Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we know not what the future holds but we know Who holds it. With eyes wide open in expectancy, may we see You as our God of yesterday, today and always. Be with all who serve in this place. Confirm what is right. Correct what is wrong. Provide for all things unfinished. Grant us the will to work diligently and with skill. May we never shirk a responsibility or leave to others that which we ought to do. Arm us with Your strength, and fill our minds with Your wisdom. Help us to shed old faults and to gain new virtues. Assist us to turn difficulties into dividends and tragedy into triumph.
Look, O Lord, with favor upon this our morning prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. J. ARTHUR.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
June 3, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 548)
Dear Lois:
The South Carolina Department of Health and Environmental Control is hereby withdrawing temporarily regulations relating to Regulation Document 548 Asbestos, effective today. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
Columbia, S. C., June 3, 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. 433:
S. 433 -- Senator Theodore: A BILL TO ENACT THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", TO MAKE CERTAIN VIOLATIONS AND THE COMMISSION OF CERTAIN ACTS A MISDEMEANOR, AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 69
Received as information.
The following was received.
Columbia, S.C., June 2, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3310:
H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.
and asks for a Committee of Conference and has appointed Senators WADDELL, McLEOD and MOORE of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 68
Received as information.
Rep. KEYSERLING moved to reconsider the vote whereby the House non-concurred in the Senate Amendments to the following Bill which was agreed to.
H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.
The Senate amendments were then agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HAYES asked unanimous consent to recall H. 2532 from the Legislative Council.
Rep. KLAPMAN objected.
The following was received.
Columbia, S. C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor by a vote of: Ayes 46 Nays 0 on R. 507, S. 793:
(R507) S. 793 -- Senator J.V. Smith: AN ACT TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.
Very respectfully,
President
No. 71
Received as information.
Rep. W. ARTHUR presented the Hartsville High School Baseball Team, 1986 State Champions.
The Senate returned to the House with amendments the following:
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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. PEARCE moved to waive Rule 6.1, which was agreed to.
The Senate returned to the House with amendments the following:
H. 2976 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO PROVIDE FOR THE ASSIGNMENT AND SUBROGATION OF ANY MEDICAID APPLICANT'S CLAIM FOR REIMBURSEMENT FOR MEDICAID SERVICES FROM PRIVATE INSURERS OR OTHER THIRD PARTIES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND TO REPEAL SECTION 43-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF MEDICAID BENEFICIARIES' CLAIMS AGAINST THIRD PARTIES.
Rep. T. Rogers explained the Senate Amendment.
Rep. J. BRADLEY made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate returned to the House with Amendments the following:
H. 2316 -- Reps. Fair, Brett and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-450 SO AS TO PROVIDE THAT IT IS A FELONY TO MANUFACTURE OR PRINT FALSE IDENTIFICATION CARDS; TO AMEND SECTION 56-1-510, RELATING TO UNLAWFUL USE OF DRIVER'S LICENSE AND FRAUDULENT APPLICATION, SO AS TO DELETE REFERENCES TO FICTITIOUS OR FRAUDULENTLY ALTERED DRIVERS' LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-515 SO AS TO PROVIDE THAT IT IS A FELONY TO ALTER A MOTOR VEHICLE DRIVER'S LICENSE TO CONTAIN FALSE INFORMATION OR TO MANUFACTURE OR PRINT A FICTITIOUS LICENSE AND PROVIDE THAT IT IS A MISDEMEANOR TO USE OR POSSESS AN IDENTIFICATION CARD OR ALTERED DRIVER'S LICENSE CONTAINING FALSE INFORMATION; TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF MANUFACTURING OR PRINTING AN IDENTIFICATION CARD CONTAINING FALSE INFORMATION AND THE PROHIBITION AGAINST PRINTING ON SUCH CARD ANY INFORMATION OTHER THAN THAT CONTAINED ON A VALID BIRTH CERTIFICATE RELATIVE TO THE AGE OF THE PERSON FOR WHOM SUCH CARD IS PREPARED AND THE CRIMES OF ALTERING A MOTOR VEHICLE DRIVER'S LICENSE SO AS TO PROVIDE FALSE INFORMATION AND MANUFACTURING OR PRINTING A FICTITIOUS DRIVER'S LICENSE.
Rep. J. BRADLEY made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following was received.
Columbia, S.C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3671:
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
and asks for a Committee of Conference and has appointed Senators DRUMMOND, MOORE and RAVENEL of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 72
Whereupon, the Chair appointed Reps. PEARCE, GENTRY and FOXWORTH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2008:
H. 2008 -- Reps. Huff, Wilkins, J. Anderson and P. Bradley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND DOMESTIC RELATIONS, BY ADDING ARTICLE 6, SO AS TO PROVIDE FOR THE EQUITABLE APPORTIONMENT OF MARITAL PROPERTY BY THE FAMILY COURTS OF THIS STATE INCLUDING PROVISIONS TO ESTABLISH THOSE FACTORS THE COURT MUST GIVE WEIGHT TO AND CONSIDER WHEN MAKING THE APPORTIONMENT, TO DEFINE WHAT CONSTITUTES MARITAL PROPERTY, TO PROVIDE FOR CERTAIN POWERS, AUTHORITY, AND JURISDICTION OF THE COURT IN THESE MATTERS AND WHEN MAKING THE APPORTIONMENT, TO PERMIT THE PARTIES IN THESE PROCEEDINGS TO RECORD A NOTICE OF THE PENDENCY OF THE PROCEEDING AND APPLY FOR AND RECORD A TRANSCRIPT OF JUDGMENT AND TO PROVIDE FOR THE FORM THAT THE TRANSCRIPT OF JUDGMENT MUST TAKE.
and asks for a Committee of Conference and has appointed Senators Thomas E. Smith, Jr., Bryan and Setzler of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 73
Whereupon, the Chair appointed Reps. HUFF, FREEMAN and WILKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. J. BRADLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3977 -- Rep. John Bradley: A HOUSE RESOLUTION TO REQUEST THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT A PERFORMANCE, MANAGEMENT, AND OPERATIONAL AUDIT OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION.
Be it resolved by the House of Representatives:
That the Legislative Audit Council is requested to conduct a performance, management, and operational audit of the State Health and Human Services Finance Commission.
Be it further resolved that a copy of this resolution be forwarded to the Legislative Audit Council.
The Resolution was adopted.
The following was introduced:
H. 3978 -- Rep. Tucker: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND THE ANDERSON KICKERS "WOLVERINES" SOCCER TEAM, WHO ARE UNDER THE AGE OF FOURTEEN AND PLAY IN THE CLASSIC LEAGUE IN ANDERSON COUNTY, UPON BEING THE SOUTHEASTERN UNITED STATES TOURNAMENT CHAMPIONS AND WHO WILL REPRESENT OUR STATE IN THE NATIONAL TOURNAMENT IN HOUSTON, TEXAS, ON JUNE 11-15, 1986.
The Resolution was adopted.
The following was introduced:
H. 3979 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOSEPH PINCKNEY NOBLITT, JR., OF ANDERSON COUNTY UPON HIS PASSING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3980 -- Rep. Harvin: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, JUNE 28, 1986, "ELIZA BINES DAY" IN CLARENDON COUNTY IN CELEBRATION OF HER ONE HUNDREDTH BIRTHDAY.
Whereas, Eliza Bines of Clarendon County will celebrate her one hundredth birthday on June 22, 1986; and
Whereas, the beloved lady will be honored with a special celebration on Saturday, June 28, 1986, sponsored by the many Clarendon County citizens who love and respect this attractive lady who has contributed so much over her lifetime to the improvement of the quality of life of all who have known her. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Saturday, June 28, 1986, is declared "Eliza Bines Day" in Clarendon County in celebration of the one hundredth birthday of the beloved and admired Mrs. Bines.
Be it further resolved that copies of this resolution be forwarded to Mrs. Bines and Mrs. Chris Blanding at Route 1, Box 45, Gable, South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3981 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND BEST WISHES TO JESSIE JOSEY OF LEE COUNTY ON THE OCCASION OF HER NINETY-SEVENTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3982 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES ON THE OCCASION OF THE ONE HUNDREDTH BIRTHDAY OF SUZANNE ELIZABETH COUNTS ATKINSON OF LEE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3983 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. EARL JOE, SR., OF LEE COUNTY, WHO PASSED AWAY MAY 28, 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WINSTEAD, with unanimous consent, the following was taken up for immediate consideration:
H. 3984 -- Reps. Winstead and Toal: A CONCURRENT RESOLUTION TO REQUEST THE PUBLIC SERVICE COMMISSION NOT TO IMPLEMENT REGULATIONS OF THE COMMISSION, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 568, APPROVED TUESDAY, MAY 27, 1986, PURSUANT TO THE PROVISIONS OF CHAPTER 23, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT.
Whereas, regulations of the Public Service Commission relating to telecommunications utilities, designated as regulation document number 568, were approved Tuesday, May 27, 1986, pursuant to the provisions of Chapter 23 of Title 1 of the 1976 Code, relating to the Administrative Procedures Act; and
Whereas, the United States Supreme Court on Tuesday, May 27, 1986, announced a ruling to settle a federal-state dispute over regulatory powers that may save consumers millions of dollars; and
Whereas, by a 5-2 vote, the court barred the Federal Communications Commission from imposing on the states an equipment depreciation formula aimed at promoting more rapid modernization; and
Whereas, Justice William J. Brennan said the court concluded that federal law represents a bar to federal preemption of state regulation over depreciation of dual jurisdiction property for intrastate rate-making purposes; and
Whereas, dual jurisdiction property refers to equipment used by phone companies for both in-state and out-of-state service; and
Whereas, the ruling does not bar the Federal Communications Commission from enforcing its depreciation formula for equipment used by phone companies solely for interstate service; and
Whereas, the formula is intended to promote modernization by giving phone companies financial incentive to develop and install new equipment, and in effect, phone companies would be able to recover their investments more quickly through rate hikes; and
Whereas, the constitutionality of these regulations is in question in light of this recent ruling by the court, and the regulations require further study before they are implemented. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Public Service Commission is requested not to implement regulations of the commission, relating to telecommunications utilities, designated as regulation document number 568, approved Tuesday, May 27, 1986, pursuant to the provisions of Chapter 23, Title 1, Code of Laws of South Carolina, 1976, relating to the Administrative Procedures Act.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Public Service Commission.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3985 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. TWYLA BELL CROSSCOPE UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3986 -- Rep. Felder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM B. BOOKHART, SR., OF ELLOREE, ORANGEBURG COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3987 -- Rep. Felder: A CONCURRENT RESOLUTION CONGRATULATING CALHOUN ACADEMY UPON WINNING THE 1986 SCISAA CLASS AA STATE CHAMPIONSHIP IN BASEBALL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3988 -- Reps. Dangerfield, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO WELCOME TO SOUTH CAROLINA THE LEADERS, STAFF, AND MEMBERS OF EXPLORER SHIP 1009 FROM BOWIE, MARYLAND, AS THEY BEGIN A TWO-WEEK SOUTHERN HIGH ADVENTURE TREK.
Whereas, the members of the General Assembly are pleased to learn that a group of Explorer Scouts from Bowie, Maryland, who are members of Explorer Ship 1009 will be visiting Charleston from Friday, June 27, 1986, to Sunday, June 29, 1986, as part of their two-week Southern High Adventure Trek; and
Whereas, members of the Coastal Carolina Council of the Boy Scouts of America will be hosting this group of twenty-three scouts and their staff and adult leaders; and
Whereas, for over seventy-five years the Boy Scouts of America has enabled young people to come together in a spirit of camaraderie and share experiences and adventures of a lifetime; and
Whereas, members of the General Assembly, by this resolution, would like to welcome the staff and members of Explorer Ship 1009 from Bowie, Maryland, to South Carolina and wish them the very best on their two-week Southern High Adventure Trek. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby welcome to South Carolina the leaders, staff, and members of Explorer Ship 1009 from Bowie, Maryland, as they begin a two-week Southern High Adventure Trek.
Be it further resolved that a copy of this resolution be forwarded to the Coastal Carolina Council of the Boy Scouts of America, and further that a copy of this resolution be presented to each adult leader, staff, or member of Explorer Ship 1009.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3989 -- Reps. Koon, Sharpe, Klapman, T.M. Burriss, Cooper, J.H. Burriss, Derrick and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE THE BAPTIST MEDICAL CENTER AT COLUMBIA ON OBTAINING THE FIRST LITHOTRIPTER IN SOUTH CAROLINA TO BE USED IN THE NONSURGICAL REMOVAL OF KIDNEY STONES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1360 -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING LAVERNE HUGHES WATSON OF RICHLAND COUNTY, DIRECTOR OF THE SOUTH CAROLINA CONFEDERATE RELIC ROOM AND MUSEUM, FOR THE SPLENDID WORK SHE HAS RENDERED IN THAT POSITION AND WISHING HER MUCH SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1361 -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENCOURAGE ALL LOCAL GOVERNMENTS AND POLITICAL SUBDIVISIONS TO COOPERATE IN ASSISTING LOCAL JAYCEE CHAPTERS IN COLLECTING FUNDS FOR SOUTH CAROLINA CAMP HOPE DAY, SEPTEMBER 27-28, 1986.
Whereas, local Jaycee chapters will be collecting funds for South Carolina Camp Hope Day, September 27-28, 1986; and
Whereas, the General Assembly believes that this is a very worthwhile project and wishes to encourage all local governments and political subdivisions to cooperate in assisting local Jaycee chapters in this project. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, encourages all local governments and political subdivisions to cooperate in assisting local Jaycee chapters in collecting funds for South Carolina Camp Hope Day, September 27-28, 1986.
Be it further resolved that a copy of this resolution be forwarded to the president of the South Carolina Jaycees.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1362 -- Senator Theodore: A CONCURRENT RESOLUTION TO RECOGNIZE THE REVEREND J. THOMAS BERRY, SR., OF GREENVILLE UPON HIS INSTALLATION AS PASTOR OF LONG BRANCH BAPTIST CHURCH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3990 -- Rep. White: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION.
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 727 -- Senator Mitchell: A BILL TO PROVIDE FOR THE DIVESTITURE OF STATE ECONOMIC INVOLVEMENT IN SOUTH AFRICA.
Referred to Committee on Interstate Cooperation.
S. 1331 -- Senator Lourie: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SMITH TIMBER, INC.
On motion of Rep. McBRIDE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 3990 be read the second and third times the next two successive legislative days.
On motion of Rep. McBRIDE, with unanimous consent, it was ordered that S. 1331 be read the second and third times the next two successive legislative days.
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. Bailey, K. Barfield Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead Woodruff
I came in after the roll call and was present for the Session on June 3, 1986.
David Beasley Charles L. Griffin III Dick Elliott B. J. Gordon Robert A. Kohn Lenoir Sturkie A. Victor Rawl Sterling Anderson
STATEMENT OF ATTENDANCE
Rep. ELLIOTT signed a statement with the Clerk that he came in after the roll call of the House and was present for the session on Monday, June 2, 1986.
The SPEAKER granted Rep. MARCHANT a leave of absence for the day.
The General Assembly, Columbia, S.C., May 29, 1986
The Committee of Conference, to whom was referred:
H. 2002 -- Rep. White: A BILL TO PROVIDE FOR REGISTRATION OF ELECTORS BY MAIL.
Beg leave to report that they have duly and carefully considered the same and recommend:
Amend the bill as and if amended, in item (1) of subsection (a) of Section 7-5-155 as contained in SECTION 1, page 1, by striking on line 25 /sixty/ and inserting /forty-five/.
Amend the bill, as and if amended in subsection (b) Section 7-5-155, as contained in SECTION 1, page 2, line 35 by striking /A certified poll watcher may, during normal business hours of the board of registration, review and obtain copies of applications and may challenge any application for cause. Challenges must be heard and decided by the county board of registration as provided in this chapter./
Amend the bill, as and if amended in subsection (g) of Section 7-5-155 as contained in SECTION 1, page 3, line 18 by striking /The official list of voters for a precinct shall contain an identifying mark beside the names of persons registered pursuant to this section since the last general election. Before the person whose name is so marked may vote, he must verify the appropriate electoral districts in which he resides to a poll manager by pointing to his place or residence on a map of the precinct./
Amend the bill, as and if amended, in subsection (h) of Section 7-5-155, as contained in SECTION 1, beginning on page 3, line 27, by striking /Any person who solicits or recruits another to complete an application for registration pursuant to this section must be eligible to serve as a witness to the application and must witness the application of the person solicited or recruited. If the recruiting or soliciting efforts of one person result in five or more applications from persons already properly registered, then the person soliciting or recruiting the applications is ineligible to serve as a witness pursuant to this section."/
Amend title to conform.
Respectfully submitted,
Donald H. Holland Juanita M. White Herbert U. Fielding Thomas E. Huff Joe Wilson (Minority Report) John G. Felder On Part of the Senate On Part of the House
Rep. J. BRADLEY raised the Point of Order that in compliance with Rule 5.15, consideration of the Conference Committee Report was out of order until printed in the Journal.
The SPEAKER sustained the point of order.
Rep. FAIR moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2314 -- Rep. Fair: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BICYCLES AND OTHER PLAY VEHICLES BY ADDING SECTION 56-5-3510 SO AS TO INCREASE THE LAWFUL AGE FOR THE OPERATION OF PEDAL BICYCLES WITH HELPER MOTORS RATED LESS THAN ONE HORSEPOWER (MOPEDS) FROM TWELVE TO FIFTEEN YEARS OF AGE, AND TO INCREASE THE PENALTY FOR VIOLATIONS; TO AMEND ARTICLE 1, CHAPTER 1 OF TITLE 56 RELATING TO DRIVERS' LICENSES BY ADDING SECTION 56-1-570 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF SECTION 56-5-3510 IS PROHIBITED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF LAST CONVICTION FROM APPLYING FOR A DRIVER'S LICENSE; AND TO REPEAL ACT 287 OF 1973 AND ACT 156 OF 1977 WHICH NOW CONTAIN PROVISIONS REGULATING THE OPERATION OF THESE PEDAL BICYCLES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Arthur, J. Arthur, W. Bailey, K. Barfield Bennett Blackwell Blanding Boan Bradley, P. Brett Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Derrick Edwards Faber Fair Felder Ferguson Freeman Gentry Gilbert Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lake Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McEachin McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Russell Sharpe Shelton Short Simpson Stoddard Thrailkill Townsend Tucker Washington White Wilkins Williams Woodruff
Those who voted in the negative are:
Aydlette Bradley, J. Davenport Day Evatt Foxworth Holt Johnson, J.C. Rogers, T. Winstead
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. FAIR, R. BROWN and GORDON to the Committee of Free Conference and a message was sent to the Senate accordingly.
Reps. McABEE and MANGUM made statements relative to the General Appropriations Bill.
Rep. J. ARTHUR moved that the House recede until 3:00 P.M., which was adopted.
At 3:00 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised.
A quorum was later present.
Reps. DAY and SIMPSON, with unanimous consent, withdrew their objections to S. 906 however, other objections remained upon the Bill.
On motion of Rep. HAYES, with unanimous consent, the following Bill was ordered recalled from Legislative Council.
H. 2532 -- Reps. Beasley, J. Rogers, Gentry, Huff, J. Anderson, Toal, Sheheen, Lewis and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 33-42-2030, 33-42-2040, AND 33-42-2050 SO AS TO PROVIDE FOR THE APPLICATION OF ACT 491 OF 1984 (UNIFORM LIMITED PARTNERSHIP ACT OF 1976) TO DOMESTIC LIMITED PARTNERSHIPS; TO AMEND SECTIONS 33-42-20, 33-42-30, 33-42-60, 33-42-210, 33-42-220, 33-42-250, 33-42-290, 33-42-430, 33-42-610, 33-42-1420, 33-42-1430, 33-42-1620, AND 33-42-1640, ALL RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT OF 1976, SO AS TO MAKE TECHNICAL MODIFICATIONS AND CLARIFY AMBIGUITIES AND PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE RETROACTIVELY TO JUNE 27, 1984.
The SPEAKER Pro Tempore granted Rep. GILBERT a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3671:
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
and asks for a Committee of Conference and has appointed Senator POPE vice Senator MOORE of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 74
Received as information.
The following was received.
The General Assembly, Columbia, SC, June 3, 1986
The Committee of Conference, to whom was referred:
H. 2161 -- Rep. Aydlette: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO SPECIAL PARKING PRIVILEGES FOR HANDICAPPED PERSONS, SO AS TO PROVIDE THAT EACH APPLICATION IN PERSON AND BY MAIL BY A HANDICAPPED PERSON FOR A DISTINGUISHING LICENSE PLATE OR PLACARD TO BE USED FOR SPECIAL PARKING PRIVILEGES MUST BE ACCOMPANIED BY A LICENSED PHYSICIAN'S CERTIFICATE THAT THE APPLICANT IS TEMPORARILY OR PERMANENTLY HANDICAPPED, TO ALLOW THE PHYSICIAN TO DETERMINE THE LENGTH OF TIME FOR WHICH THE LICENSE PLATE OR PLACARD MAY BE ISSUED, AND TO PROVIDE THAT NO LICENSE PLATE OR PLACARD MAY BE DENIED IF THE APPLICATION IS FILLED OUT CORRECTLY AND ACCOMPANIED BY THE CERTIFICATE AND IF THE APPLICANT FOLLOWS THE PROCEDURES ESTABLISHED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That reference is to Printer's Date 4-24-86/S.
That the bill do pass amended as follows:
Amend the bill, as and if amended, Section 1, as contained in SECTION 2 by adding after /that/ on line 17 of page 2 (/impairs the ability to walk or/).
Amend title to conform.
Glenn F. McConnell Derwood L. Aydlette, Jr. Charles L. Powell Dill Blackwell Caldwell T. Hinson Sara V. Shelton On Part of the Senate. On Part of the House.
The report was adopted and a message was ordered sent to the Senate accordingly.
Rep. LEWIS moved to adjourn debate upon the following Bill, which was adopted:
H. 3966 -- Rep. Lewis: A BILL TO AMEND ACT 812 OF 1952, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR ELECTION OF TRUSTEES, TO PROVIDE FOR THE ELECTION OF TRUSTEES AND PROVIDE FOR THE POWERS, DUTIES, AND COMPENSATION OF THE BOARD, AND TO PROVIDE FOR FUNDING OF THE SCHOOL DISTRICT'S OPERATIONS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3975 -- Reps. Koon, Klapman, Derrick and Sturkie: A BILL TO PROHIBIT THE GOVERNING BODY OF ANY PUBLIC HOSPITAL FROM CLOSING ANY SATELLITE MEDICAL FACILITY OPERATED BY IT WHICH IS LOCATED IN THE ELEVENTH JUDICIAL CIRCUIT, WHICH HAS BEEN CONSTRUCTED AFTER 1975, WITHOUT THE WRITTEN CONCURRENCE OF THE RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATORS IN WHICH THIS SATELLITE FACILITY IS LOCATED.
S. 1315 -- Senators Horace C. Smith, E. Patterson and Lee: A BILL TO AMEND SECTION 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES OF POLITICAL SUBDIVISIONS AS MEMBERS OF THE STATE RETIREMENT SYSTEM, SO AS TO AUTHORIZE MEMBERS OF A CITY RETIREMENT SYSTEM WHO TRANSFER TO A UNIT COVERED BY THE STATE RETIREMENT SYSTEM TO RECEIVE CREDIT UNDER THE STATE SYSTEM BY PAYING THE FULL ACTUARIAL COST AS DETERMINED BY THE ACTUARY OF THE STATE RETIREMENT SYSTEM.
On motion of Rep. EDWARDS, with unanimous consent, it was ordered that S. 1315 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
The following Bill was taken up.
H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Rep. McLELLAN moved to table the Bill, which was agreed to.
Rep. T. ROGERS moved to adjourn debate upon the following Bill, which was adopted.
H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.
The following Bill was taken up.
H. 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. LEWIS proposed the following Amendment No. 1 (Doc. No. 3868R), which was adopted.
Amend the bill, as and if amended, by striking the last paragraph of Section 1, as contained on page 2, and inserting:
/Disaster assistance matching funds in the continuing account established by this section may also be used, at the discretion of the Governor, to cover those Individual and Family Grant (IFG) Program administrative expenses incurred by the administering agency, after it has administered the Fund for ten working days from its own budget, which exceed the Federal Emergency Management Agency's (FEMA) administrative expense allowance./
Amend title to conform.
Rep. LEWIS 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. LEWIS, with unanimous consent, it was ordered that H. 3387 be read the third time tomorrow.
Rep. SHEHEEN moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill, which was agreed to.
H. 2532 -- Reps. Beasley, J. Rogers, Gentry, Huff, J. Anderson, Toal, Sheheen, Lewis and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 33-42-2030, 33-42-2040, AND 33-42-2050 SO AS TO PROVIDE FOR THE APPLICATION OF ACT 491 OF 1984 (UNIFORM LIMITED PARTNERSHIP ACT OF 1976) TO DOMESTIC LIMITED PARTNERSHIPS; TO AMEND SECTIONS 33-42-20, 33-42-30, 33-42-60, 33-42-210, 33-42-220, 33-42-250, 33-42-290, 33-42-430, 33-42-610, 33-42-1420, 33-42-1430, 33-42-1620, AND 33-42-1640, ALL RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT OF 1976, SO AS TO MAKE TECHNICAL MODIFICATIONS AND CLARIFY AMBIGUITIES AND PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE RETROACTIVELY TO JUNE 27, 1984.
Rep. HAYES proposed the following Amendment No. 1 (Doc. No. 5070R), which was adopted.
Amend the bill, as and if amended, by striking all after Section 3, ending on line 30, page 79, and inserting:
/Section 4. Article 1 of Chapter 5 of Title 15 of the 1976 Code is amended by adding:
"Section 15-5-45. Any partnership formed under the laws of this State or of another jurisdiction shall have the capacity with or without the joinder of one or more of its partners, to sue and be sued in the courts and agencies of this State as a separate entity under the name specified in any recorded certificate of partnership, or, if the partnership conducts business under an assumed name or there is no recorded certificate, under the name by which it does business. All judgments and executions against any such partnership shall bind its real and personal property. Its partners shall also be liable for judgment and be subject to execution to the extent and in the manner provided by law."
Section 5. Section 33-41-370 of the 1976 Code is amended to read:
"Section 33-41-370. All partners are liable: (1) jointly and severally for everything chargeable to the partnership. under Section 33-11-350 and 33-11-360; and
(2) Jointly for all other debts and obligations of the partnership; but any partner may enter into a separate obligation to perform a partnership contract."
Section 6. Except as otherwise set forth in Section 33-42-220(g) in Section 1 of this act and subsection (1), (2) and (3) below, this act shall take effect on September 1, 1986 and shall govern all limited partnerships formed in this State before or after its effective date.
(1) Section 33-42-45 in Section 1 of this act shall only be mandatory with respect to limited partnerships formed after its effective date.
(2) Unless agreed otherwise by the partners, the applicable provisions of Chapter 43 of Title 33 of the 1976 Code, the repeal of which was confirmed by Act 11 of 1985 which corrected a clerical error in Section 3 of Act 491 of 1984, governing allocation of profits and losses (rather than the provisions of Section 33-42-830), distributions to a withdrawing partner (rather than the provisions of Section 33-42-1040), and distribution of assets upon the winding up of a limited partnership (rather than the provisions of Section 33-42-1440) shall govern limited partnerships formed before June 27, 1984.
(3) The repeal of any statutory provision by this act, Act 491 of 1984, or by Act 11 of 1985 does not impair, or otherwise affect, the organization or the continued existence of a limited partnership existing at the effective date of these acts, nor does the repeal of any existing statutory provision by those acts impair any contract or affect any right accrued before the effective date of this act."/
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Bill was taken up.
S. 1264 -- Senator McConnell: A BILL TO AMEND SECTIONS 41-18-40, 41-18-80, AND 41-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR, PROVIDE THAT AN AMUSEMENT DEVICE BE INSPECTED BY A SPECIAL INSPECTOR INSTEAD OF BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR FOR AN INITIAL PERMIT AND INSPECTED BY AN ARCHITECT, PROFESSIONAL ENGINEER, OR AN INSPECTOR OF AN INSURANCE UNDERWRITER FOR A SUBSEQUENT PERMIT, AND TO DELETE THE PROVISION THAT FEES ESTABLISHED BY THE COMMISSIONER OF LABOR MUST BE BASED ON COST OF ADMINISTERING THE PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE WHICH MUST NOT EXCEED FIFTY DOLLARS.
Rep. OGBURN proposed the following Amendment No. 1 (Doc. No. 5825k), which was adopted.
Amend the bill, as and if amended, by adding:
SECTION 3A. Section 41-18-90 of the 1976 Code, added by Act 103 of 1985, is amended to read:
"Section 41-18-90. Before the commissioner may issue a permit to the owner or lessee of an amusement device, the owner or lessee of the device shall furnish the commissioner with proof that he has purchased insurance from an acceptable insurer in an amount not less than one million five hundred thousand dollars per for each occurrence against liability for injury to persons arising out of the use of the amusement device and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established by the commissioner on a case-by-case basis. For purposes of this section, an acceptable insurer for a 'permanent device' is an insurer which is either licensed by the Chief Insurance Commissioner in this State or approved by the Chief Insurance Commissioner as a nonadmitted surplus lines carrier for risks located in this State. For a 'temporary device' an insurer shall meet either of these requirements or shall meet minimum financial requirements for admission as a licensed company in South Carolina and must be licensed in the 'temporary device's' owner's or lessee's home state or must be an approved nonadmitted surplus lines carrier for risks located in that home state. Each policy, by its original terms or an endorsement, shall obligate the insurer that it will not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal being given to the commissioner. In the event the liability insurance is cancelled, suspended, or nonrenewed, the insurer shall give immediate notice to the commissioner. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this State."
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Reps. L. MARTIN and TOAL proposed the following Amendment No. 2 (Doc. No. 5025R), which was adopted.
Amend the bill, as and if amended, in Section 41-18-80 of the 1976 Code, as contained in SECTION 2, page 3, by adding a new subsection immediately after line 44 to read:
/9. A special inspector shall have the following qualifications:
(a)(1) at least five years experience in amusement device maintenance and safety, and completion of approved courses in materials inspection and testing and in fasteners, or in the alternative,
(2) a four-year college degree in engineering or architecture with a minimum of twelve semester hours of course work in the area of mechanics and strength of materials.
(b) Evidence of successful completion of an approved Rides Safety Inspection Course within the previous two calendar years./
Amend title to conform.
Rep. L. MARTIN 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. L. MARTIN, with unanimous consent, it was ordered that S. 1264 be read the third time tomorrow.
The following Bill was taken up.
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. GENTRY proposed the following Amendment No. 1 (Doc. No. 4979R), which was adopted.
Amend the bill, as and if amended, Section 13-3-130 as contained in SECTION 1, page 2, line 33, by striking /Saluda/ and inserting /Lexington/.
Amend title to conform.
Rep. GENTRY explained the amendment.
The amendment was then adopted.
Rep. J. ANDERSON proposed the following Amendment No. 2 (Doc. No. 5003R), which was adopted.
Amend the bill, as and if amended, in Section 13-3-130 of the 1976 Code as contained in Section 1 by striking the first two paragraphs as contained on page 3 and inserting:
/The members of the Permanent Committee must be paid the usual mileage and subsistence as is provided by law for members of state boards, commissions, and committees.
The Permanent Committee must meet four times a year, and may meet more often if the chairman considers it necessary or if ten members request the chairman to call a meeting, and the chairman of the State Development Board approves such additional meetings./
The Permanent Committee may not meet at any location outside the boundaries of South Carolina.
Amend title to conform.
Rep. GENTRY explained the amendment.
Rep. LIMEHOUSE asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. KLAPMAN raised the Point of Order that the Bill was out of order as it did not have a Fiscal Impact Statement attached.
Rep. AYDLETTE argued that the Bill did not expend money, therefore a Fiscal Impact Statement was not necessary.
ACTING SPEAKER L. MARTIN overruled the Point of Order.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that S. 629 be read the third time tomorrow.
Rep. J. BRADLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Ferguson, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.
The motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to by a division vote of 88 to 0.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. J. BRADLEY, TOAL and WILKINS to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., March 11, 1986
The Committee of Free Conference, to whom was referred:
H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Ferguson, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.
Beg leave to report that they have duly and carefully considered the same and recommend that the same do pass with the following amendments:
Amend the Bill, as and if amended, by adding at the end of subsection (f) of Section 4-9-10 of the 1976 Code, as contained in Section 1, the following:
/(4) Any other method of election in existence in any county of this State as of July 1, 1986, if the county on June 25, 1975, had an at-large from the county method of election and has this same method of election as of July 1, 1986, and a population of at least 225,000 persons./
Renumber subsections to conform.
Amend title to conform.
William E. Applegate, III /s/John D. Bradley, III /s/Glenn F. McConnell /s/Jean H. Toal /s/J. Verne Smith David H. Wilkins On Part of the Senate On Part of the House
The report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
S. 254 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas Smith, McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell Smith, Lourie, Applegate, Drummond, Land, Powell, Theodore, E. Patterson and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28, SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, AS AMENDED, 3-5-100, AS AMENDED, 3-5-330, AS AMENDED, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, AS AMENDED, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, AS AMENDED, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-31-50, 59-19-200, 59-105-40, 59-117-70 AND 59-123-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230 AND 59-19-240, OF THE 1976 CODE, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.
Reps. McLELLAN and DAY objected to the Bill.
Rep. McTEER asked unanimous consent that the Bill title be abbreviated to read "The Eminent Domain Bill," which was agreed to.
Rep. TOAL moved to adjourn debate upon the Bill, which was adopted.
Rep. AYDLETTE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2384 -- Rep. Archibald: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.
Rep. FERGUSON spoke against granting Free Conference Powers.
Rep. McLELLAN spoke in favor of granting Free Conference Powers.
Rep. FERGUSON spoke against granting Free Conference Powers.
Rep. AYDLETTE withdrew his request for Free Conference Powers.
The following Bill was taken up.
S. 1090 -- Senator Lourie: A BILL TO AMEND SECTION 58-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT THE AUTHORITIES ARE EXEMPT FROM PROVISIONS GOVERNING SPECIAL PURPOSE DISTRICTS AND TO REDEFINE "PUBLIC TRANSPORTATION"; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY BONDS, SO AS TO PROVIDE FOR BOARD REPRESENTATION BASED ON A COUNTY'S FINANCIAL CONTRIBUTION; AND TO AMEND ACT 169 OF 1985, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CLARIFY BUDGET PROCEDURES FOR AUTHORITIES IN EXISTENCE PRIOR TO JULY 1, 1985.
Rep. SHEHEEN explained the Bill.
Rep. McEACHIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The ACTING SPEAKER L. MARTIN overruled the Point of Order.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHEHEEN asked unanimous consent that S. 1090 be read a third time tomorrow.
Rep. McTEER objected.
On motion of Rep. S. ANDERSON, with unanimous consent, the Senate Amendments to the following Bill were taken up for consideration.
H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
Upon the withdrawal of objections by Reps. JONES and SHARPE, the following Bill was taken up.
S. 906 -- Senator Waddell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF GEOLOGIC EXAMINERS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALTIES.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, May 28, 1986 by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Rep. LOCKEMY proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, by striking item (2) of Section 40-77-160 as contained in Section 1 and when amended item (2) shall read:
/(2) Graduated in a geologic or a related science curriculum of four scholastic years or more from a school or college other than those approved by the board in item (1) of this section with a specific record of five years or more of experience in geological work of a character satisfactory to the board or passing written examinations in geologic subjects designed to show knowledge and skill approximating that attained through graduation in an approved geologic curriculum and passing the written examinations as required in item (1) of this section./
Rep. LOCKEMY 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. LOCKEMY, with unanimous consent, it was ordered that S. 906 be read the third time tomorrow.
Rep. AYDLETTE withdrew his objection to S. 984, however, other objections remained upon the Bill.
Rep. HAYES withdrew his objection to H. 3818.
On motion of Rep. BOAN, with unanimous consent, the following Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.
S. 1347 -- Senator Hinson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE IMMEDIATE STEPS NECESSARY TO PROVIDE RELIEF TO THE PEOPLE OF LANCASTER COUNTY BY REPLACING A BRIDGE ON ROAD 154, NORTHEAST OF THE TOWN OF KERSHAW, OVER LYNCHS CREEK IN LANCASTER COUNTY.
Rep. S. ANDERSON, with unanimous consent, moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill, which was agreed to.
H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.
The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture and Natural Resources.
H. 3602 -- Reps. Townsend, Kay, Chamblee and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-175 SO AS TO PROVIDE FOR AN AGRIBUSINESS LICENSE AND A SINGLE BOND ISSUED BY THE STATE DEPARTMENT OF AGRICULTURE IN LIEU OF A LICENSE OR PERMIT AND A SEPARATE BOND FOR SEED HANDLERS, DEALERS IN AGRICULTURAL PRODUCTS, PUBLIC WEIGHMASTERS, PESTICIDE DEALERS AND APPLICATORS, AND AGRICULTURAL LIMING MATERIALS DISTRIBUTORS.
Rep. T.M. BURRISS asked unanimous consent that the time of the unanimous consent period be extended 2 minutes, which was agreed to.
On motion of Rep. T.M. BURRISS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 765 -- Senators McConnell, Setzler and Matthews: A BILL TO AMEND SECTION 11-35-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLE SOURCE PROCUREMENT UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE CONDITIONS UNDER WHICH SOLE SOURCE PROCUREMENT IS PERMITTED AND TO PROVIDE CERTAIN PENALTIES FOR VIOLATIONS OF THE SOLE SOURCE PROCUREMENT REQUIREMENTS.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3825 -- Rep. Gentry: A BILL TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED AS PROVIDED BY ANY COURT-ORDERED PLAN.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. SCHWARTZ moved to adjourn debate upon the Senate Amendments to the following Bill.
H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.
Rep. COOPER moved to table the motion which was agreed to by a division vote of 22 to 11.
Rep. SCHWARTZ spoke against the motion to concur in the Senate Amendments.
The ACTING SPEAKER SHEHEEN granted Rep. L. MARTIN a leave of absence for the remainder of the day.
Rep. SCHWARTZ continued speaking.
Rep. BLACKWELL moved that when the House adjourns it adjourn to meet at 12:00 Noon tomorrow, which was agreed to.
Rep. SCHWARTZ proposed the following Amendment No. 1A (Doc. No. 5108R), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subsection (d) of Section 44-61-80 of the 1976 Code is amended to read:
"(d) A certificate so issued shall be is valid for a period not exceeding three years from the date of issuance and may be renewed every three years from the date of original certification subject to the holder completing a refresher course and examination during the three-year certification period as required by the department and provided for by this chapter ; provided, that upon. Upon completion of forty-eight hours of in-service training by licensed ambulance service personnel during the three-year certification period and passage of the examination as provided for by the department, the refresher course requirements may be waived ; provided, further, that failure to successfully pass the examination after two attempts will require completion of the refresher course and reexamination; provided, further, that the. The curriculum for in-service training programs required in this subsection shall include but not be limited to classroom and other skills instruction and other subject matter prescribed by the department that may be conducted at ambulance services, educational facilities, or hospitals throughout the State.
Upon successful completion of an approved in-service training program directed by the medical control physician who evaluates the skills of the emergency medical technician, the written exam may be waived."
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
Reps. LOCKEMY and SHARPE spoke upon the amendment.
Rep. HUFF moved that the House do now adjourn.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Bradley, P. Day Huff McBride Mitchell Phillips, O. Rice Snow
Those who voted in the negative are:
Altman Anderson, J. Arthur, W. Aydlette Bailey, K. Barfield Beasley Bennett Blackwell Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Felder Foster Gentry Harris, J. Harvin Hawkins Hayes Helmly Hendricks, B. Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lewis Limehouse Lockemy Martin, D. Mattos McEachin McKay McLellan McTeer Moss Neilson Nettles Pearce Petty Phillips, L. Rawl Russell Sharpe Sheheen Shelton Simpson Stoddard Thrailkill Townsend Tucker Waldrop White Williams Woodruff
So, the House refused to adjourn.
Rep. SCHWARTZ spoke in favor of the amendment.
Rep. FOSTER spoke upon the amendment.
Rep. COOPER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Aydlette Bailey, K. Beasley Bennett Blackwell Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Evatt Faber Foster Foxworth Harris, J. Hawkins Hayes Hearn Johnson, J.C. Jones Kay Koon Limehouse Lockemy Mattos Mitchell Moss Neilson Phillips, L. Rice Rogers, T. Sharpe Taylor Townsend Waldrop
Those who voted in the negative are:
Schwartz Altman Anderson, S. Arthur, J. Arthur, W. Boan Bradley, P. Brown, R. Carnell Davenport Day Edwards Elliott Felder Freeman Gentry Harvin Hendricks, B. Huff Johnson, J.W. Kirsh Martin, D. McEachin Nettles Petty Phillips, O. Rawl Russell Sheheen Simpson Snow Stoddard Toal Tucker Washington White Williams Woodruff
So, the amendment was tabled.
On the motion to table the amendment my vote was incorrectly recorded to table. I wish to be recorded as voting no against tabling.
REP. DAVE C. WALDROP, JR.
Rep. AYDLETTE moved to reconsider the vote whereby Amendment No. 1A was tabled and the motion was noted.
Rep. SCHWARTZ spoke against the motion to concur in the Senate Amendments.
Rep. McEACHIN moved that the House do now adjourn.
Rep. P. HARRIS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, K. Barfield Bennett Blackwell Brown, H. Brown, R. Burriss, M.D. Carnell Cleveland Cork Dangerfield Day Edwards Elliott Faber Foxworth Gentry Harvin Hawkins Hearn Hendricks, B. Holt Huff Keyserling Kirsh Lewis Martin, D. McEachin McKay McLellan McTeer Nettles Pearce Phillips, L. Phillips, O. Rice Rogers, T. Russell Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Washington Williams
Those who voted in the negative are:
Arthur, W. Beasley Boan Bradley, P. Brown, J. Burriss, T.M. Chamblee Cooper Davenport Evatt Felder Foster Harris, J. Harris, P. Hayes Johnson, J.C. Johnson, J.W. Jones Kay Klapman Limehouse Lockemy Moss Neilson Petty Sharpe Taylor Townsend Tucker Woodruff
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to concur in the Senate Amendments, Rep. SCHWARTZ having the floor.
Rep. SCHWARTZ arose to a Point of Personal Privilege.
The Senate returned to the House with concurrence the following:
H. 3816 -- Rep. Lewis: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO DESIGNATE A SUITABLE AREA WITHIN LAKE WATEREE STATE PARK AS THE "BEN F. HORNSBY ISLAND RECREATION AREA" IN RECOGNITION OF THE OUTSTANDING PUBLIC SERVICE ON BEHALF OF FAIRFIELD COUNTY AND THE STATE OF FORMER SENATOR AND REPRESENTATIVE HORNSBY.
H. 3976 -- Rep. J.C. Johnson: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. JAMES ELI JOHNSON UPON THE OCCASION OF THEIR THIRTIETH WEDDING ANNIVERSARY AND EXTENDING BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
H. 3979 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOSEPH PINCKNEY NOBLITT, JR., OF ANDERSON COUNTY UPON HIS PASSING.
H. 3980 -- Rep. Harvin: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, JUNE 28, 1986, "ELIZA BINES DAY" IN CLARENDON COUNTY IN CELEBRATION OF HER ONE HUNDREDTH BIRTHDAY.
H. 3981 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND BEST WISHES TO JESSIE JOSEY OF LEE COUNTY ON THE OCCASION OF HER NINETY-SEVENTH BIRTHDAY.
H. 3982 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES ON THE OCCASION OF THE ONE HUNDREDTH BIRTHDAY OF SUZANNE ELIZABETH COUNTS ATKINSON OF LEE COUNTY.
H. 3983 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. EARL JOE, SR., OF LEE COUNTY, WHO PASSED AWAY MAY 28, 1986.
H. 3985 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. TWYLA BELL CROSSCOPE UPON HER DEATH.
H. 3986 -- Rep. Felder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM B. BOOKHART, SR., OF ELLOREE, ORANGEBURG COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3987 -- Rep. Felder: A CONCURRENT RESOLUTION CONGRATULATING CALHOUN ACADEMY UPON WINNING THE 1986 SCISAA CLASS AA STATE CHAMPIONSHIP IN BASEBALL.
H. 3989 -- Reps. Koon, Sharpe, Klapman, T.M. Burriss, Cooper, J.H. Burriss, Derrick and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE THE BAPTIST MEDICAL CENTER AT COLUMBIA ON OBTAINING THE FIRST LITHOTRIPTER IN SOUTH CAROLINA TO BE USED IN THE NONSURGICAL REMOVAL OF KIDNEY STONES.
At 5:05 P.M. the House in accordance with the motion of Rep. McEACHIN adjourned to meet at 12:00 Noon tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:41 P.M.