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:
O Thou Giver of every good and perfect gift, help us to use the precious moments of prayer each day to renew our spiritual vitality, to give us a sense of direction and to gain purpose for all our activities. Give us the wisdom to move when it is best and to wait when it is wise. When we cannot attain the ultimate, inspire us to do what we can, knowing that small deeds done are better than great deeds planned. And as we aspire to greater heights, keep us faithful in the performance of little assignments. And whatever light may shine or shadows fall, may we walk in the light of Him Who is the Light of the world.
To You, O Lord, we give our praise and thanksgiving. 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. G. BROWN.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
October 9, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the members of the South Carolina AFL-CIO, it gives me great pleasure to invite the members of the House to a reception given in their honor on Tuesday, March 3, 1987, from 7:00 p.m. till 8:30 p.m. The reception will be held at the Town House on Gervais Street here in Columbia.
Members of our organization from all parts of the state will be in attendance. We look forward to seeing the members of the House on that evening.
Sincerely,
Randy Kiser
President
January 16, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The Association of Public Library Administrators is having its 6th annual Legislative Day on Wednesday, March 4, 1987. Friends, Board Members and Librarians will be in the Capitol that day to visit with their legislators.
I will appreciate your extending our invitation to all members of the House of Representatives to a luncheon at the Radisson Hotel between 12:30 and 2:30. We will look forward to seeing you and our representatives there.
Sincerely yours,
Penny Albright
President
November 18, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the South Carolina Probate Judges' Association, I would like to extend an invitation to the members of the House of Representatives to attend a reception on Wednesday, March 4, 1987, at 7:00 P.M. at the Radisson.
Our Association has been honored for the past several years to have had the privilege of entertaining our legislators and we look forward with great anticipation to again hosting this function.
With kindest regards, I am
Sincerely,
Harriett S. Pierce
President
November 26, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
The South Carolina Federation of Business and Professional Women's Clubs cordially invites members of the House to be our guests at our annual legislative conference breakfast on March 11, 1987. The breakfast will be held at 8:00 a.m. at the Radisson Hotel.
We would appreciate your submitting our invitation to the House Invitations Committee, and we look forward to seeing you on March 11.
Sincerely,
M. Malissa Burnette
State Legislative Chairperson
December 8, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the Chief Justice and the Justices of the Supreme Court, the Chief Judge and Judges of the Court of Appeals, and the Circuit Judges, we cordially invite the members of the South Carolina General Assembly, Senators and Representatives, their staffs and attaches, to a reception honoring the members of the Legislature to be held at the Radisson on Wednesday, March 11, 1987, at 6:30 p.m.
With warm personal regards,
Respectfully, I am
Don S. Rushing
Resident Judge for the
Sixth Judicial Circuit
October 20, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
The South Carolina Medical Association would appreciate most sincerely your reserving the date of March 17th, 1987 for a reception to be held in honor of the South Carolina House, Clerk and Attaches.
The reception will be held from six o'clock until nine o'clock at Radisson Hotel.
With thanks in advance for your consideration, I am
Respectfully,
Susan J. Nickles
Director
Health Policy Affairs.
October 3, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
This is to confirm the reservation of the evening of March 18, 1987 for a cocktail party honoring the House and Senate sponsored by the South Carolina Registered Cosmetologist Association. The event will be held at the Town House on Gervais Street from 6:30 to 9:00 p.m.
The President of the Association will follow this with a formal invitation.
Sincerely,
Swerling & Harpootlian
Joseph M. McCulloch
October 16, 1986
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
Thank you for scheduling the S.C. State Museum on the House Calendar for a reception to be held at the Museum on March 24, 1987, from 6:00 - 8:00 p.m. We look forward to meeting with the state's representatives and giving them a tour of our new facility.
Again, I appreciate your assistance with this matter.
Sincerely,
Caroline H. Miley
Director of Public Information
December 9, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the South Carolina Petroleum Marketers Association, we would like to extend an invitation to the Members of the House of Representatives, their clerks and attaches to attend a reception on Wednesday, March 25, 1987, from 7:00 p.m. - 9:00 p.m. at The Town House located at 1615 Gervais St.
We look forward to seeing you on the 25th.
Sincerely,
Ron Cobb
President
December 9, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the South Carolina Chapter, American Physical Therapy Association, Inc., we would like to extend an invitation to the Members of the House of Representatives, their clerks and attaches to attend a reception on Tuesday, March 31, 1987, from 7:00 p.m. - 9:00 p.m. at The Town House located at 1615 Gervais St.
We look forward to seeing you on the 31st.
Sincerely,
Ron Cobb
President
The following was received.
February 11, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 807)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 11, 1987 regulations concerning State Personnel and State Employee Grievance Committee from the State Budget and Control Board.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2045 -- Reps. Hayes, Foster and Kirsh: 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 PROVIDE THAT SALES OF KEROSENE IN QUANTITIES OF TWENTY GALLONS OR LESS ARE CONSIDERED USED FOR RESIDENTIAL HEATING PURPOSES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2118 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL STRUCTURE, ORGANIZATION, POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, BY ADDING SECTION 5-7-300 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2147 -- Rep. McLellan: A BILL TO AMEND SECTION 8-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE SALARY AND PERFORMANCE EVALUATION COMMISSION, SO AS TO CHANGE THE NAME TO THE AGENCY HEAD SALARY COMMISSION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2184 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR AUCTIONEERS' LICENSES, SO AS TO PROVIDE THAT THEY MUST BE ESTABLISHED BY THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, McEachin, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 2194 -- Reps. McAbee, Sharpe, Kay and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-14 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 2, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2015 -- Reps. McLellan, Aydlette, Boan, Taylor and P. Bradley: A BILL TO ENACT THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, AND 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 OFFENSES ESTABLISHED IN THIS ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 2462 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE SOCASTEE MIDDLE SCHOOL OF HORRY COUNTY FOR BEING CHOSEN TO REPRESENT SOUTH CAROLINA IN THE NATIONAL SECONDARY SCHOOL RECOGNITION PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following. Bills were introduced, read the first time, and referred to appropriate committees:
H. 2463 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT ANY DECREE, JUDGMENT, OR ORDER REGARDING CHILD SUPPORT OF THIS OR ANY OTHER STATE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO FILING AND DUE NOTICE OF AN ACTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES, AND TO PROVIDE THAT ALL FOREIGN DECREES, JUDGMENTS, OR ORDERS OF CHILD SUPPORT MUST BE GIVEN FULL FAITH AND CREDIT IN THIS STATE IN THE MANNER PROVIDED BY LAW; AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.
Referred to Committee on Judiciary.
H. 2464 -- Reps. McEachin and Nettles: A BILL TO AMEND SECTION 56-1-1090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST HABITUAL TRAFFIC OFFENDERS BEING ISSUED A LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS UNLESS THIS PERIOD IS OTHERWISE REDUCED BY A COURT, SO AS TO PERMIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF THE COURT TO REDUCE THE REQUIRED PROHIBITION PERIOD UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 2465 - Rep. Haskins: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, C. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 12, 1987.
William H. Jones Thomas N. Rhoad John J. Snow, Jr. Tee Ferguson T.W. Edwards Robert N. McLellan
LEAVES OF ABSENCE
The SPEAKER granted Rep. BENNETT a leave of absence for the day due to illness.
The SPEAKER granted Rep. HEARN a leave of absence for the day.
Announcement was made that Janice L. Bacon of Columbia, is the Doctor of the Day for the General Assembly.
The following Bill was read the third time, passed and, 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.
S. 351 -- Senator Holland: A BILL TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE TERMS OF THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION TO FOUR YEARS BEGINNING AS PROVIDED IN SECTION 59-19-315, AND TO STAGGER THE TERMS OF THE MEMBERS ELECTED IN THE ELECTION IN 1988.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 2325 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO NOTIFICATION OF CANCELLATION OF INSURANCE POLICY; PROOF OF FINANCIAL RESPONSIBILITY FORMS; REPEAL 63-454 (FORMS), DESIGNATED AS REGULATION DOCUMENT NUMBER 754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2425 -- Rep. Sheheen: A BILL TO AMEND SECTION 59- 123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY, SO AS TO CHANGE THE REFERENCE TO DEGREES IN ALLIED HEALTH SCIENCES AND RELATED HEALTH FIELDS TO DEGREES IN HEALTH RELATED PROFESSIONS AND GRADUATE STUDIES IN RELATED HEALTH FIELDS.
H. 2443 -- Rep. Toal: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPPORTUNITIES INDUSTRIALIZATION CENTER OF SOUTH CAROLINA, INC.
The following Bill was taken up.
H. 2024 -- Reps. Hayes and P. Bradley: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2124 -- Rep. Aydlette: A BILL TO AMEND SECTION 38-37-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECUSATION OF AUTOMOBILE INSURANCE, THE AVOIDANCE OF CERTAIN CLASSES OR TYPES OF RISK, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO MAKE IT AN ACT OF UNLAWFUL DISCRIMINATION AND UNFAIR COMPETITION FOR AN INSURER TO TERMINATE ITS INSURANCE BUSINESS WITH ANY ONE AGENT OVER THE WRITING OF CERTAIN CLASSES OR TYPES OF AUTOMOBILE INSURANCE RISKS WITHOUT ALSO PULLING OUT OF THE ENTIRE STATE OR TERMINATING ITS SIMILAR BUSINESS WITH ALL OTHER AGENTS IN THE STATE AT THE SAME TIME AND TO DO ANYTHING UNFAIR, OR UNFAIRLY FAIL TO DO ANYTHING, WHICH HAS THE EFFECT OF, OR RESULTS IN, CAUSING ANY CEDED INSURANCE BUSINESS TO HAVE A DETRIMENTAL EFFECT ON ANY INCENTIVE BONUSES PAID BY THE INSURER TO AGENTS, AND TO INCREASE THE PERIOD OF REVOCATION OR SUSPENSION OF THE INSURER'S CERTIFICATE OF AUTHORITY, AS A PENALTY FOR THESE AND CERTAIN OTHER UNLAWFUL, WILFUL ACTS, FROM SIX TO TWELVE MONTHS, AND TO PROHIBIT INSURERS FROM USING BUSINESS PLACED IN THE REINSURANCE FACILITY WHEN DETERMINING QUALITY BONUS.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 2179 -- Reps. Waldrop, Haskins, Blackwell and Limehouse: A BILL TO AMEND SECTION 40-6-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ISSUE REPRIMANDS FOR MISCONDUCT WHICH DOES NOT WARRANT SUSPENSION OR REVOCATION OF A LICENSE.
H. 2181 -- Reps. Waldrop, Hearn and Limehouse: A BILL TO AMEND SECTION 40-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO CHANGE THE METHOD OF SUBMITTING NOMINATIONS FOR APPOINTMENTS TO THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.
Rep. T.M. BURRISS explained the Bill.
H. 2234 -- Reps. McElveen, E.B. McLeod, Wilkins, Baxley, Blanding, G. Brown, J.W. Johnson and Huff: A BILL TO AMEND SECTION 20-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCE REQUIREMENTS IN ORDER TO INSTITUTE AN ACTION FOR DIVORCE SO AS TO PROVIDE THAT THE TERMS "RESIDENTS" OR "RESIDED" AS USED IN THIS SECTION AS IT APPLIES TO A PLAINTIFF OR DEFENDANT STATIONED IN THIS STATE ON ACTIVE DUTY MILITARY SERVICE MEANS A CONTINUOUS PRESENCE IN THIS STATE FOR THE PERIOD REQUIRED REGARDLESS OF INTENT TO PERMANENTLY REMAIN IN SOUTH CAROLINA.
Rep. WILKINS explained the Bill.
S. 159 -- Senator Williams: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES IN CIRCUIT COURTS, SO AS TO CHANGE THE REFERENCE TO "RAPE" TO "CRIMINAL SEXUAL CONDUCT".
H. 2452 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO WARNING TICKETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 727, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 2180 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW THE EXEMPTING OF PERSONS ENGAGED IN AUCTIONEERING BUSINESSES ON MAY 24, 1977, FROM HAVING TO BE LICENSED AS AN APPRENTICE BEFORE BEING LICENSED AS AN AUCTIONEER.
Rep. PEARCE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2182 -- Reps. Waldrop, Blackwell, Haskins and Limehouse: A BILL TO AMEND SECTION 40-6-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL REQUIREMENTS FOR LICENSES FOR AUCTIONEERS, SO AS TO PROVIDE THAT THE CREDIT RECORD OF ANY APPLICANT MAY BE CONSIDERED BY THE AUCTIONEERS' COMMISSION IN DETERMINING WHETHER OR NOT TO LICENSE THE APPLICANT AND TO ESTABLISH A FEE FOR A CREDIT INVESTIGATION.
Rep. T.M. BURRISS explained the Bill.
Rep. ARTHUR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.
Rep. ARTHUR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2185 -- Reps. Waldrop, Gentry, Haskins, Limehouse and Mattos: A BILL TO AMEND SECTION 40-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT NO DISCIPLINARY ACTION MAY BE TAKEN AGAINST A LICENSEE OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION WITHOUT A PUBLIC HEARING.
Rep. PEARCE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2215 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN IN EACH CONGRESSIONAL DISTRICT AT LEAST ONE RESIDENT ADJUSTER WHO IS A FULL-TIME EMPLOYEE OF THE COMPANY FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THESE ADJUSTERS IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2011 -- Reps. Ferguson and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2055 -- Reps. Kirsh, Nesbitt and P. Bradley: A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE FOR COMPULSORY PUBLIC OR PRIVATE SCHOOL ATTENDANCE, SO AS TO INCREASE THE MAXIMUM AGE FROM SIXTEEN TO SEVENTEEN YEARS.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2117 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2150 -- Rep. Harvin: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE REGISTRATION AND LICENSE PLATES FOR PRISONERS OF WAR, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MAY RETAIN THE LICENSE PLATE AND ALL THE PRIVILEGES INCIDENT TO IT FOR LIFE OR UNTIL REMARRIAGE AND TO PROVIDE THAT THEIR CHILDREN MAY RETAIN THE PLATE AS A MEMENTO WHEN THE VEHICLE ON WHICH IT WAS ATTACHED IS TRANSFERRED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2040Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-3-1150 of the 1976 Code is amended to read:
"Section 56-3-1150. Notwithstanding any other provision of law, any Any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State may make application for registration and licensing of his personal motor vehicle or truck, not exceeding three-quarter ton, to the South Carolina Department of Highways and Public Transportation (department) without accompanying such the application with the usual fee for registration and licensing of a vehicle of similar type. The department shall issue such the license plates plate or the revalidation sticker upon receipt of such the application made under oath and in such a form as may be required by the department. Provided, however, that the The provisions of this section shall do not apply if such the former POW applies for a special personalized motor vehicle license plates plate under the provisions of Section 56-3-2010, Code of the 1976.
Any veteran former POW who is issued a license plate under the provisions of this section shall is not be required to reapply so long as he owns the vehicle for which the plate is issued. The plates plate shall bear the words 'South Carolina', the number and prefix 'POW'.
After the death of a POW who was issued a license plate under this section, the immediate family may retain the license plate as a memento. A POW license plate which is retained as a memento may not be displayed upon any vehicle. Any registered owner of a vehicle who displays on his vehicle a POW license plate which was retained as a memento is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2231 -- Reps. M.D. Burriss, Hearn and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-35 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES WHO BECOMES A PERMANENT RESIDENT OF THE STATE MAY HAVE THIRTY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE THAT HE MUST BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE WITHOUT EXAMINATION IF HE HAS A VALID DRIVER'S LICENSE FROM ANOTHER STATE OR TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA AT THE TIME OF HIS APPLICATION.
Rep. M.D. BURRISS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2232 -- Reps. M.D. Burriss and Day: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OF DRIVER'S LICENSES AND THE RENEWAL THEREOF SO AS TO PROVIDE THAT IF THE LICENSE OF ANY PERSON EXPIRES AND HE WAS UNABLE TO RENEW IT BECAUSE HE WAS ON ACTIVE MILITARY DUTY OUTSIDE THIS STATE FOR THIRTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION DATE, HE MAY WITHIN A PERIOD OF THIRTY DAYS AFTER RETURNING TO THIS STATE RENEW THE LICENSE IN THE MANNER PERMITTED BY THIS SECTION AS THOUGH THE LICENSE HAD NOT EXPIRED.
Rep. M.D. BURRISS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2033 -- Reps. Hayes and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO CONTRACT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER JURISDICTIONS.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2155 -- Reps. McEachin, Gilbert and McKay: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A STATEMENT OF ACCOUNT MUST BE SERVED WITHIN NINETY DAYS ON AN OWNER IN ORDER TO PRESERVE A MECHANICS LIEN, SO AS TO CHANGE THIS REQUIRED TIME FROM NINETY DAYS TO SIX MONTHS, AND TO AMEND SECTION 29-5-120, RELATING TO THE REQUIREMENT THAT A MECHANICS LIEN IS DISSOLVED IF A SUIT THEREON TO ENFORCE THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS AFTER THE LABOR AND MATERIALS WERE FURNISHED, SO AS TO CHANGE THIS TIME FROM SIX MONTHS TO ONE YEAR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1 896Y).
Amend the bill, as and if amended, by striking /six months/ on line 3 of Section 29-5-90 of the 1976 Code, as contained in Section 1 and inserting /one hundred twenty days/ so that when amended Section 29-5-90 shall read:
/Section 29-5-90. Such a The lien shall be is dissolved unless the person desiring to avail himself thereof, within ninety days one hundred twenty days after he ceases to labor on or furnish labor or materials for such the building or structure, serves upon the owner or, in the event the owner cannot be found, upon the person in possession and files in the office of the register of mesne conveyances or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall must be subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall must be recorded in a book kept for the purpose by the register or clerk who shall be is entitled to the same fees therefor as for recording mortgages of equal length.
Provided, that However, in the event neither the owner nor the person in possession can be located after diligent search, and this fact is verified by affidavit of the sheriff or his deputy, the lien may be preserved by filing the statement together with the affidavit. The delivery on the register or clerk for filing, as provided in this section, shall be is and constitute constitutes the delivery contemplated with regard to such these liens in Title 30 of this Code./
Amend the bill further, as and if amended, by striking Section 2 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. McEACHIN explained the amendment.
Rep. LEWIS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2161 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR ABSENTEE BALLOTS, SO AS TO PROVIDE THAT APPLICATIONS BY ANYONE QUALIFIED TO VOTE BY ABSENTEE BALLOT WHO APPEARS IN PERSON MUST BE ACCEPTED UNTIL 5:00 P.M. ON THE DAY IMMEDIATELY PRECEDING THE ELECTION INSTEAD OF LIMITING THIS AUTHORIZATION TO PERSONS IN EMPLOYMENT AND ELECTORS WITH A DEATH OR FUNERAL IN THE FAMILY WITHIN A THREE-DAY PERIOD PRIOR TO THE ELECTION.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2162 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTIONS 7-15-310 AND 7-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO AMEND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AUNTS, UNCLES, NIECES, AND NEPHEWS; AND TO PROVIDE THAT THE ENVELOPE IN WHICH A VOTER PLACES AN ABSENTEE BALLOT MUST BE MARKED "BALLOT HEREIN", TO PROVIDE THAT THE ENVELOPE MAY BE DELIVERED PERSONALLY, BY MAIL, OR BY AN AUTHORIZED PERSON, AND TO PROVIDE A PROCEDURE FOR DELIVERY BY AN AUTHORIZED PERSON.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2210 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Rep. CORNING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2255 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 5-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS WITHIN CITIES, SO AS TO REVISE THE PROCESS REQUIRED FOR CREATION OF A DISTRICT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1895Y), which was adopted.
Amend the bill, as and if amended, by striking Section 5-37-40(v) and inserting:
/(v) that it would be fair and equitable to finance all or part of the cost of such the improvements by an assessment upon the real property located within such the district, the governing body may establish such the area as an improvement district and implement and finance, in whole or in part, an improvement plan therein in the district in accordance with the provisions of this chapter; provided, that. However, the governing body shall, prior to the enactment of the ordinance creating the improvement district, shall obtain written consent for the creation of such the improvement district from a majority in number of the owners of real property within the district that is not exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and having an aggregate assessed value in excess of sixty-six percent of the assessed value of all real property within such the improvement district that is not exempt from taxation under Section 501(c)(3) of the Internal Revenue Code./
Amend title to conform.
Rep. WILKINS explained the amendment. The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2259 -- Reps. Wilkins, P. Bradley and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-555 SO AS TO MAKE A FELONY OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS A BOMB AND SECTION 16-11-556 SO AS TO MAKE A MISDEMEANOR OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS SO CONSTRUCTED AS TO REPRESENT, OR IS PRESENTED AS, A BOMB; TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 16-11-555.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2037Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-11-555. (A) Whoever intentionally delivers or places a device which is constructed to represent or is presented as an explosive, an incendiary, or a bomb, with the intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy any other person, or aids, agrees with, employs, or conspires with, any other person to do or cause to be done any of the acts mentioned above is guilty of a misdemeanor, and, upon conviction must be punished by a fine of not less than two thousand dollars or imprisoned for a term of not more than two years, or both.
(B) For the purposes of this section, the terms 'explosive', 'incendiary', and 'bomb' mean (1) dynamite and all other forms of high explosives, (2) any explosive bomb, grenade, missile, or similar device, and (3) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (a) consists of or included a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (b) can be carried or thrown by one individual acting alone.
(C) For purposes of this section, the terms 'explosive', 'incendiary', and 'bomb' do not include any fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. O. PHILLIPS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The SPEAKER granted Rep. KAY a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 2296 -- Reps. Rudnick, Washington, J. Brown and Jones: A BILL TO AMEND SECTION 20-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF LIQUOR BY MINORS AND A PERSON FALSELY REPRESENTING HIS AGE FOR THE PURPOSE OF PROCURING ALCOHOLIC LIQUOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Rep. WILKINS explained the Bill.
Rep. HOLT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2299 -- Reps. Rudnick and Jones: A BILL TO AMEND SECTION 20-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENUE FOR ACTIONS FOR DIVORCE AND FOR SEPARATE SUPPORT AND MAINTENANCE, SO AS TO PROVIDE THAT THESE ACTIONS MAY BE TRIED IN THE PLAINTIFF'S COUNTY OF RESIDENCE IF THE DEFENDANT ACCEPTS SERVICE OF PROCESS WHEN THE ACTION IS BROUGHT IN THE PLAINTIFF'S COUNTY OF RESIDENCE AND DOES NOT MOVE FOR A CHANGE OF VENUE AS PROVIDED BY LAW.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2302 -- Reps. Rudnick, T. Rogers, Taylor, J. Brown and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 31, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-410 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY SHALL HOLD A PUBLIC HEARING IN COLUMBIA PRIOR TO IMPOSING ANY RATE INCREASE AND TO PROVIDE THAT THE STATE CONSUMER ADVOCATE HAS A RIGHT TO APPEAR AT THE HEARING AND HAS THE RIGHT OF PRIOR ACCESS TO THE APPROPRIATE RECORDS OF THE AUTHORITY PERTAINING TO THE RATE INCREASE.
Rep. HENDRICKS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
Rep. HOLT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2071 -- Reps. Altman and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-860 SO AS TO PROHIBIT THE OPERATION OF AIRBOATS.
Rep. WINSTEAD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2096 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-137 SO AS TO PROHIBIT THE WILFUL IMPEDING OR OBSTRUCTION OF LAWFUL HUNTING, TRAPPING, FISHING, OR HARVESTING OF MARINE SPECIES, AND TO PROVIDE PENALTIES.
Rep. FOXWORTH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. BAXLEY asked unanimous consent to recall S. 269 from the Committee on Ways and Means.
Rep. KLAPMAN objected.
Reps. O. PHILLIPS and MOSS asked unanimous consent to have their names added as co-sponsors to H. 2308, which was agreed to.
Rep. J.C. JOHNSON asked unanimous consent to have his name removed as a co-sponsor to H. 2413, which was agreed to.
Rep. TOAL moved to adjourn debate upon the following Concurrent Resolution, which was adopted.
H. 2060 -- Reps. Aydlette and P. Bradley: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
Rep. M.O. ALEXANDER moved that the House recur to the morning hour.
As a first substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period.
As a second substitute Rep. M.O. ALEXANDER moved that the House recur to the morning hour, which was agreed to.
Rep. T. ROGERS moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Cork Faber McLeod, E. B. Rogers, T. Taylor Toal
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Fair Ferguson Gentry Gilbert Harris, J. Harvin Haskins Hawkins Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLeod, J.W. McTeer Moss Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rudnick Sharpe Sheheen Simpson Stoddard Sturkie Thrailkill Tucker Waldrop Wells White Wilder Wilkins
So, the House refused to adjourn.
The following was introduced:
H. 2466 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 19, 1987, AS HISTORY DAY IN SOUTH CAROLINA, AND AUTHORIZING THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 2467 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty, Russell and Wells: A HOUSE RESOLUTION EXPRESSING PROFOUND SORROW AND A DEEP SENSE OF LOSS ON THE PART OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES CONCERNING THE DEATH OF MR. ROBERT DUKE TUCKER, AND EXTENDING SYMPATHY TO MR. TUCKER'S FAMILY AND FRIENDS.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2468 -- Reps. Gilbert, Shelton, J.W. McLeod, I Foxworth and Mappus: A BILL TO AMEND CHAPTER 31, TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONEY AND INTEREST, BY ADDING SECTION 34-31-25 SO AS TO PROVIDE THAT THE CURRENT FAIR MARKET VALUE OF ANY COLLATERAL OTHER THAN REAL PROPERTY PLEDGED TO A FINANCIAL INSTITUTION AS SECURITY FOR ANY MONETARY DEBT OR OBLIGATION CANNOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE CURRENT BALANCE OF THE DEBT OR OBLIGATION INCLUDING THE PRINCIPAL AND ANY UNPAID INTEREST UNLESS THE COLLATERAL IS NOT SEVERABLE INTO SMALLER AMOUNTS, PARTS, OR SHARES, AND TO PROVIDE CERTAIN EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 2469 -- Reps. Gilbert, Beasley, Nettles, McEachin and Lockemy: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL LOCAL GOVERNMENT PROVISIONS BY ADDING SECTION 6-1-50 SO AS TO REQUIRE PUBLIC UTILITIES, CABLE TELEVISION COMPANIES, AND CERTAIN OTHER ENTITIES TO POST A BOND WITH THE GOVERNMENTAL BODY HAVING JURISDICTION OVER A ROADWAY BEFORE THE UTILITY, CABLE TELEVISION COMPANY, OR ENTITY CAN UNDERTAKE WORK WITHIN THE ROAD RIGHT-OF-WAY IF THE WORK WILL ALTER OR DAMAGE THE ROADWAY.
Referred to Committee on Labor, Commerce and Industry.
On motion of Rep. EDWARDS, with unanimous consent, the following was introduced:
H. 2470 -- Reps. Edwards and Russell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. R.E. LITTLEJOHN OF SPARTANBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. TOAL moved to adjourn debate upon the following Concurrent Resolution, which was adopted.
H. 2060 -- Reps. Aydlette and P. Bradley: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
The motion period was dispensed with on motion of Rep. GENTRY.
The following Bill was taken up.
H. 2253 -- Reps. Hodges and Boan: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO PROVIDE THAT ANY PERSON CONDUCTING THE TEST IS NOT LIABLE FOR ANY CLAIM FOR CIVIL DAMAGES ARISING OUT OF PERSONAL INJURY BASED ON CONTRACT OR TORT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2041Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-2950(a) of the 1976 Code is amended to read:
"(a) Any person who operates a motor vehicle upon the public highways of this State shall be deemed is considered to have given consent to a chemical test of his breath for the purpose of determining the alcoholic content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of intoxicating liquor. The test shall must be administered at the direction of a law-enforcement law enforcement officer who has apprehended a person while driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor. The test shall must be administered by a person trained and certified by the South Carolina Law Enforcement Division, using methods approved by the South Carolina Law Enforcement Division division. The arresting officer shall may not administer the test, and no such test shall may be administered unless the defendant person arrested has been informed that he does not have to take the test but that his privilege to drive will be suspended or denied if he refuses to submit to the test.
No person shall be is required to submit to more than one test for any one offense for which he has been charged, and the test shall must be administered as soon as practicable without undue delay.
The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his own choosing conduct a test or tests in addition to the test administered by the law-enforcement law enforcement officer. The failure or inability of the person tested to obtain an additional test shall does not preclude the admission of evidence relating to the test taken at the direction of the law-enforcement law enforcement agency or officer.
A qualified person who conducts the test or participates in the process of conducting the test in accordance with this section is released from all civil and criminal liability unless the test is conducted in a grossly negligent manner. This release also applies to the employer of the person who conducts the test.
The arresting officer or the person conducting the chemical test of the person apprehended promptly shall promptly assist that person to contact a qualified person to conduct additional tests.
The South Carolina Law Enforcement Division division shall administer the provisions of this subsection and may make such rules and regulations as may be necessary to carry out the provisions of this subsection. The Department of Health and Environmental Control shall cooperate with the Division division in carrying out its duties. "
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 2308 -- Reps. Rudnick, White, Huff, Sharpe, Koon, Arthur, Nesbitt, O. Phillips and Moss: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1990, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY PROVIDES IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Rep. WILKINS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. BEASLEY moved that the House do now adjourn which was adopted by a division vote of 67 to 17.
The Senate returned to the House with concurrence the following:
H. 2462 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE SOCASTEE MIDDLE SCHOOL OF HORRY COUNTY FOR BEING CHOSEN TO REPRESENT SOUTH CAROLINA IN THE NATIONAL SECONDARY SCHOOL RECOGNITION PROGRAM.
At 10:55 A.M. the House in accordance with the motion of Rep. BEASLEY adjourned to meet at 10:00 A.M. tomorrow.
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