Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God and Father, the Source of our strength and the Hope of every new day, grant that we may yield ourselves in faithful obedience and unfaltering loyalty to Your holy will that we may be set free from temptations and tendencies which would thwart Your way for us. May we hold tenaciously to those highest values and be given to Your holy Word with unwavering fidelity. Help us cling to our trust in God with ardent zeal that our conduct may coincide with our creed, our practice with our profession.
Thank You, Lord, for this privilege of prayer, and for the assurance that You hear us when we pray and answer us when we call. 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 the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received. Columbia, S.C., February 17, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 266:
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Very respectfully,
President
Rep. HASKINS moved to adjourn debate upon the message, which was adopted.
The Senate Amendments to the following Concurrent Resolution was taken up for consideration.
H. 2284 -- Rep. Boan: A CONCURRENT RESOLUTION TO INVITE WALTER Y. ELISHA, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF SPRINGS INDUSTRIES, INC., TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY AT 12:00 NOON, WEDNESDAY, MARCH 11, 1987.
Whereas, Springs Industries, Inc., has been since its founding a leading textile industry in this State widely known for its quality products and its concern for the welfare of its employees; and
Whereas, Springs Industries, which employs the largest number of members of the State's work force, is celebrating its one hundredth anniversary this year; and
Whereas, it is the desire of the members of the General Assembly to recognize the many accomplishments of this prominent manufacturing concern and the many meaningful contributions it has made to the economy and culture of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the chairman of the board and chief executive officer of Springs Industries, Inc., Walter Y. Elisha, is invited to address the members of the House of Representatives and Senate in Joint Assembly in the Hall of the House at 12:00 noon, Wednesday, March 11, 1987.
The Senate amendments were concurred in by a division vote of 27 to 24 and a message was ordered sent to the Senate accordingly.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. AFL-CIO for a reception, March 3, 1987, 7:00 - 8:30 P.M. at The Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Association of Public Library Administrators for a luncheon, March 4, 1987, 12:30 - 2:30 P.M. at The Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Probate Judges' Association for a reception, March 4, 1987, 7:00 P.M. at The Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Federation of Business and Professional Womens' Clubs for breakfast, March 11, 1987, 8:00 A.M., at The Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Circuit Court of South Carolina for a reception, March 11, 1987, 6:30 P.M., at The Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Medical Association for a reception, March 17, 1987, 6:00 P.M. - 9:00 P.M. at The Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Registered Cosmetologist Association for a cocktail party, March 18, 1987, 6:30 P.M. - 9:00 P.M. at The Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. State Museum for a reception, March 24, 1987, 6:00 P.M. - 8:00 P.M. at the Museum.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Petroleum Marketers Association for a reception, March 25, 1987, 7:00 P.M. - 9:00 P.M. at The Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Chapter, American Physical Therapy Association, Inc. for a reception, March 31, 1987, 7:00 P.M. - 9:00 P.M. at The Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2287 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES SECRETARY OF TRANSPORTATION TO APPROVE THE REQUEST OF PIEDMONT AIRLINES TO ESTABLISH INTERNATIONAL SERVICE BETWEEN CHARLOTTE, NORTH CAROLINA, AND LONDON.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2404 -- Rep. G. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT ANY LEGISLATION THAT HAS THE EFFECT OF REMOVING OR IMPAIRING THE BENEFITS ACCRUING TO THE MILITARY VETERANS WHO GAVE THEIR LOYALTY AND THEIR DEVOTION IN DEFENSE OF THESE UNITED STATES OF AMERICA.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on invitations and Memorial Resolutions, submitted a favorable report, on:
S. 359 -- Senators Giese and Lourie: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS H.R. 2, THE SURFACE TRANSPORTATION AND UNIFORM RELOCATION SYSTEMS ACT OF 1987, AND S. 82, ITS SENATE COMPANION LEGISLATION, WHICH WOULD MAKE AVAILABLE FEDERAL HIGHWAY FUNDS FOR USE IN THIS STATE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 370 -- Senators Horace C. Smith, Bryan, Courson, Doar, Fielding, Garrison, Hayes, Hinson, Land, Lee, Lourie, Macaulay, Martin, McConnell, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ENACT LEGISLATION TO EQUALIZE OLD AGE BENEFITS UNDER THE SOCIAL SECURITY PROGRAM FOR PERSONS WHO HAVE SIMILAR WAGE HISTORIES, REGARDLESS OF THE DATE UPON WHICH THEY BECOME ACE SIXTY-TWO.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2202 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 17-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THESE FEES.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2103 -- Reps. P. Harris, J. Harris, Helmly and P. Bradley: A BILL TO AMEND SECTIONS 44-52-20, 44-52-70, AND 44-52-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT PERSONS WHO APPEAR TO BE CHEMICALLY DEPENDENT MAY SEEK VOLUNTARY ADMISSION TO A TREATMENT FACILITY, TO PROVIDE THAT A PETITION FOR INVOLUNTARY COMMITMENT MAY BE FILED IN THE COUNTY WHERE THE PERSON TO BE COMMITTED IS PRESENT, AND TO PROVIDE THAT THE COURT MAY ORDER INVOLUNTARY COMMITMENT TO THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH OR ANY OTHER LICENSED TREATMENT FACILITY.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2176 -- Rep. Lockemy: A BILL TO REQUIRE A HEALTH CARE PROVIDER TO PROVIDE TO AN INDIVIDUAL, UPON REQUEST, A COPY OF ANY REPORT CONCERNING THE INDIVIDUAL'S HEALTH OR MEDICAL HISTORY WHICH WAS FURNISHED TO A THIRD PERSON; AND TO PROVIDE FOR CHARGING A FEE FOR THE COPY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2017 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A MEANS FOR THE CONTINUATION OF A CERTIFICATE OF AUTHORITY AND OTHER APPROVALS PERTAINING TO ANY FOREIGN INSURER WHICH TRANSFERS ITS CORPORATE DOMICILE TO THIS OR ANY OTHER STATE BY MERGER OR CONSOLIDATION OR ANY OTHER LAWFUL METHOD; AND TO AMEND SECTION 38-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE ISSUANCE OF A CERTIFICATE OF AUTHORITY TO A DOMESTIC INSURER, SO AS TO REQUIRE DOMESTIC INSURERS TO MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS AND EXECUTIVE, ADMINISTRATIVE, AND HOME OFFICES IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2056 -- Rep. Kirsh: A BILL TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES WHEN THEY OCCUR MORE THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2089 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2221 -- Reps. Wilder and Kirsh: A BILL TO AMEND SECTION 4-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE, SO AS TO PROVIDE THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2290 -- Rep. E.B. McLeod: A BILL TO AMEND SECTION 24-21-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO DELETE THE PROHIBITION AGAINST A PROBATIONER BEING REQUIRED TO SUBMIT TO SURVEILLANCE BY ELECTRONIC MEANS, AND TO PERMIT THIS ELECTRONIC SURVEILLANCE OF A PROBATIONER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2412 -- Reps. Wilkins, P. Bradley, Arthur, Gentry, Hayes, Baxley, Beasley, Tucker, Short, Boan, T.M. Burriss, J.W. Johnson, Corning and Hearn: A BILL TO AMEND SECTION 15-39-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALE DAYS, SO AS TO PROVIDE THAT THE COURT OFFICER WITH AUTHORITY TO CONDUCT THE JUDICIAL SALE OF REAL PROPERTY PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE MAY DIRECT THAT THE SALE BE CONDUCTED ON ANY DAY OR DAYS; AND TO AMEND SECTION 29-3-680, RELATING TO APPLICATION FOR ORDER OF APPRAISAL BY A DEFENDANT IN A REAL ESTATE FORECLOSURE ACTION AGAINST WHOM A PERSONAL JUDGMENT BE TAKEN OR ASKED, SO AS TO PROVIDE THAT THE PETITION FOR APPRAISAL MUST BE MADE WITHIN THIRTY DAYS RATHER THAN NINETY DAYS AFTER THE SALE.
Ordered for consideration tomorrow.
The following was introduced:
H. 2474 -- Reps. T. Rogers and Hearn: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF WILLIAM J. KAURIC OF COLUMBIA IN RICHLAND COUNTY, WHO DIED FEBRUARY 10, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2475 -- Reps. M.D. Burriss, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O., Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO SALUTE THE NATIONAL GUARD WHICH MARKED ITS 350TH ANNIVERSARY IN 1986 AND TO RECOGNIZE AND COMMEND THE CITIZEN SOLDIERS OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR UNSELFISH, DYNAMIC SERVICE AND FOR THEIR CONSTANT VIGIL IN DEFENSE OF THE FREEDOM OF THE PALMETTO STATE AND OF THESE UNITED STATES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2476 -- Rep. Baker: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY AS AMERICAN HISTORY MONTH.
Whereas, it is appropriate that state and local government officials and educators emphasize and direct the attention of our citizens to the importance of being informed about and knowledgeable of the history of our great nation; and
Whereas, the National Society of the Daughters of the American Revolution has designated February as American History Month since 1956, and has done much to encourage its observance in the schools, churches, and communities of the nation; and
Whereas, it is necessary that all of our citizens, especially our children, develop an understanding of what it means to be an American and to be free; and
Whereas, our younger generation must be made aware and our older citizens reminded that behind the cold print of history books there is a moving story about our Nation and its patriots who fought well for our freedom and who wanted to make certain that they had not fought in vain; and
Whereas, it is essential that the citizens of our State understand that the history of America is about freedom and that freedom is about America; and
Whereas, it is fitting that a month be set aside to bring into vivid reminder the glory and the pageantry of our American heritage. Now, therefore,
Be it resolved by the the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate February as American History Month in South Carolina and encourage South Carolinians to sponsor and attend appropriate observances of American History Month.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2477 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE DR. J.N. LIPSCOMB UPON HIS INDUCTION INTO THE CHEROKEE COUNTY CHAMBER OF COMMERCE HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2478 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE GUY PITTMAN MEREDITH, SR., UPON BEING SELECTED AS THE RECIPIENT OF THE PRESTIGIOUS "SERVICE TO MANKIND" AWARD BY THE CHEROKEE SERTOMA CLUB AND TO WISH HIM EVERY SUCCESS AS HE COMPETES FOR STATE, REGIONAL, AND INTERNATIONAL SERTOMA AWARDS.
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. 2479 -- Reps. Blackwell, Mattos and M.O. Alexander: A BILL TO AMEND SECTIONS 8-13-20, 8-13-620, AND 8-13-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO ETHICS AND CAMPAIGN PRACTICES, SO AS TO REDEFINE "CANDIDATE", DEFINE "BALLOT ISSUE", "CAMPAIGN COMMITTEE", "EXPENDITURE", "LOAN", AND "PERMANENT POLITICAL COMMITTEE", AND TO CHANGE PROCEDURES RELATING TO MAINTENANCE OF RECORDS BY CANDIDATES; AND TO AMEND ARTICLE 9 OF CHAPTER 13 OF TITLE 8, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTIONS 8-13-660 THROUGH 8-13-780 SO AS TO REGULATE CAMPAIGN PRACTICES.
Referred to Committee on Judiciary.
H. 2480 -- Rep. McAbee: A BILL TO AMEND SECTION 57-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY SUPERVISION OF PUBLIC ROADS, HIGHWAYS, BRIDGES, AND FERRIES, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO RETAIN AN OTHERWISE ABANDONED ROAD OR PORTION OF SUCH ROAD AS A LIMITED ACCESS EASEMENT FOR ABUTTING PROPERTY OWNERS, AND TO PROVIDE FOR RELATED MATTERS CONCERNING THE EASEMENT AND THE COUNTY'S ORDINANCE, INCLUDING PENALTIES FOR VIOLATING THE ORDINANCE.
Referred to Committee on Education and Public Works.
H. 2481 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO EXEMPT HOSPITALS AND INFIRMARIES MAINTAINED BY THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF THE ACT.
Without reference.
H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.
Without reference.
H 2483 -- Labor, Commerce and Industry Committee: A BILL TO REQUIRE ALL EMPLOYERS TO ASSIST THEIR INSURERS OR CARRIERS IN PROCESSING CLAIMS ARISING UNDER TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, (THE WORKERS' COMPENSATION LAW) INCLUDING THE FILING OF A REPORT BY EMPLOYERS WITH THEIR INSURERS; TO REQUIRE AN INSURER OR SELF-INSURED EMPLOYER TO SEND NOTICE OF DENIAL OF A COMPENSABILITY CLAIM UNDER TITLE 42 TO EACH PROVIDER OF MEDICAL SERVICES AND TO ANY PROVIDER OF HEALTH INSURANCE FOR THE INJURED WORKER, AND PROVIDE FOR A PROCEDURE FOR RESOLVING THE SAME; TO PROVIDE A METHOD WHEREBY THE PARTIES WHO ARE IN DISAGREEMENT OVER THE COMPENSABILITY OF A CLAIM UNDER TITLE 42 MAY BY AGREEMENT MAKE A DISPOSITION OF THE CLAIM AS IS CONSIDERED REASONABLE; AND TO PROVIDE THAT "COMPENSATION" UNDER THIS ACT INCLUDES ALL BENEFITS, INCLUDING MEDICAL SERVICES, PROVIDED FOR A COMPENSABLE INJURY TO A SUBJECT WORKER OR THE WORKER'S BENEFICIARIES BY A DIRECT RESPONSIBILITY EMPLOYER.
Without reference.
H. 2484 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE STATE WORKERS' COMPENSATION FUND AND IT'S DIRECTOR, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT THE DIRECTOR SERVES FOR A TERM OF SIX YEARS WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE THAT HE IS DIRECTLY RESPONSIBLE TO THE GOVERNOR WHO HAS THE POWER TO REMOVE HIM FOR CAUSE, REQUIRE THE DIRECTOR TO PROVIDE QUARTERLY MANAGEMENT REPORTS TO THE GOVERNOR, PROVIDE THAT THESE REPORTS ALSO MUST BE MADE AVAILABLE TO STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, WITH JURISDICTION, IF REQUESTED, AND REQUIRE THE DIRECTOR TO SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY ANNUALLY; AND TO AMEND SECTION 8-17-370, RELATING TO GROUPS EXEMPTED FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO INCLUDE THE ATTORNEYS OF THE STATE WORKERS' COMPENSATION FUND.
Without reference.
H. 2485 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625, SO AS TO IMPOSE AN ADDITIONAL TAX OF TEN CENTS ON EACH PACK OF CIGARETTES AND TO PROVIDE THAT THE REVENUE DERIVED FROM THE TAX MUST BE USED FOR CANCER AND LUNG DISEASE RESEARCH IN THIS STATE.
Referred to Committee on Ways and Means.
H. 2486 -- Rep. Nettles: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO INCREASE THE PENALTY.
Referred to Committee on Judiciary.
H. 2487 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 20-7-2376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR REVIEW OF CASES OF CHILDREN WHO HAVE RESIDED IN PUBLIC FOSTER CARE FOR A PERIOD OF MORE THAN FOUR CONSECUTIVE MONTHS NO LESS FREQUENTLY THAN ONCE EVERY SIX MONTHS; AND TO AMEND SECTION 20-7-2379, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE, SO AS TO PROVIDE FOR THE SALARY OF THE STAFF EMPLOYED BY THE BOARD'S DIRECTOR.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2488 -- Reps. Wilkins and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY WHICH ELECTS ITS MEMBERS FROM SINGLE-MEMBER DISTRICTS 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 AFTER APPROVAL BY A MAJORITY OF THE QUALIFIED ELECTORS RESIDING IN THE COUNTY VOTING IN A REFERENDUM AND PROVIDE A METHOD FOR INITIATING THE REFERENDUM, PROVIDE FOR THE CALLING OF AN ELECTION AFTER A FAVORABLE REFERENDUM TO ELECT AN ADDITIONAL MEMBER OF THE GOVERNING BODY, PROVIDE FOR THE TERM OF THE ADDITIONAL MEMBER, AND REQUIRE THE COUNTY TO ASSUME ALL COSTS ASSOCIATED WITH CONDUCTING THE REFERENDUM OR ELECTION, OR BOTH.
Referred to Committee on Judiciary.
H. 2489 -- Reps. J.W. McLeod, McKay, R. Brown, McEachin and Lockemy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-146 SO AS TO REQUIRE A PERSON TO SUBMIT A CERTIFICATE FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THAT AS A RESULT OF A BLOOD TEST HE IS FREE OF ANY COMMUNICABLE DISEASE BEFORE HE MAY BE EMPLOYED BY A FOOD SERVICE OR FOOD PROCESSING ESTABLISHMENT AND TO PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2490 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTIONS 16-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF A MOB GUILTY AS PRINCIPALS; 16-11-820, RELATING TO UNLAWFUL USE OF CABLE TELEVISION SERVICE; 16-13-120 AND 16-13-130, RELATING TO SHOPLIFTING; 16-13-220, RELATING TO EMBEZZLEMENT OF PUBLIC FUNDS; 16-14-90, RELATING TO FRAUDULENT ACQUISITION OF TRANSPORTATION TICKETS OBTAINED AT A DISCOUNT; 16-15-300, RELATING TO DISTRIBUTION OF OBSCENE MATERIALS TO THE PUBLIC; 16-17-230, RELATING TO DESECRATION OR MUTILATION OF FEDERAL AND STATE FLAGS; AND 56-5-2950, RELATING TO IMPLIED CONSENT TO TAKE A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF A MOTOR VEHICLE OPERATOR'S BLOOD, SO AS TO CHANGE CERTAIN REFERENCES TO "PRESUMPTIONS", "REBUTTABLE PRESUMPTIONS", AND "CONCLUSIVE PRESUMPTIONS" TO A "PERMISSIVE INFERENCE" REFERENCE IN ORDER TO BRING THESE SECTIONS IN CONFORMITY WITH EXISTING CONSTITUTIONAL LAW, AND TO FURTHER REVISE THESE SECTIONS IN ORDER TO ACCOMPLISH THE ABOVE.
Referred to Committee on Judiciary.
H. 2491 -- Reps. Kohn, Aydlette, J. Bradley and Foxworth: A BILL TO AMEND SECTION 38-37-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE RATE AND STATISTICAL DIVISION WITHIN THE DEPARTMENT OF INSURANCE, TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS FOR AUTOMOBILE INSURANCE, AND SECTION 38-37-540, RELATING TO THE UNIFORM STATISTICAL PLANS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER THROUGH THE RATE DIVISION, SO AS TO ELIMINATE THE AUTHORITY TO USE TERRITORIAL CLASSIFICATIONS FOR THE PURPOSE OF ESTABLISHING RISKS OR RATES.
Referred to Committee on Labor, Commerce and Industry.
H. 2492 -- Rep. McEachin: A BILL TO AMEND CHAPTER 27 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES, BY ADDING SECTION 38-27-150 SO AS TO PROVIDE THAT INSURANCE AGENTS MAY BE REIMBURSED BY PREMIUM SERVICE COMPANIES FOR EXPENSES AND SERVICES RENDERED IN PREPARING, PROCESSING, AND HANDLING PREMIUM SERVICE AGREEMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 2493 -- Reps. Haskins, Huff, Wells, Baker and Limehouse: A BILL TO AMEND SECTION 59-67-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF SCHOOL BUS DRIVERS SO AS TO PROVIDE THAT SCHOOL BUS DRIVERS MUST BE AT LEAST TWENTY-ONE YEARS OF AGE AND TO ALLOW PRESENT DRIVERS WHO ARE UNDER TWENTY-ONE YEARS OF AGE TO CONTINUE TO SERVE.
Referred to Committee on Education and Public Works.
S. 56 -- Senator Hayes: A BILL TO AMEND ACT 520 OF 1976, RELATING TO LEGISLATIVE MEMBERS OF STATE BOARDS AND COMMISSIONS, SO AS TO MAKE THE TERM OF LEGISLATIVE MEMBERS OF STATE BOARDS OR COMMISSIONS COTERMINOUS WITH THEIR TERM OF OFFICE IN THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
S. 148 -- Senators Theodore and Garrison: A BILL TO REPEAL SECTION 47-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF THE POULTRY PRODUCTS INSPECTION LAW TO DOMESTICATED RABBITS.
Referred to Committee on Agriculture and Natural Resources.
S. 298 -- Senator Bryan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LAKESIDE COUNTRY CLUB IN LAURENS COUNTY.
On motion of Laurens Delegation, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 300 -- Senator Bryan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LONG BRANCH COMMUNITY CENTER INC. IN LAURENS COUNTY.
On motion of Laurens Delegation, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 354 -- Senator Dennis: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BERKELEY COUNTY L. MENDEL RIVERS MEMORIAL ASSOCIATION IN BERKELEY COUNTY.
On motion of Rep. WILLIAMS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 368 -- Education Committee: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF THE TEACHER INCENTIVE PROGRAM, SO AS TO PROVIDE FOR THE CONTENT OF THE STATEWIDE PROGRAM IMPLEMENTED FOR SCHOOL YEAR 1987-88 AND TO CHANGE THE REFERENCE TO SCHOOL YEAR 1986-87 TO 1987-88.
Referred to Committee on Education and Public Works.
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 Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan 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 Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 18, 1987.
STATEMENTS OF ATTENDANCE
Rep. LEWIS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 10, 1987.
Rep. WALDROP signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 12, 1987.
Reps. HELMLY and EDWARDS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 17, 1987.
Reps. HARVIN, SHORT and STODDARD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 17, 1987.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Announcement was made that Fletcher C. Derrick, Jr., of Charleston is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 2119 -- Aiken Delegation: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1988.
The Aiken Delegation proposed the following Amendment No. 1 (Doc. No. 2191Y), which was rejected by a division vote of 2 to 2.
Amend the bill, as and if amended, by striking SECTION 2, page 4, and inserting:
/SECTION 2. (A) Terms of members of the Aiken County Board of Education are for four years and until their successors are elected and qualify, except to effect orderly transition and staggered terms, the initial election must be conducted as follows:
(1) Candidates from districts 2, 4, 6, and 8 must be elected in a special election to be conducted on the last Tuesday in August of 1987 for terms to expire when their successors are elected and qualify at the time of the general election in 1988. After the 1988 election, candidates from districts 2, 4, 6, and 8 must be elected for terms of four years.
(2) Candidates from districts 1, 3, 5, 7, and 9 must be elected in a special election to be conducted on the last Tuesday in August of 1987 for terms to expire when their successors are elected and qualify at the time of the general election in 1990. After the 1990 election, candidates from districts 1, 3, 5, 7, and 9 must be elected for terms of four years.
(B) A vacancy in the office of any member of the board must be filled for the remainder of the unexpired term at the next regular election or at a special election if the vacancy occurs one hundred eighty days or more prior to the next general election.
(C) The special election provided in subsection (A) must be conducted in accordance with the provisions of Sections 4 and 8 of Act 503 of 1982, mutatis mutandis, except as provided in this act./
Amend title to conform.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 2092Y), which was rejected.
Amend the bill, as and if amended, by striking SECTIONS 2 and 3, page 4, and inserting:
/SECTION 2. (A) In lieu of the school board elections for the 1986 general election which could not be held, there must be a special election for the purpose of selecting six members of the Aiken County Board of Education as follows:
(1) The date of the special election must be within ninety days from the date of the notification letter from the United States Department of Justice indicating that this enactment has received preclearance.
(2) Candidates from single-member districts 2, 5, 6, and 7, only, must be elected for terms which shall run until 1990 and shall expire after the 1990 general election upon the qualification and seating of those members having been then elected as successors in office to districts 2, 5, 6, and 7.
(3) In addition to the four seats provided for election in item (2), the two at-large seats which came up for reelection in 1986 must be elected and filled for terms which shall expire after the 1988 general election upon the qualification and seating of those newly elected members of the board of education elected from single-member districts, as provided in subsection (B).
(B) At the time of the 1988 general election, candidates for single-member districts 1, 3, 4, 8, and 9 must be elected for terms of four years. Their terms of office shall expire following the 1992 general election upon the qualification and seating of those then newly elected members who are their successors in office.
(C) Qualification for candidacy to any of the above-mentioned seats for the Aiken County Board of Education to be elected in the 1987 special election must be open for an announced period of at least thirty days, which period shall close no less than forty-five days prior to the election date.
(D) Any candidate who submitted petitions and qualified for the 1986 general election as an at-large candidate and who desires to change his candidacy to one for a single-member district in the 1987 special election, must be required to submit a new petition signed by qualified electors residing within that candidate's single-member district.
SECTION 3. Except as otherwise provided in this act, the term of office for a member of the Aiken County Board of Education must be for a period of four years and until such member's successor is elected and qualified.
SECTION 4. With regard to all future school board elections and except as specifically provided otherwise with regard to existing candidates for certain seats for the 1987 special election, all petition signatures for a prospective candidate for the Aiken County Board of Education must be obtained from qualified electors residing within the single-member district of that candidate.
SECTION 5. In the event a vacancy should occur with regard to any member of the Aiken County Board of Education, the remaining members of the board shall appoint a person to fill out the unexpired term caused by the vacancy, and, after the 1988 election when full transition to single-member districts has occurred, the person appointed to fill out the unexpired term must be a resident of the single-member district in which the board member's vacancy occurs.
SECTION 6. This act is intended to confirm and restate Section 1 of the act dated May 23, 1986, which has been precleared by the United States Justice Department. Any remaining provisions of the act, as well as any provision of Act 503 of 1982 which may be inconsistent herewith, is repealed and superseded by this act.
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HUFF moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 2 to 2.
The question then recurred to the adoption of the amendment, which was not agreed to by a division vote of 2 to 3.
The Aiken Delegation proposed the following Amendment No. 3 (Doc. No. 2194Y), which was adopted by a division vote of 4 to 0.
Amend the bill, as and if amended, by striking SECTION 2, page 4, and inserting:
/SECTION 2. (A) Terms of members of the Aiken County Board of Education are for four years and until their successors are elected and qualify, except to effect orderly transition and staggered terms, the initial election must be conducted as follows:
(1) Candidates from districts 1, 4, 8, and 9 must be elected in a special election to be conducted on the last Tuesday in August of 1987 for terms to expire when their successors are elected and qualify at the time of the general election in 1988. After the 1988 election, candidates from districts 1, 4, 8, and 9 must be elected for terms of four years.
(2) Candidates from districts 2, 3, 5, 6, and 7 must be elected in a special election to be conducted on the last Tuesday in August of 1987 for terms to expire when their successors are elected and qualify at the time of the general election in 1990. After the 1990 election, candidates from districts 2, 3, 5, 6, and 7 must be elected for terms of four years.
(B) A vacancy in the office of any member of the board must be filled for the remainder of the unexpired term at the next regular election or at a special election if the vacancy occurs one hundred eighty days or more prior to the next general election.
(C) The special election provided in subsection (A) must be conducted in accordance with the provisions of Sections 4 and 8 of Act 503 of 1982, mutatis mutandis, except as provided in this act./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-840.
Rep. P. HARRIS explained the Bill.
Reps. J. BRADLEY, KLAPMAN, R. BROWN and KOHN objected to the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 explained the Bill.
Rep. J. BRADLEY moved to adjourn debate upon the Bill, which was rejected.
Reps. J. BRADLEY, KOHN and HOLT objected to the Bill.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. RUDNICK having the floor.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 17, 1987, by the Committee on Judiciary.
Rep. RUDNICK continued speaking.
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. 2083 -- Reps. Rice, Mattos, Fair and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY TO CHANGE THE SIZE OR MANNER IN WHICH MEMBERS OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT ARE SELECTED IF REQUESTED BY RESOLUTION OF THE DISTRICT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1620Y), which was adopted.
Amend the bill, as and if amended, in Section 4-9-81, as contained in SECTION 1, line 11, by striking /shall/ and inserting /may/ so that when amended Section 4-9-81 shall read:
/Section 4-9-81. When any public service district, special purpose district, water and sewer authority, or other political subdivision is providing any service or function that is or could be provided by the governing body of a county within which it is wholly located, its governing body by resolution directed to the county council may request a change in the size or manner in which members of its governing body are selected. Upon receipt of a resolution, the county council may by ordinance effect only such changes as are requested by the governing body in its resolution, and the county council action has the full force and effect of law from the effective date of the ordinance./
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO CHANGE THE SIZE OR MANNER IN WHICH MEMBERS OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT ARE SELECTED IF REQUESTED BY RESOLUTION OF THE DISTRICT./
Rep. RICE proposed the following Amendment No. 2 (Doc. No. 2151Y).
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 4-9-81. (A) The governing body of any special purpose or public service district, water and sewer authority, or other political subdivision which is elected may provide by resolution for an increase in the size of its governing body. The governing body may not reduce the number of members on its governing body which is serving on January 1, 1987.
(B) The resolution is effective only after approval by a majority of the qualified electors in the district voting in a referendum.
(C) The referendum may be called by resolution of the governing body of the district or by a fifteen percent petition of the qualified electors of the district presented to the county election commission. None of the signatures on the petition may be older than six months. The county election commission must call a referendum not later than ninety nor earlier than thirty days after district action or receipt of the petition.
(D) Notice of the referendum must be published in a newspaper of general circulation in the district at least thirty days prior to the referendum.
(E) If the results of the referendum are favorable, the governing body of the district shall call for a special election or an election to be conducted at the time of the general election to elect additional members of the governing body as provided in the resolution as authorized in subsection (A).
(F) The terms of office of any additional members must be established by the governing body of the district so that they are staggered, if the terms of the existing members of the district are staggered. The terms of any members elected under the provisions of this section must be the same length as those members serving on the governing body at the time the election is held, except as provided in this section, in order to stagger the terms.
(G) All costs associated with conducting the referendum or election, or both, provided for in this section must be borne by the affected district."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT WHICH ELECTS ITS MEMBERS TO PROVIDE BY RESOLUTION FOR AN INCREASE IN THE NUMBER OF THE GOVERNING BODY AFTER APPROVAL BY A MAJORITY OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT VOTING IN A REFERENDUM PROVIDE A METHOD FOR INITIATING THE REFERENDUM, AND PROVIDE FOR THE CALLING OF AN ELECTION AFTER A FAVORABLE REFERENDUM TO ELECT ADDITIONAL MEMBERS OF THE DISTRICT, PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS, AND REQUIRE THE DISTRICT TO ASSUME ALL COSTS ASSOCIATED WITH CONDUCTING THE REFERENDUM OR ELECTION, OR BOTH./
Rep. RICE explained the amendment.
Reps. J. BRADLEY, HOLT and FOXWORTH objected to the Bill.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 17, 1987, by the Committee on Labor, Commerce, and Industry.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.
H. 2124 -- Rep. Aydlette: A BILL TO AMEND SECTION 38-37-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION 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.
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.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1995Y), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Article 1, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-375. Every property or casualty insurance company transacting business in this State shall at all times maintain in the State at least one resident adjuster who is a full-time employee of the company for the purpose of investigation and settlement of claims. The name, current address, and current telephone number of the adjuster so employed must be maintained on file with the Chief Insurance Commissioner by the company which information must be available to the public. Any change in the name, address, or telephone number of the adjuster must be reported to the Commissioner by the insurance company within thirty days.
Failure to maintain the adjuster on file as required herein is grounds for the Chief Insurance Commissioner to revoke the company's authorization to do business in this State."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.
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.
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.
Reps. J. BRADLEY, KLAPMAN, FOXWORTH, TAYLOR and HOLT objected to the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
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.
Reps. KLAPMAN, FOXWORTH, MAPPUS, WHITE, FABER and McBRIDE objected to the Bill.
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. J. BRADLEY moved to adjourn debate upon the Bill until Wednesday, March 4, 1987.
Rep. McTEER raised the Point of Order that the motion to adjourn debate was out of order as it violated Code Section 4-5-220, which states, "The General Assembly upon receipt of the certified returns shall as soon as practicable alter the county line or lines in accordance with the request or petition if two-thirds of the qualified electors voting on the question in the area to be transferred vote in favor of such transfer and if a majority of the qualified electors voting in the county to which the transfer is proposed vote in favor of such transfer, provided that all the constitutional requirements for the alteration of county lines have been complied with, all of which shall be determined by the General Assembly. The annexation shall then become effective." He based his Point on the fact that the statute states that the alteration shall take place as soon as practicable, which would preclude the House from adjourning debate on the Bill effecting the annexation.
The SPEAKER overruled the Point of Order.
Rep. J. BRADLEY then withdrew his motion to adjourn debate on the Bill.
Rep. J. BRADLEY moved to recommit the Bill to the Committee on Judiciary.
Rep. McTEER inquired if the motion to recommit the Bill was debatable.
The SPEAKER replied in the negative.
Rep. McTEER then raised the Point of Order that the motion to recommit was out of order, based on Code Section 4-5-220.
The SPEAKER overruled the Point of Order.
Rep. GREGORY moved to table the motion to recommit the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Baker Baxley Beasley Bennett Blackwell Boan Chamblee Clyborne Edwards Fair Gregory Harvin Haskins Hawkins Huff Johnson, J.W. Jones Kay Keyserling Lewis Martin, L. Mattos McCain McEachin McLellan McTeer Nettles Pearce Phillips, L. Phillips, O. Rice Rudnick Sharpe Shelton Short Simpson Townsend Wilder Wilkins
Those who voted in the negative are:
Aydlette Barfield Bradley, J. Brown, J. Dangerfield Davenport Elliott Ferguson Foxworth Gilbert Holt Klapman Kohn Koon Mappus Martin, D. Waldrop Washington Whipper Winstead
So, the motion to table was agreed to.
Rep. J. BRADLEY moved to adjourn debate upon the Bill until Wednesday, March 4, 1987.
Rep. GREGORY moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, K. Baker Baxley Beasley Bennett Blackwell Boan Clyborne Cooper Edwards Elliott Fair Gentry Gregory Harvin Haskins Hawkins Hodges Johnson, J.W. Keyserling Kirsh Lewis McCain McEachin McLellan McTeer Petty Phillips, L. Shelton Short Simpson Wilder
Those who voted in the negative are:
Aydlette Barfield Bradley, J. Bradley, P. Brown, J. Dangerfield Davenport Faber Ferguson Foxworth Holt Kohn Mappus Martin, D. McBride Rice Waldrop Washington Whipper White Winstead
So, the motion to table was agreed to.
Rep. GREGORY moved to adjourn debate upon the Bill.
Rep. J. BRADLEY moved to table the motion which was not agreed to by a division vote of 16 to 21.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. BEASLEY moved that the House recur to the morning hour.
Rep. FELDER inquired if the motion to recur to the morning hour was adopted, would the House be back in the uncontested period of the Calendar.
The SPEAKER replied in the affirmative.
Rep. FELDER moved to table the motion which was agreed to.
Rep. AYDLETTE 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. WINSTEAD.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 12, 1987, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
The amendment was then adopted by a division vote of 50 to 7.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 2090Y), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by striking lines 26-32, as contained on page (A-2), in their entirety.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.
The SPEAKER stated it was germane, and he overruled the Point of Order.
Rep. WILKINS continued speaking.
Rep. J.C. JOHNSON spoke in favor of the amendment. Rep. WILKINS moved to table the amendment. Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Baxley Beasley Brown, H. Brown, R. Burriss, M.D. Chamblee Clyborne Cooper Corning Day Derrick Elliott Fair Foster Foxworth Gentry Harvin Haskins Hawkins Hayes Helmly Hodges Holt Huff Johnson, J.W. Jones Kay Kirsh Lewis Limehouse Mappus Martin, D. Martin, L. McCain McEachin McGinnis McLellan McLeod, J.W. Moss Ogburn Pearce Petty Phillips, L. Phillips, O. Rogers, T. Russell Sharpe Sheheen Simpson Thrailkill Toal Tucker Waldrop Wilder Wilkins Williams
Those who voted in the negative are:
Baker Blanding Brown, J. Davenport Faber Ferguson Gilbert Gregory Keyserling Koon Lockemy McAbee McBride McElveen McLeod, E.B. McTeer Neilson Nesbitt Rice Rudnick Short Sturkie Taylor Washington Whipper White
So, the amendment was tabled.
Rep. GREGORY moved to table the Bill which was not agreed to by a division vote of 31 to 43.
Rep. BEASLEY proposed the following Amendment No. 3 (Doc. No. 2248Y), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by striking lines 24 through 44 on page (A-1), lines 1 through 45 on page (A-2), and lines 1 through 3 on page A-3 and inserting:
/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 56-5-2935. When a law enforcement officer has reasonable grounds to believe that a motor vehicle operator is violating or has violated Section 56-5-2930, or the operator has been involved in a motor vehicle collision resulting in injury or death, the officer may request the operator to provide a sample of the operator's breath for a preliminary screening test using a device approved by the South Carolina Law Enforcement Division (SLED) for that purpose. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to request a chemical test authorized in this chapter but may not be used in any court action except to prove that a chemical test was properly requested of a person pursuant to this chapter."
SECTION 2. Section 56-5-2950 of the 1976 Code is amended to read:
"Section 56-5-2950. (a) Any person who operates a motor vehicle upon the public highways of in this State shall be deemed is considered to have given consent to a chemical test tests of his breath, urine, and blood for the purpose of determining the presence of alcoholic alcohol and other drugs content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving operating a motor vehicle while under the influence of intoxicating liquor alcohol, drugs, or a combination of them. The Any test shall must be administered at the direction of a law enforcement officer who has apprehended a person defendant while driving for operating a motor vehicle upon the public highways of in this State while under the influence of intoxicating liquor alcohol, drugs, or a combination of them. At the direction of the arresting officer the defendant must first be given a breath test to determine the alcohol concentration of his blood. If the officer has reasonable grounds to believe that the defendant is under the influence of other drugs, or if the defendant is physically unable to provide an adequate breath sample, the officer may order a urine or blood sample be taken for testing and the defendant is considered to have given his consent. The officer may choose either a blood or urine sample to determine drug content. The breath test shall must be administered by a person trained and certified by the South Carolina Law Enforcement Division SLED, using methods approved by the South Carolina Law Enforcement Division SLED. The arresting officer shall may not administer the test. Urine and blood samples must be obtained and handled in accordance with procedures approved by SLED. and no such No test tests shall may be administered or samples taken unless the defendant has been informed that he does not have to take the test or give the samples but that his privilege to drive will must be suspended or denied for one hundred twenty days if he refuses to submit to the test tests.
No person shall be required to submit to more than one test for any one offense for which he has been charged and the test shall be administered as soon as practicable without undue delay.
The person defendant tested or giving samples for testing may have a physician, qualified technician, chemist, registered nurse or other qualified person of his own choosing conduct a test or additional tests at his expense in addition to the test administered by the law-enforcement officer. The failure or inability of the person defendant tested to obtain an additional test tests shall does not preclude the admission of evidence relating to the test tests or samples taken at the direction of the law enforcement agency or officer.
The arresting officer or the person conducting the chemical test of the person apprehended shall promptly assist that person provide reasonable assistance to the defendant to contact a qualified person to conduct additional tests.
The South Carolina Law Enforcement Division SLED shall administer the provisions of this subsection and may make such rules and regulations as may be necessary to carry out the its provisions of this subsection. The Department of Health and Environmental Control shall cooperate with the Division in carrying out its duties. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed at the time of sentencing persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 56-5-2930. This fee must be forwarded by the clerk of court to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or administration of tests in accordance with this section is released from civil and criminal liability unless the obtaining of samples or tests is performed in a grossly negligent manner. This release also applies to the employer of the person who conducts the test. A qualified person requested by an arresting officer to obtain a sample may refuse to do so if in his professional opinion the procedure would be detrimental to the health of the defendant.
(b) In any criminal prosecution for the violation of Section 56-5-2930 relating to driving operating a vehicle under the influence of intoxicating liquor alcohol, the amount of alcohol in the defendant's blood at the time of the alleged violation, as shown by chemical analysis of the defendant's breath, blood, or urine, shall give gives rise to the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the defendant's blood, it shall be is conclusively presumed that the defendant was not under the influence of intoxicating liquor alcohol;
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the defendant's blood, such that fact shall does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor alcohol, but such that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; and
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the defendant's blood, it shall be is presumed that the defendant was under the influence of intoxicating liquor alcohol.
The provisions of this section shall may not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor alcohol, drugs, or a combination of them.
(c) Any person who is unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed is considered not to have withdrawn the consent provided by subsection (a) of this section.
(d) If a person defendant under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical test tests as provided in subsection (a) of this section, none shall must be given, but the State Highway South Carolina Department of Highways and Public Transportation, upon the receipt on the basis of a sworn report of the law enforcement officer that the arrested person had been driving was operating a motor vehicle upon the public highways of in this State while under the influence of intoxicating liquor alcohol, drugs, or a combination of them and that the person had refused to submit to the test tests and such refusal was witnessed and certified to on the sworn report by a person, other than the arresting officer, trained and certified by the South Carolina Law Enforcement Division to administer such test, shall suspend his license or permit to drive, or any nonresident operating privilege for a period of ninety one hundred twenty days. If the person is a resident without a license or permit to operate a motor vehicle in this State, the South Carolina Highway Department of Highways and Public Transportation shall deny to the person the issuance of a license or permit for a period of ninety one hundred twenty days after the date of the alleged violation. The ninety-day one hundred twenty-day period of suspension shall begin begins with the day after the date of the notice hereinafter required to be given, unless a hearing be is requested as hereinafter provided, in which case the ninety-day one hundred twenty-day period shall begin begins with the day after the date of the order sustaining the suspension or denial of issuance. The sworn report of the arresting officer shall include what grounds he had for believing that the arrested person had been driving upon the public highways of operating a motor vehicle in this State while under the influence of intoxicating liquor alcohol, drugs, or a combination of them.
If a defendant under arrest, upon the request of a law enforcement officer, submits to a breath test as provided in subsection (a), and the test results one-hundredths of one percent or greater by weight of alcohol, the department, on the basis of a report of the law enforcement officer that the person had been operating a motor vehicle in this State under the influence of alcohol, drugs, or a combination of them and that the person submitted to a breath test and test results indicated a blood alcohol concentration of fifteen one-hundredths of one Percent or greater by weight of alcohol, shall suspend his license or permit to drive or any nonresident operating privilege for a period of ninety days.
If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for a period of ninety days after the alleged violation.
(e) Upon suspending the license or permit to drive or nonresident operating privilege of any person, or upon determining that the issuance of a license or permit shall be denied to the person, as hereinbefore in this section directed, the South Carolina Highway Department shall immediately notify the person in writing and upon his request shall afford him an opportunity for a hearing as provided by Section 56-1-370, except that the scope of such a hearing for the purposes of this section shall be limited to the issues, whether the person was placed under arrest, whether the person had been informed that he did not have to take the test but that his privilege to drive would be suspended or denied if he refused to submit to the test, and whether he refused to submit to the test upon request of the officer. The South Carolina Highway Department shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.
The arresting officer, acting as an agent for the department, shall serve an immediate notice and order of suspension on a person who refuses to submit to chemical testing or on a person who submits to a breath test the results of which indicate a blood alcohol concentration of fifteen one-hundredths of one percent or greater by weight of alcohol. The law enforcement officer shall take immediate possession of any license or permit issued by the department and the notice and order of suspension which he issues shall serve as a temporary license effective for ten days.
A copy of the completed notice and order of suspension form and the driver's license taken into possession must be forwarded within two working days to the department by the officer along with a copy of the report.
The notice and order of suspension becomes effective upon issuance by the law enforcement officer. The suspension period begins ten days after the issuance of the notice and order of suspension. The notice and order of suspension shall advise the defendant of the right to obtain an administrative review as provided in this section.
(f) Within ten days of the issuance of the order of suspension, a person whose license has been suspended pursuant to the provision of this section may request in writing a review by the department. The department shall afford the person a review as early as practicable within fifteen days of receipt of the written request, in the county in which the arrest occurred, unless the department and the person agree that the review may be held in another county. If a written request is not received within ten days of the issuance of the notice and order of suspension, the right to a hearing is waived and the determination of the department which is based on the arresting officer's report becomes final. A request for an administrative review does not stay the beginning date of the suspension period.
The Administrative Procedures Act does not apply to the procedures under this subsection.
The sole issues to be considered in an administrative review on the refusal to take the chemical tests must be limited to: (i) whether the person was placed under arrest; (ii) whether the person was informed that he did not have to take the tests, but that his privilege to drive would be suspended or denied if he refused to submit to the tests; and (iii) whether the person refused to submit to the tests upon request of the arresting officer.
The sole issues to be considered in administrative review on the operation of a motor vehicle while the person's blood alcohol concentration was fifteen one-hundredths of one percent or greater is limited to: (i) whether the person was placed under arrest; (ii) whether the person was advised of the consequences of registering a blood alcohol concentration of fifteen one-hundredths of one percent or greater; (iii) whether the person registered a blood alcohol content of fifteen one-hundredths of one percent or greater; (iv) whether the operator was certified; and (v) whether the measurement instrument was calibrated.
The department shall order that the suspension, or determination that there should be a denial of issuance, either be rescinded or sustained.
The decision of the presiding hearing officer must be rendered in writing and a copy must be provided to the person who requested the hearing.
If the person requesting the hearing fails to appear without must cause, the right to a hearing is waived and the determination of the department which is based upon the arresting officer's report becomes final.
The Administrative Procedures Act applies to this section as it relates to judicial review.
(g) (f) When it has been is finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this State has been suspended, the South Carolina Highway Department department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license.
(h) (g) The Any person conducting the chemical test for the law-enforcement officer shall record in writing required to submit to tests by the arresting officer must be provided with a written report including the time of arrest, the time of the test, and the results of the test, a copy of which shall be furnished to the person tested or his attorney prior to any trial or other proceedings in which the results of the test are used as evidence, and. any Any person administering any additional a test or tests at the request of the defendant shall record in writing the time, type method, and results of the test or tests and promptly furnish a copy thereof to the arresting officer prior to any trial or other proceedings in which the results of the test are used as evidence.
(i) (h) Any person whose driver's license or permit is suspended for failure to take the test tests required by this section and who is not convicted of driving operating a vehicle under the influence of intoxicating liquor alcohol, drugs, or a combination of them shall is not be required to file proof of insurance as required by under the Financial Responsibility Act and no record of such the suspension shall may be shown on any of his records."
SECTION 3. Any action occurring prior to the effective date of this act is not affected by the provisions of this act.
SECTION 4. This act takes effect six months after approval by the Governor./
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. GREGORY raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.
The SPEAKER stated it was germane, and he overruled the Point of Order.
Rep. BEASLEY continued speaking and moved to table the amendment, which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 4:
Amend as and if amended, on line 30, p.A-2, delete the word grossly.
Rep. LOCKEMY explained the amendment.
Rep. J.C. JOHNSON spoke in favor of the amendment.
Rep. TOAL spoke against the amendment.
Rep. GREGORY spoke in favor of the amendment.
Rep. FOXWORTH moved to reconsider the vote whereby H. 2296 was given a third reading and the motion was noted.
Rep. GREGORY continued speaking.
Rep. LOCKEMY spoke in favor of the amendment.
Rep. J. BRADLEY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 4.
The Senate returned to the House with concurrence the following:
H. 2474 -- Reps. T. Rogers and Hearn: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF WILLIAM J. KAURIC OF COLUMBIA IN RICHLAND COUNTY, WHO DIED FEBRUARY 10, 1987.
H. 2475 -- Reps. M.D. Burriss, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO SALUTE THE NATIONAL GUARD WHICH MARKED ITS 350TH ANNIVERSARY IN 1986 AND TO RECOGNIZE AND COMMEND THE CITIZEN SOLDIERS OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR UNSELFISH, DYNAMIC SERVICE AND FOR THEIR CONSTANT VIGIL IN DEFENSE OF THE FREEDOM OF THE PALMETTO STATE AND OF THESE UNITED STATES.
H. 2477 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE DR. J. N. LIPSCOMB UPON HIS INDUCTION INTO THE CHEROKEE COUNTY CHAMBER OF COMMERCE HALL OF FAME.
H. 2478 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE GUY PITTMAN MEREDITH, SR., UPON BEING SELECTED AS THE RECIPIENT OF THE PRESTIGIOUS "SERVICE TO MANKIND" AWARD BY THE CHEROKEE SERTOMA CLUB AND TO WISH HIM EVERY SUCCESS AS HE COMPETES FOR STATE, REGIONAL, AND INTERNATIONAL SERTOMA AWARDS.
At 4:10 P.M. the House in accordance with the motion of Rep. J. BRADLEY adjourned to meet at 10:00 A.M. tomorrow.
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