes the potential problems and hardships each governmental entity may face being subjected to unlimited and unqualified liability for its actions. Additionally, the General Assembly recognizes the impossibility of insuring for acts retrospectively. The General Assembly seeks an orderly transition to the recognition of individuals' rights against the tortious sovereign as defined herein. Consequently, it is declared to be the public policy of the State of South Carolina that the State, and its political subdivisions, are only liable for torts within the limitations of this chapter and in accordance with the principles established herein. It is further declared to be the public policy of the State of South Carolina that to insure an orderly transition from sovereign immunity to qualified and limited liability that the General Assembly intends to provide for liability on the part of the State and its political subdivisions only from the effective date of this Act forward in prospective fashion. No governmental entity which was not insured at the time of the injury for which compensation is sought is liable under this Act and those which were insured are liable only to the extent provided herein. Liability for acts or omissions under this chapter is based upon the traditional tort concepts of duty and the reasonably prudent person's standard of care in the performance of that duty.
(b) The General Assembly in this chapter intends to grant the State, its political subdivisions and employees, while acting within the scope of official duty, immunity from liability and suit for any tort except as waived by this chapter. The General Assembly additionally intends to provide for liability on the part of the State, its political subdivisions and employees, while acting within the scope of official duty, only to the extent provided herein. All other immunities applicable to a governmental entity, its employees, and agents are expressly preserved. The remedy provided by this chapter is the exclusive civil remedy available for any tort committed by a governmental entity, its employees, or its agents except as provided in Section 15-78-70(b).
(c) As to those causes of action that arise or accrue prior to the effective date of this Act, the General Assembly reinstates sovereign immunity on the part of the State, its political subdivisions and employees, while acting within the scope of official duty; provided, however, that sovereign immunity will not bar recovery in any case filed on or before the effective date of this Act if the defendant maintained liability insurance coverage. In such cases recovery shall not exceed the limits of the liability insurance coverage.
(d) Nothing in this chapter affects liability based on contract nor does it affect the power of the State or its political subdivisions to contract.
(e) Nothing in this chapter is construed as a waiver of the State's or political subdivision's immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States nor as consent to be sued in any state court beyond the boundaries of the State of South Carolina.
(f) The provisions of this chapter establishing limitations on and exemptions to the liability of the State, its political subdivisions and employees, while acting within the scope of official duty, must be liberally construed in favor of limiting the liability of the state.
Section 15-78-30. (a) 'Agency' means the individual office, agency, authority, department, commission, board, division, instrumentality, or institution, including a state-supported governmental health care facility, school, college, university, or technical college, which employs the employee whose act or omission gives rise to a claim under this chapter.
(b) 'Claim' means any written demand against the State of South Carolina or a political subdivision for money only, on account of loss, caused by the tort of any employee of the State or a political subdivision while acting within the scope of his official duty.
(c) 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(d) 'Governmental entity' means the State and its political subdivisions.
(e) 'State' means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions, including state-supported governmental health care facilities, schools, colleges, universities, and technical colleges.
(f) 'Loss' means bodily injury, disease, death, or damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death, pain and suffering, mental anguish, and any other element of actual damages recoverable in actions for negligence, but does not include the intentional infliction of emotional harm.
(g) 'Occurrence' means an unfolding sequence of events which proximately flow from a single act of negligence.
(h) 'Political subdivision' means the counties, municipalities, school districts, a regional transportation authority established pursuant to Chapter 25 of Title 58 and an operator as defined in item (8) of Section 58-25-20 which provides public transportation on behalf of a regional transportation authority, and special purpose districts of the State and any agency, governmental health care facility, department, or subdivision thereof.
(i) 'Scope of official duty' means (1) acting in and about the official business of a governmental entity and (2) performing official duties.
(j) 'Governmental health care facility' means one which is operated by the state or a political subdivision through a governing board appointed or elected pursuant to statute or ordinance and which is tax-exempt under state and federal laws as a governmental entity and from which no part of its net income from its operation accrues to the benefit of any individual or non-governmental entity. Health care facility includes any facility as defined in Title 44, S. C. Code Ann. for the provision of mental or physical care to individuals, whether or not it is required to be licensed under those provisions.
Section 15-78-40. The State, an agency, a political subdivision, and a governmental entity are liable for their torts in the same manner and to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages, and exemptions from liability and damages, contained herein.
Section 15-78-50. (a) Any person who may suffer a loss proximately caused by a tort of the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty may file a claim as hereinafter provided.
(b) In no case is a governmental entity liable for a tort of an employee where that employee, if a private person, would not be liable under the laws of this State.
(c) Nothing herein shall affect the power of a court of equity at the suit of a party complainant to enjoin unlawful acts committed by governmental entities or mandate lawful action by governmental entities.
Section 15-78-60. (a) The governmental entity is not liable for a loss resulting from:
(1) Legislative, judicial, or quasi-judicial action or inaction.
(2) Administrative action or inaction of a legislative, judicial, or quasi-judicial nature.
(3) Execution, enforcement, or implementation of the orders of any court or execution, enforcement, or lawful implementation of any process.
(4) Adoption, enforcement, or compliance with any law or failure to adopt or enforce any law, whether valid or invalid, including, but not limited to, any charter, provision, ordinance, resolution, rule, regulation, or written policies.
(5) The exercise of discretion or judgment by the governmental entity or employee or the performance or failure to perform any act or service which is in the discretion or judgment of the governmental entity or employee.
(6) Civil disobedience, riot, insurrection, or rebellion or the failure to provide the method of providing police or fire protection.
(7) A nuisance.
(8) Snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather conditions unless the snow or ice thereon is affirmatively caused by a negligent act of the employee.
(9) Entry upon any property where the entry is expressly or impliedly authorized by law.
(10) Natural conditions of unimproved property of the governmental entity, unless the defect or condition causing a loss is not corrected by the particular governmental entity responsible for the property within a reasonable time after actual or constructive notice of the defect or condition.
(11) Assessment or collection of taxes or special assessments or enforcement of tax laws.
(12) Licensing powers or functions including, but not limited to, the issuance, denial, suspension, renewal, or revocation of or failure or refusal to issue, deny, suspend, renew, or revoke any permit, license, certificate, approval, registration, order or similar authority except when the power or function is exercised in a grossly negligent manner.
(13) Regulatory inspection powers or functions, including failure to make an inspection, or making an inadequate or negligent inspection, of any property to determine whether the property complies with or violates any law, regulation, code or ordinance or contains a hazard to health or safety.
(14) Any claim covered by the South Carolina Workers' Compensation Act, except claims by or on behalf of an injured employee to recover damages from any person other than the employer, the South Carolina Unemployment Compensation Act, or the South Carolina State Employee's Grievance Act.
(15) Absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier unless the absence, condition, or malfunction is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the removal or destruction of signs, signals, warning devices, guardrails, or median barriers by third parties except on failure of the political subdivision to correct them within a reasonable time after actual or constructive notice. Nothing herein gives rise to liability arising from a failure of any governmental entity to initially place any of the above signs, signals, warning devices, guardrails, or median barriers when the failure is the result of a discretionary act of the governmental entity. The signs, signals, warning devices, guardrails, or median barriers referred to herein are those used in connection with hazards normally connected with the use of public ways and do not apply to the duty to warn of special conditions such as excavations, dredging or public way construction. Governmental entities are not liable for loss on public ways under construction when the entity is protected by an indemnity bond. Governmental entities responsible for maintaining highways, roads, streets, causeways, bridges, or other public ways are not liable for loss arising out of a defect or a condition in, on, under, or overhanging a highway, road, street, causeway, bridge, or other public way unless the defect or condition is not corrected by the particular governmental entity responsible for maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the design of highways and other public ways.
(16) Maintenance, security, or supervision of any public property, intended or permitted to be used as a park, playground, or open area for recreational purposes, unless the defect or condition causing a loss is not corrected by the particular governmental entity responsible for maintenance, security, or supervision within a reasonable time after actual notice of the defect or condition.
(17) Employee conduct outside the scope of his official duties or which constitutes actual fraud, actual malice, intent to harm, or a crime involving moral turpitude.
(18) Imposition or establishment of a quarantine by a governmental entity, whether the quarantine relates to persons or property.
(19) Emergency preparedness activities and activities of the South Carolina National Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular accidents.
(20) An act or omission of a person other than an employee, including but not limited to the criminal actions of third persons.
(21) The decision to or implementation of release, discharge, parole, or furlough of any persons in the custody of any governmental entity, including but not limited to a prisoner, inmate, juvenile, patient, or client or the escape of these persons.
(22) Termination or reduction of benefits under a public assistance program.
(23) Institution or prosecution of any judicial or administrative proceeding.
(24) Holding or conduct of elections.
(25) Responsibility or duty including but not limited to supervision, protection, control, confinement, or custody of any student, patient, prisoner, inmate, or client of any governmental entity, except when the responsibility or duty is exercised in a grossly negligent manner.
(26) Failure to supervise or control areas open for public hunting or activities thereon. Failure to control, maintain and/or supervise the use of and activities in, on and around public boat ramps except within a reasonable time after actual notice of the defect or condition. Failure to maintain navigational markers, except within a reasonable time after actual notice of the defect or condition.
Section 15-78-70. (a) This chapter constitutes the exclusive remedy for any tort committed by an employee of a governmental entity. An employee of a governmental entity who commits a tort while acting within the scope of his official duty is not liable therefor except as expressly provided for in subsection (b).
(b) Nothing in this chapter may be construed to give an employee of a governmental entity immunity from suit and liability if it is proved that the employee's conduct was not within the scope of his official duties or that it constituted actual fraud, actual malice, intent to harm, or a crime involving moral turpitude.
(c) A person, when bringing an action against a governmental entity under the provisions of this chapter, must name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant; provided, however, that the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(d) A settlement or judgment in an action or a settlement of a claim under this chapter constitutes a complete bar to any further action by the claimant against an employee or governmental entity by reason of the same occurrence.
Section 15-78-80. (a) A verified claim for damages under this chapter, setting forth the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, and the amount of the loss sustained may be filed:
(1) In cases against the State, with the State Budget and Control Board, or with the agency employing an employee whose alleged act or omission gave rise to the claim.
(2) Where the claim is against a political subdivision, with the political subdivision employing an employee whose alleged act or omission gave rise to the claim.
(3) Where the identification of the proper defendant is in doubt, with the Attorney General.
(b) Each agency and political subdivision must designate an employee or office to accept the filing of the claims.
(c) Filing may be accomplished by receipt of certified mailing of the claims or by compliance with the provisions of law relating to service of process.
(d) The verified claim may be received by the Budget and Control Board or the appropriate agency or political subdivision. If filed, the claim must be received within one year after the loss was or should have been discovered.
(e) In all cases in which a claim is filed, the Budget and Control Board or political subdivision has one hundred eighty days from the date of filing of the claim in which to determine whether the claim should be allowed or disallowed. Failure to notify the claimant of action upon the claim within one hundred eighty days from the date of filing of the claim is considered a disallowance of the claim.
(f) The handling and disposition of claims filed under this chapter are not subject to the provisions of Article 3, Chapter 23 of Title 1.
(g) In all cases, where insurance is provided by the Budget and Control Board, the agency or political subdivision involved must cooperate with the Budget and Control Board in the investigation and handling of any claim.
Section 15-78-90. (a) The Budget and Control Board, or the political subdivision where it has not purchased insurance from the Budget and Control Board, may adjust, compromise, settle, or allow any claim or settle or compromise any action.
(b) Whether or not the claim is filed, the claimant is entitled to institute an action against the appropriate agency or political subdivision. Provided, however, if a claimant files a claim, he may not institute an action until after the occurrence of the earliest of one of the following three events: (1) the passage of one hundred eighty days from the filing of the claim with the governmental entity, (2) the governmental entity's disallowance of the claim, or (3) the governmental entity's rejection of a settlement offer.
Section 15-78-100. (a) An action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred.
(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined.
Section 15-78-110. Any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.
Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits:
(1) No person shall recover in any action or claim brought hereunder a sum exceeding 250,000 dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(2) The total sum recovered hereunder arising out of a single occurrence shall not exceed 500,000 dollars regardless of the number of agencies or political subdivisions or claims or actions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment.
(c) In any claim, action or proceeding to enforce a provision of this chapter, the signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
Section 15-78-130. The defense for a political subdivision against an action brought pursuant to this chapter, when the political subdivision does not purchase insurance through the Budget and Control Board, must be provided by the political subdivision or its designee.
Section 15-78-140. (a) It is the duty of the Budget and Control Board to cover risks for which immunity has been waived under the provisions of this chapter by the purchase of insurance as authorized in Section 15-78-150.
(b) The political subdivisions of this State, in regard to tort and automobile liability, property and casualty insurance, must procure insurance to cover these risks for which immunity has been waived by (1) the purchase of liability insurance pursuant to Section 1-11-140; or (2) the purchase of liability insurance from a private carrier; or (3) self-insurance; or (4) establishing pooled self-insurance liability funds, by intergovernmental agreement, which may not be construed as transacting the business of insurance or otherwise subject to state laws regulating insurance. A pooled self-insurance liability pool is authorized to purchase specific and aggregate excess insurance. A pooled self-insurance liability fund must provide liability coverage for all employees of a political subdivision applying for participation in the fund. If the insurance is obtained other than pursuant to Section 1-11-140, it must be obtained subject to the following conditions:
(1) If the political subdivision does not procure tort liability insurance pursuant to Section 1-11-140, it must also procure its automobile liability and property and casualty insurance from other sources and shall not procure these coverages through the Budget and Control Board;
(2) If a political subdivision procures its tort liability insurance, automobile liability insurance, or property and casualty insurance through the Budget and Control Board, all liability exposures of the political subdivision as well as its property and casualty insurance must be insured with the Budget and Control Board;
(3) If the political subdivision, at any time, procures its tort liability, automobile liability, property, or casualty insurance other than through the Budget and Control Board and then subsequently desires to obtain this coverage with the Budget and Control Board, notice of its intention to so obtain this subsequent coverage must be provided the Budget and Control Board at least six months prior to the beginning of the coverage with the State Budget and Control Board. The other lines of insurance that the political subdivision is required to procure from the board are not required to commence until the coverage for that line of insurance expires. Any political subdivision may cancel all lines of insurance with the State Budget and Control Board if it gives six months' notice to the board. The Budget and Control Board may negotiate the insurance coverage for any political subdivision separate from the insurance coverage for other insureds.
(4) If any political subdivision cancels its insurance with the Budget and Control Board, the political subdivision is entitled to an appropriate refund of the premium, less reasonable administrative cost.
(c) For any claim filed under this act, the remedy provided in Section 15-78-120 is exclusive. The immunity of the State and its political subdivisions, with regard to the seizure, execution, or encumbrance of their properties is reaffirmed.
Section 15-78-150. (a) The Budget and Control Board is authorized to purchase liability insurance.
(b) The purchase of insurance must be funded by participating governmental entities by payment of premiums as required by the Budget and Control Board.
Section 15-78-155. Any insurance company or reinsurance company selected to handle or assist in handling the insurance programs required by this chapter for any political subdivision of this State, which company is not selected by the Budget and Control Board pursuant to Section 1-11-140, must be approved and regulated by the State Department of Insurance in the same manner that other insurance companies operating in this State are approved and regulated by the Department and must be admitted and licensed to perform insurance operations in the State of South Carolina by the Department of Insurance.
Section 15-78-160. If any agency or political subdivision fails to pay any required premium and the failure results in loss of coverage, then the Budget and Control Board is not liable for any uncovered or unfunded risk.
Section 15-78-170. An action or claim for the death of a person may be brought under this chapter by the executor or administrator respectively, of the person's estate when death results from bodily injury if the bodily injury would have entitled the injured party to maintain an action or claim if death had not ensued. The provisions and limitations of this chapter are applicable to any such action or claim. Every action or claim must be for the benefit of the wife or husband and child or children of the person whose death has been so caused and if there is no wife, husband, child or children, then for the benefit of the parent or parents, and if there is none, then for the benefit of the heirs at law or the distributees of the person whose death has been so caused. Any amount recovered must be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his estate."
SECTION 2. Article 3, Chapter 77, of Title 15; Article 13, Chapter 5, of Title 57; Article 9, Chapter 17, of Title 57; and Section 5-7-70 of the 1976 Code are repealed.
SECTION 3. The provisions of Chapter 78 of Title 15 of the 1976 Code shall only apply to those causes of action arising or accruing after the effective date of this Act; provided however, the provisions of Section 15-78-20(c) are applicable to all causes of action arising on or before the effective date of the Act.
SECTION 4. Section 59-67-710 of the 1976 Code, as last amended by Act 215 of 1977, is further amended to read:
"Section 59-67-710. (1) The Director of the Division of General Services, with the approval of the State Budget and Control Board, shall provide insurance coverage on all state-owned school buses which are operated under the authority of, and which are being used for the purposes of, Article 3 of this chapter. Such insurance contracts must be provided either through commercial carriers or through the insurance reserve funds of the Division of General Services. The insurance contracts shall provide at least the following benefits:
(a) For the lawful occupant of any such school bus who suffers bodily injuries or death, a death benefit of not less than fifty thousand dollars.
(b) For the lawful occupant of any such school bus who suffers bodily injuries, an amount sufficient to defray the cost of hospitalization, surgery, dentistry, medicine and all other medical expenses up to three thousand dollars or such amount as promulgated by regulation of the Department of Education.
(c) Additional coverage must also be provided for the following named perils:
(i) For the loss of both hands or both feet or sight of both eyes, fifty thousand dollars,
(ii) For loss of one hand and one foot, thirty thousand dollars,
(iii) For loss of either hand or foot and sight of one eye, thirty thousand dollars, and
(iv) For loss of either hand or foot or sight of one eye, thirty thousand dollars.
(2) The benefits provided for in subsection (1) shall exist without regard to fault or negligence. The insurance shall cover any accident which occurs:
(a) while getting on a school bus,
(b) while riding within a school bus,
(c) by being thrown from within a school bus,
(d) while getting off a school bus,
(e) by being run down, struck, or run over while crossing a public highway while approaching or leaving a school bus at the point of loading or unloading, or
(f) by being run down, struck, or run over by any moving vehicle while en route between home and the point of loading or en route between the point of unloading and home.
(3) (a) For any action or claim for damages brought under the provisions of Chapter 78 of Title 15, the liability shall not exceed the following limits:
(i) No person shall recover in any action or claim brought hereunder for bodily injury or death a sum exceeding 250,000 dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(ii) The total sum recovered hereunder arising out of a single occurrence shall not exceed 500,000 dollars regardless of the number of agencies or political subdivisions or claims or actions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(b) No award for damages under Chapter 78 of Title 15 may include punitive or exemplary damages or interest prior to judgment.
(c) The insurance required by this section shall contain sufficient coverage for the provisions of this item.
(d) Any recovery from the State or governmental entity shall be reduced by the sum received pursuant to subsections (1)(a) and (c) and (2) of this Section. In any recovery from a third party, the State shall have a right of subrogation for recovery of payments pursuant to this section."
SECTION 5. Section 59-67-790 of the 1976 Code is amended to read:
"Section 59-67-790. There is hereby created a fund to be administered by the Director of the Division of General Services to provide major medical benefits for bodily injuries to school bus passengers when the cost exceeds the benefits provided for in subsection (1)(a) of Section 59-67-710. No claim shall exceed fifty thousand dollars for any one person for any one accident.
The Director of the Division of General Services shall pay into the Pupil Injury Insurance Fund that portion of the premiums charged to the State Department of Education for providing insurance covering buses he deems necessary to maintain the Pupil Injury Insurance Fund at an actuarially sound level sufficient to pay the benefits authorized by this section.
No payment from the Pupil Injury Insurance Fund shall be permitted when other insurance benefits or workers' compensation is available to pay such cost or where no charge is made for treatment. Whoever shall file a claim for payment from the Pupil Injury Insurance Fund shall at the same time file an affidavit swearing under oath that the requested claim is not covered by other insurance benefits or worker's compensation to be received for that claim; provided, this shall not apply to any injured school bus passenger who receives, for bodily injuries, an amount not exceeding three thousand dollars under Section 59-67-710(1)(b).
Any recovery from the State or governmental entity under Chapter 78 of Title 15 shall be reduced by the sum received pursuant to this section. In any recovery from a third party, the State shall have a right of subrogation for recovery of payments pursuant to this section.
The Director of the Division of General Services, with the approval of the State Budget and Control Board, shall promulgate such rules and regulations as may be necessary to carry out the provisions of this section.
"SECTION 6. If the amount of the verdict or judgment is not satisfied by reason of the monetary limitations of this chapter upon recovery from the State or political subdivision thereof, the plaintiff's insurance company, subject to the underinsured and uninsured defendant provisions of the plaintiff's insurance policy, if any, shall compensate the plaintiff for the difference between the amount of the verdict or judgment and the payment by the political subdivision. If a cause of action is barred under Section 15-78-60, the plaintiff's insurance company must compensate him for his losses subject to the aforementioned provisions of his insurance policy.
SECTION 7. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. This act shall take effect July 1, 1986, except that the provisions of subsection (c) of Section 15-78-20 shall take effect immediately upon approval by the Governor, and the provisions of subsection (b) of Section 15-78-140 shall take effect on July 1, 1987./
Rep. WILKINS explained the Report.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
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.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
H. 3528 -- Reps. Gilbert, Toal, K. Bailey, Foster, Mitchell, Klapman, Washington, Williams, Blackwell, Mattos, Lake, Russell, Ferguson and Brett: A BILL TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE THAT TEACHER PAY RAISES BE PROVIDED TO TEACHERS WHO MEET THE ADDITIONAL ALTERNATE CRITERIA OF RECEIVING A RATING OF AT LEAST SATISFACTORY OR ITS EQUIVALENT ON A SCHOOL DISTRICT'S OFFICIAL EVALUATION INSTRUMENT.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4471R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Subitems 3. and 4. of item (b) of subsection (4) of Section 5 of Act 163 of 1977, as last amended by Section 1, SubPart 2, Subdivision C, Division II, Section 9, Part II of Act 512 of 1984, are further amended to read:
"3. Meeting the minimum qualifying score on the appropriate area teaching examination; or
4. Meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 2 of Act 187 of 1979. ; or
5. Receiving an overall rating of at least satisfactory or its equivalent on a school district's official evaluation instrument. The provisions of this subitem apply only to teachers employed before 1969."/
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The SPEAKER Pro Tempore granted Reps. McLELLAN and STODDARD a leave of absence for the remainder of the day.
Rep. GILBERT spoke against the Bill.
Reps. LIMEHOUSE, DAVENPORT, P. BRADLEY and DAY objected to the Bill.
The following was received.
Columbia, S.C., May 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 85
On motion of Rep. J.W. JOHNSON the invitation was accepted.
The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the day.
Rep. T.M. BURRISS moved that upon the completion of the Ratification of Acts, the House stand adjourned.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Boan Bradley, J. Brett Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Dangerfield Evatt Ferguson Foxworth Gilbert Gordon Gregory Harris, J. Harvin Hearn Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Keyserling Koon Martin, D. Martin, L. McAbee McKay McLeod McTeer Nettles Phillips, O. Rawl Rhoad Rice Russell Shelton Short Simpson Snow Sturkie Taylor Washington Winstead Woodruff
Those who voted in the negative are:
Anderson, J. Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Brown, G. Brown, H. Brown, J. Cooper Davenport Derrick Edwards Fair Foster Gentry Hayes Huff Jones Kay Kirsh Klapman Lake Limehouse Lockemy Mattos McBride McEachin Mitchell Moss Neilson Pearce Petty Rogers, J. Rogers, T. Sharpe Thrailkill Toal Townsend Tucker Waldrop Wilkins Williams
So, the motion that the House stand adjourned upon the completion of the Ratification of Acts was agreed to.
Further proceedings were interrupted by the Ratification of Acts.
At 12:00 Noon the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R498) H. 2538 -- Rep. Thrailkill: AN ACT TO AMEND SECTION 12-35-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO INCREASE THE NUMBER OF MEMBERS OF ADVISORY COMMITTEES FROM NOT LESS THAN FIVE TO SEVEN AND TO PROVIDE THAT ON COUNTY ADVISORY COMMITTEES, CITIZENS OF THE AREA WHERE THE MAJORITY OF THE REVENUE DERIVED FROM THE TAX RESIDE MAY BE INCLUDED IN THE MAJORITY MEMBERSHIP REQUIREMENT EXCEPT IN COUNTIES WHERE DISTRIBUTIONS OF THE TAX EXCEED COLLECTIONS IN WHICH CASE A MAJORITY OF THE MEMBERS MAY NOT RESIDE IN ANY ONE AREA.
(R499) H. 2825 -- Rep. Hawkins: AN ACT TO AMEND SECTION 13-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROL AND REGULATION OF RADIATION SOURCES, SO AS TO PROVIDE FOR THE REGULATIONS TO ESTABLISH QUALIFICATIONS OF OPERATORS OF SOURCES OF IONIZING RADIATION, AND TO AMEND SECTION 13-7-45, SO AS TO PROHIBIT A PERSON FROM APPLYING IONIZING RADIATION TO HUMANS UNLESS CERTIFIED OR EXEMPTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FEES AND PENALTIES RELATING TO CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, AND TO PROVIDE THAT CERTAIN PERSONS ARE NOT AFFECTED BY THE PROVISIONS OF THE ACT.
(R500) H. 3188 -- Rep. Fair: AN ACT TO PROVIDE THAT FOR ANY RETIREMENT SYSTEM PROVIDED FOR BY LAW IN THIS STATE THE MEMBER OF THE RETIREMENT SYSTEM, IF HE HAS AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, MAY ELECT TO RECEIVE UP TO FIVE YEARS OF ADDITIONAL SERVICE CREDIT UNDER CERTAIN CONDITIONS, REQUIRE THE MEMBER TO PAY THE EMPLOYER AND EMPLOYEE COST FOR HEALTH AND DENTAL INSURANCE FOR A TIME PERIOD EQUAL TO THE PERIOD OF SERVICE CREDIT PURCHASED, AND PROVIDE THAT ANY SERVICE CREDIT PURCHASED MUST QUALIFY THE MEMBER FOR RETIREMENT AND THE MEMBER MUST RETIRE WITHIN NINETY DAYS SUBSEQUENT TO THE PURCHASES; AND TO AMEND SECTION 9-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, RETIREMENT ALLOWANCES, AND RETIREMENT AFTER ATTAINING AGE FIFTY-FIVE, SO AS TO PROVIDE THAT IF A MEMBER IS LESS THAN FIFTY-FIVE YEARS OF AGE AND HAS AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, HE MAY ELECT TO RECEIVE UP TO FIVE YEARS OF ADDITIONAL SERVICE CREDIT UNDER CERTAIN CONDITIONS, REQUIRE THE MEMBER TO PAY THE EMPLOYER AND EMPLOYEE COST FOR HEALTH AND DENTAL INSURANCE FOR A TIME PERIOD EQUAL TO THE PERIOD OF SERVICE CREDIT PURCHASED, AND PROVIDE THAT ANY SERVICE CREDIT PURCHASED MUST QUALIFY THE MEMBER FOR RETIREMENT AND THE MEMBER MUST RETIRE WITHIN NINETY DAYS SUBSEQUENT TO THE PURCHASE.
(R501) S. 210 -- Senators Bryan, Long, Mitchell and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80 SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR HAS TESTIFIED OR IS ABOUT TO TESTIFY IN A WORKERS' COMPENSATION PROCEEDING, TO PROVIDE FOR REINSTATEMENT, TO PROVIDE AFFIRMATIVE DEFENSES FOR THE EMPLOYER, AND TO ESTABLISH A ONE-YEAR LIMITATION FOR BRINGING AN ACTION.
At 12:15 P.M. the House in accordance with the motion of Rep. T.M. BURRISS adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:41 P.M.