Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty and ever-present God, the Source of all wisdom and the Giver of all good blessings, show us who we are, what we ought to be and what we ought to do. Take away our spiritual deadness, our insensitivity to others, our blindness to the light of Your truth, our deafness to Your still small voice. Keep our goals clear, our hearts pure, our efforts determined, and grant us the ability to match great needs with great deeds. Store our minds with Your truths and our hearts with Your love that we may be calm in crisis, strong under stress, triumphant in trial, ever guided by Your wisdom that never fails.
This we pray in Your holy Name. 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.
The Report of The Workers' Compensation Study and Review Committee and The Governor's Advisory Committee for the Improvement of Workers' Compensation Laws was received and will be printed in the Senate Journal on Friday, February 27, 1987.
Received as information.
Rep. KEYSERLING, from the Beaufort Delegation, submitted a favorable report, on:
S. 271 -- Senator Waddell: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO PROVIDE A JURY AREA FOR THE DAUFUSKIE ISLAND MAGISTERIAL DISTRICT AND TO REVISE THE JURY AREA OF THE BLUFFTON MAGISTERIAL DISTRICT.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 442 -- Senator Hinson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA PARKS, RECREATION AND TOURISM COMMISSION TO NAME THE NEW AMPHITHEATER AT THE ANDREW JACKSON STATE PARK IN HONOR OF JOSEPH H. CROXTON.
The Concurrent Resolution was ordered referred to the Lancaster Delegation.
The following was introduced:
H. 2546 -- Reps. G. Bailey and Day: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS DOUGLAS EDWARD TUTEN UPON BEING SELECTED AS THE TROOPER OF THE YEAR FOR PATROL DISTRICT SIX AND NOMINATED FOR STATEWIDE TROOPER OF THE YEAR, AND COMMENDING HIM FOR HIS OUTSTANDING SERVICE AND DEVOTION TO DUTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2565 -- Rep. Evatt : A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA FOR ITS COMMITMENT TO THE FUTURE WELL-BEING OF SOUTH CAROLINA AND ITS CITIZENS THROUGH ITS SPONSORSHIP OF MANY WORTHWHILE LOCAL AND STATEWIDE ENDEAVORS BENEFITING THE GENERAL PUBLIC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 2547 -- Reps. White, Rudnick, P. Bradley, Washington and Whipper: A BILL TO AMEND SECTION 56-5-4450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO REQUIRE THAT A VEHICLE DISPLAY LIGHTS WHENEVER THE VEHICLE IS OPERATED IN AN ENVIRONMENT THAT LIMITS VISIBILITY DUE TO SMOKE, DUST, FOG, RAIN, SNOW, OR OTHER PRECIPITATION; AND TO PROVIDE THAT, FOR A CERTAIN PERIOD, ANY PERSON WHO FAILS TO DISPLAY THE LIGHTS WHEN REQUIRED BY SECTION 56-5-4450 DUE TO SMOKE, DUST, FOG, RAIN, SNOW, OR OTHER PRECIPITATION MAY BE ISSUED A WARNING TICKET.
Referred to Committee on Education and Public Works.
H. 2548 -- Rep. Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 41 SO AS TO CREATE A BOARD OF BOILER RULES TO PROVIDE FOR THE SAFE AND PROPER CONSTRUCTION, INSTALLATION, REPAIR, USE, AND OPERATION OF BOILERS; TO PROVIDE FOR THE ENFORCEMENT OF THE REGULATIONS PROMULGATED BY THE BOARD OF BOILER RULES; TO PROVIDE FOR THE EXAMINATION AND APPOINTMENT OF BOILER INSPECTORS; TO PROVIDE FOR THE INSPECTION OF BOILERS, THE FEES TO BE CHARGED, AND THE REPORTS TO BE MADE; TO PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; TO PROVIDE FOR THE LICENSING OF BOILER AND PRESSURE VESSEL ERECTORS AND BOILER AND PRESSURE VESSEL REPAIR CONTRACTORS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 2549 -- Reps. McEachin, Keyserling and J.W. Johnson: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ONLY ADJUSTED DOWNWARDLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARING ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Referred to Committee on Judiciary.
H. 2550 -- Reps. McEachin, Keyserling and J.W. Johnson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY, AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 2551 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-150 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF EARLY RETIREMENT PLANS BY PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
Referred to Committee on Ways and Means.
H. 2552 -- Reps. Tucker, Wilkins, J.W. Johnson and Huff: A BILL TO AMEND ARTICLE 1 OF CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON AND HOMICIDE, BY ADDING SECTION 16-3-80 SO AS TO MAKE IT A FELONY OFFENSE UNLAWFULLY TO ADMINISTER TO, TO ATTEMPT TO ADMINISTER TO, TO AID OR ASSIST IN ADMINISTERING TO, TO DISTRIBUTE TO, OR TO CAUSE TO BE TAKEN BY ANY PERSON ANY UNLAWFUL CONTROLLED SUBSTANCE OR ANY UNLAWFUL COUNTERFEIT SUBSTANCE AS SPECIFIED IN SECTION 44-53-370, WHICH RESULTS IN THE DEATH OF THAT PERSON, OR TO COUNSEL, AID, OR ABET SUCH OFFENDER, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIMES CONTAINED IN SECTION 16-3-80.
Referred to Committee on Judiciary.
H. 2553 -- Reps. Chamblee, J. Brown, M.D. Burriss and Waldrop: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS, PAPERS, AND RECORDS REQUIRED TO BE KEPT BY THE CLERK OF COURT, BY ADDING SECTION 14-17-610 SO AS TO REQUIRE THE CLERK OF COURT TO ATTACH A COPY OF THE ARREST AND INCIDENT REPORTS AND THE PRESENTENCE INVESTIGATION REPORT, IF ANY, TO A PRISONER'S COMMITMENT PAPERS AND REQUIRE THAT THE ATTACHMENT OF THESE REPORTS TO THE COMMITMENT PAPERS IS A CONDITION OF ACCEPTING CUSTODY OF A PRISONER BY THE DEPARTMENT OF CORRECTIONS.
Referred to Committee on Judiciary.
H. 2554 -- Reps. Limehouse, Hodges, Mappus, Holt, Russell, Foxworth, Winstead, Davenport, Beasley, J.C. Johnson and D. Martin: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 80 SO AS TO PROVIDE CIVIL IMMUNITY FROM LIABILITY TO CERTAIN VOLUNTEER ATHLETIC COACHES AND OFFICIALS.
Referred to Committee on Judiciary.
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Without reference.
H. 2556 -- Reps. M.O. Alexander, Sheheen, Foxworth, Mattos, Rice, Nesbitt, J.W. Johnson, Baker, Hayes, Hodges, Wilkins, McLellan, Klapman, P. Bradley, Clyborne, T.C. Alexander, McCain, Dangerfield, Ogburn, Fair and Derrick: A BILL TO AMEND SECTION 55-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN OWNER'S, LESSEE'S, OR OPERATOR'S LIABILITY FOR DAMAGES CAUSED BY HIS AIRCRAFT, SO AS TO PROVIDE THAT WHERE AN AIRCRAFT IS STOLEN FROM THE OWNER OR LESSEE, THE OWNER OR LESSEE IS NOT LIABLE FOR ANY INJURIES OR DAMAGES RESULTING FROM THIS UNAUTHORIZED USE.
Referred to Committee on Judiciary.
H. 2557 -- Reps. Kirsh and Hayes: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL -IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930; AND TO PROVIDE A TRANSITION PERIOD FOR THE REDUCTION OF THE PERCENTAGE.
Referred to Committee on Judiciary.
H. 2558 -- Rep. McEachin: A BILL TO AMEND SECTION 33-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED APPROVAL BY THE SHERIFF OF A NONPROFIT CORPORATION'S DECLARATION OF INTENT TO INCORPORATE, SO AS TO PROVIDE THAT THE SHERIFF MAY DISAPPROVE THESE DECLARATIONS FOR CAUSE AND MUST STATE HIS REASONS FOR THE DISAPPROVAL IN WRITING TO THE APPLICANT, AND TO PROVIDE THAT THIS DISAPPROVAL MAY BE APPEALED BY THE APPLICANT TO THE CIRCUIT COURT.
Referred to Committee on Judiciary.
H. 2559 -- Rep. Kirsh: A BILL TO AMEND SECTION 5-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE MANAGER UNDER THE COUNCIL-MANAGER FORM OF MUNICIPAL GOVERNMENT TO RECOMMEND TO THE COUNCIL THE CREATION, CHANGE, OR ABOLISHMENT OF OFFICES, DEPARTMENTS, OR AGENCIES OF MUNICIPAL GOVERNMENT, SO AS TO DELETE THE AUTHORITY OF THE MANAGER TO MAKE RECOMMENDATIONS IN THESE MATTERS AND PROVIDE THAT THE COUNCIL MAY ACCOMPLISH THESE MATTERS AFTER DISCUSSING ANY CHANGES WITH THE MANAGER.
Referred to Committee on Judiciary.
H. 2560 -- Rep. Kirsh: A BILL TO AMEND SECTION 5- 13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE MANAGER UNDER THE COUNCIL-MANAGER FORM OF MUNICIPAL GOVERNMENT TO DESIGNATE A QUALIFIED MUNICIPAL ADMINISTRATIVE OFFICER TO EXERCISE THE POWERS AND DUTIES OF THE MANAGER DURING HIS TEMPORARY ABSENCE OR DISABILITY, SO AS TO AUTHORIZE THE COUNCIL INSTEAD OF THE MANAGER TO DESIGNATE THIS INDIVIDUAL.
Referred to Committee on Judiciary.
H. 2561 -- Rep. Kirsh: A BILL TO AMEND SECTION 5-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE MUNICIPAL COUNCIL UNDER THE COUNCIL-MANAGER FORM OF MUNICIPAL GOVERNMENT, SO AS TO DELETE THE AUTHORITY OF THE MANAGER TO APPROVE THE ESTABLISHMENT OF ADMINISTRATIVE DEPARTMENTS AND ASSIGN AND DISTRIBUTE WORK OF THE DEPARTMENT AND PROVIDE THAT THE MANAGER UNDER THE COUNCIL-MANAGER FORM OF MUNICIPAL GOVERNMENT BE GIVEN THE OPPORTUNITY TO COMMENT ON THE PROPOSAL, AND DELETE THE AUTHORITY OF THE MANAGER TO APPOINT ALL COMMITTEES, BOARDS, AND COMMISSIONS RELATING TO AFFAIRS OF MUNICIPAL GOVERNMENT AND AUTHORIZE THE MANAGER TO MAKE RECOMMENDATIONS ON THESE MATTERS.
Referred to Committee on Judiciary.
H. 2562 -- Rep. Kirsh: A BILL TO AMEND SECTION 5-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND DUTIES OF THE MUNICIPAL CLERK, SO AS TO DELETE THE AUTHORITY OF THE CITY MANAGER UNDER THE COUNCIL MANAGER FORM OF MUNICIPAL GOVERNMENT TO APPOINT THE CLERK.
Referred to Committee on Judiciary.
H. 2563 -- Rep. Gentry: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-530 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY DISCHARGE A WEAPON ACROSS A PUBLIC ROAD, AND PROVIDE A PENALTY FOR VIOLATION AND TO EXEMPT FROM THE PROVISIONS OF THIS SECTION ANY LAW ENFORCEMENT OFFICER IN THE LAWFUL EXERCISE OF HIS OFFICIAL DUTIES.
Referred to Committee on Judiciary.
H. 2564 -- Rep. Evatt: A BILL TO AMEND SECTIONS 12-37-2610, 12-37-2650, AND 12-37-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAXES ON MOTOR VEHICLES, SO AS TO PERMIT MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN TO PAY THEIR TAXES QUARTERLY.
Referred to Committee on Ways and Means.
S. 46 -- Senator McLeod: 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.
On motion of Rep. GREGORY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 256 -- Senators Thomas E. Smith, Jr., Hayes and Bryan: 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.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 425 -- Education Committee: A BILL TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION.
Referred to Committee on Education and Public Works.
S. 426 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE FROM NOVEMBER FIRST TO FEBRUARY FIRST THE DATE THE BASIC SKILLS ADVISORY COMMISSION AND THE STATE BOARD OF EDUCATION SHALL REPORT TO THE SELECT COMMITTEE ON AN ANALYSIS OF TEST SCORES AND DATA FOR THE PRECEDING SCHOOL YEAR.
Referred to Committee on Education and Public Works.
S. 427 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO INCREASE THE REQUIRED LEVEL OF IMPROVEMENT OF THE AVERAGE READING AND MATHEMATICS TEST SCORES OF STUDENTS IN THESE COMPENSATORY EDUCATION PROGRAMS.
Referred to Committee on Education and Public Works.
S. 428 -- Education Committee: A BILL TO AMEND SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.
Referred to Committee on Education and Public Works.
S. 433 -- Education Committee: A BILL TO AMEND SECTION 59-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR EVALUATING QUALITY OF EDUCATION, THE REVIEW COMMITTEE, AND IMPLEMENTATION OF RECOMMENDATIONS BY SCHOOL DISTRICTS, SO AS TO CHANGE THE REFERENCE TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM.
Referred to Committee on Education and Public Works.
S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.
Referred to Committee on Education and Public Works.
S. 436 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR TAKING SHRIMP BY SEINES OR CAST NETS, SO AS TO CHANGE THE LIMITS FROM HOUSEHOLDS TO BOATS AND TO REDUCE THE LIMITS FROM FIFTY QUARTS A DAY TO FORTY QUARTS FOR WHOLE SHRIMP AND FROM THIRTY QUARTS OF HEADED SHRIMP TO TWENTY-FIVE QUARTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
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 Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kirsh Klapman Kohn 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 Pearce Petty Phillips, L. Phillips, O. Rice Rogers, T. Rudnick Sheheen Simpson Stoddard Sturkie Taylor Thrailkill 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 26, 1987.
Thomas N. Rhoad Jean L. Harris John J. Snow, Jr. William H. Jones Robert B. Brown Robert Kay Harriet Keyserling John Felder E. Crosby Lewis T.W. Edwards, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. OGBURN a leave of absence for the day due to state business.
The SPEAKER granted Rep. BAXLEY a leave of absence for the day to appear in Federal Court.
The SPEAKER granted Reps. TOAL and SHORT a leave of absence for the day.
The SPEAKER granted Rep. J.H. BURRISS a leave of absence for the day due to illness.
Announcement was made that John P. Evans of Greenville is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
H. 2472 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROMOTION POLICY, DESIGNATED AS REGULATION DOCUMENT NUMBER 724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
H. 2130 -- Reps. Hayes, Fair and Hearn: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ENTER INTO THE DRIVER LICENSE COMPACT.
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.
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.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until S. 402 was taken up, which was adopted.
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.
The following Bill was taken up.
H. 2064 -- Rep. Kirsh: A BILL TO AMEND SECTION 57-1-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ALL EXPENSES PAID BY THE DEPARTMENT TO IMPLEMENT THE DEDICATION OF A ROAD OR BRIDGE, SO AS TO AUTHORIZE THE DEPARTMENT TO BE REIMBURSED FOR ALL EXPENSES TO IMPLEMENT THE DEDICATION FROM FUNDS ALLOCATED UNDER THE PROVISIONS OF SECTION 12-27-400 INSTEAD OF SECTION 12-27-380.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 24, by the Committee on Ways and Means.
Rep. KIRSH moved to table the amendment which was agreed to.
Rep. KIRSH explained the Bill.
The Bill was read the second time and ordered to third reading.
Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, March 4, which was adopted.
H. 2101 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE FOR ADMISSION TO PSYCHIATRIC TREATMENT FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS WELL AS MENTAL HEALTH FACILITIES APPROVED BY THE DEPARTMENT OF MENTAL HEALTH AND TO MAKE CHANGES IN THE PROCEDURE FOR EMERGENCY ADMISSIONS.
The following Bill was taken up.
S. 250 -- Senator Lindsay: A BILL TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO DELETE RESTRICTIONS ON WHOM A MEMBER OF THE GENERAL ASSEMBLY, WHO IS AN EX OFFICIO MEMBER OF THE AUTHORITY, MAY DESIGNATE AS A MEMBER IN HIS STEAD.
Rep. EVATT proposed the following Amendment No. 1, which was adopted.
Amend as and if amended.
Amend on page 2, lines 1 and 2 by deleting "from his administrative staff".
Rep. EVATT 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 overruled the Point of Order.
The amendment was then adopted.
Rep. LOCKEMY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2027 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
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. 2327 -- Rep. Ferguson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-375 SO AS TO REQUIRE INSURANCE COMPANIES SELLING POLICIES OF INDUSTRIAL LIFE INSURANCE TO NOTIFY POLICYHOLDERS BY CERTIFIED MAIL WHEN TOTAL PREMIUMS PAID EQUAL THE FACE VALUE OF THE POLICY.
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. 2448 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLISHING BY BANKING INSTITUTIONS CALLED FOR BY THE STATE BOARD OF BANK CONTROL, SO AS TO REQUIRE THE STATEMENT TO BE PUBLISHED WHERE THE BANKING INSTITUTION WAS ESTABLISHED INSTEAD OF WHERE LOCATED.
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. 2449 -- Rep. T.M. Burriss: A BILL TO AMEND CHAPTER 29 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUSTEES, BY ADDING SECTION 21-29-90 SO AS TO DEFINE AN "AFFILIATED TRUST COMPANY", AUTHORIZE ANY BANK TO DESIGNATE AN AFFILIATED TRUST COMPANY AS ITS AGENT FOR THE PERFORMANCE OF ALL ACTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BANK WITH RESPECT TO ANY FIDUCIARY OR OTHER CAPACITY, AND PROVIDE THAT THE BANK IS FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIONS OF THE TRUST COMPANY AND TO PROHIBIT CERTAIN ACTS IN THE AGENCY RELATIONSHIP.
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 Bill was taken up.
H. 2451 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF BANKS AND TRUST COMPANIES TO CONSOLIDATE OR MERGE AND PROVIDE FOR THE SALE OF THE ASSETS TO ANOTHER BANK OR TRUST COMPANY, SO AS TO PROVIDE FOR TRANSFERS WITHOUT CONSIDERATION OF TRUST COMPANY ASSETS AND BUSINESS TO AND FROM A RELATED BANK.
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. 2535 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NOTICE OF ACCIDENT MUST BE GIVEN TO THE EMPLOYER IN WORKERS' COMPENSATION MATTERS, SO AS TO PROVIDE THAT ANY WAIVER OF THE NOTICE REQUIREMENT BY THE WORKERS' COMPENSATION COMMISSION MUST BE DOCUMENTED IN THE CASE FILE, TO REQUIRE RECORDATION OF THE NECESSARY AND SALIENT FACTS JUSTIFYING THE WAIVER OF NOTICE, TO REQUIRE THE WAIVER OF NOTICE TO BE SIGNED BY THE COMMISSIONER APPROVING IT, AND TO REQUIRE THE COMMISSION TO ESTABLISH AND PUBLISH GUIDELINES TO BE FOLLOWED IN THE CONSIDERATION OF WHETHER OR NOT TO WAIVE THE NOTICE REQUIREMENT.
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. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
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. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.
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.
S. 402 -- Banking and Insurance Committee: 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.
Rep. BLANDING 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. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.
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.
Upon the withdrawal of an objection by Rep. AYDLETTE 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.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, February 18, by Rep. RICE.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. P. BRADLEY to reconsider the vote whereby the following Joint Resolution was rejected 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. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Aydlette Bailey, K. Baker Barfield Bennett Blackwell Boan Brown, G. Brown, J. Chamblee Cooper Cork Corning Davenport Evatt Faber Foster Gentry Gordon Gregory Harris, J. Haskins Huff Kirsh Koon Limehouse Mattos McAbee McBride McEachin McKay McLeod, J.W. McTeer Moss Neilson Nesbitt Petty Phillips, O. Rudnick Snow Stoddard Taylor Thrailkill Wells White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Blanding Brown, H. Burriss, M.D. Clyborne Dangerfield Day Derrick Edwards Ferguson Foxworth Gilbert Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Klapman Lockemy Mappus Martin, D. Martin, L. McCain McElveen McGinnis McLellan McLeod, E.B. Rhoad Rice Sheheen Simpson Townsend Tucker Washington Whipper Wilkins
So, the motion to reconsider was agreed to.
On motion of Rep. J.C. JOHNSON, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the calendar without reference.
H. 2566 -- Reps. J.C. Johnson and Carnell: A BILL TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT NO. 50, SCHOOL DISTRICT NO. 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT NO. 52 IN GREENWOOD COUNTY.
On motion of Rep. J.C. JOHNSON, with unanimous consent, it was ordered that H. 2566 be read the second time tomorrow.
Rep. GILBERT moved to reconsider the vote whereby the following Joint Resolution was given a third reading which was agreed to by a division vote of 26 to 24.
H. 2472 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROMOTION POLICY, DESIGNATED AS REGULATION DOCUMENT NUMBER 724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. GREGORY asked unanimous consent that S. 46 be read a third time tomorrow.
Rep. FOXWORTH objected.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 2064 be read the third time tomorrow.
On motion of Rep. RICE, with unanimous consent, it was ordered that H. 2083 be read the third time tomorrow.
On motion of Rep. WHIPPER, with unanimous consent, the following was taken up for immediate consideration:
H. 2567 -- Charleston Delegation: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF WILLIAM J. WHIPPER OF CHARLESTON COUNTY, ONE OF THE FIRST BLACK MEN TO BE ADMITTED TO THE BAR OF THIS STATE AND TO RECOGNIZE THE HANGING OF HIS PICTURE IN THE STATE ATTORNEY GENERAL'S OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. GENTRY moved to dispense with the Motion Period, which was not agreed to.
Rep. HEARN moved to recall H. 2098 from the Rules Committee.
The SPEAKER stated that the motion to recall H.2098 from the Committee on Rules was not in order as Rule 4.15 prohibits the recall of Resolutions proposing changes to the House Rules from the Committee on Rules.
Rep. RUDNICK raised the Point of Order that the motion to recall the Resolution was in order as it complied with Rule 4.4, which required that the Bill be in Committee seven days before it can be recalled.
The SPEAKER stated that Rule 4.15 did not allow for a Resolution proposing a change in the House Rules to be recalled, as it required a report from the Committee on Rules in order to reach the House floor, and he overruled the Point of Order.
Rep. McEACHIN moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2568 -- Reps. Hodges and Boan: A BILL TO AMEND SECTION 16-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAMING AND BETTING, SO AS TO DELETE ANTIQUATED LANGUAGE AND OBSOLETE REFERENCES, TO INCREASE THE PENALTIES FOR SECOND AND SUBSEQUENT VIOLATIONS OF GAMING AND BETTING, AND TO INCREASE PENALTIES FOR VIOLATIONS INVOLVING KEEPING A PLACE FOR GAMING.
Referred to Committee on Judiciary.
H. 2569 -- Rep. Davenport: A BILL TO AMEND SECTIONS 26-1-10, 26-1-20, 26-1-40, AND 26-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, SO AS TO CHANGE THE QUALIFICATIONS AND PROCEDURES FOR APPOINTMENT AS A NOTARY PUBLIC, DECREASE THE TERMS, INCREASE THE FEES, PRESCRIBE FOR REGISTRATION IN THE "RECORD OF NOTARIES PUBLIC", PROVIDE FOR REVOCATION OF CERTIFICATION UPON MOVING FROM THE STATE AND HAVING NO OFFICE IN THE STATE, AND TO REPEAL SECTION 26-1-30 RELATING TO FEES FOR CERTIFICATION AS A NOTARY PUBLIC.
Referred to Committee on Judiciary.
The following Joint Resolution was taken up.
H. 2472 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROMOTION POLICY, DESIGNATED AS REGULATION DOCUMENT NUMBER 724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. GILBERT explained the Joint Resolution.
The Resolution was read the third time, and ordered sent to the Senate.
Rep. G. BROWN moved that the House do now adjourn.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Gentry Kay Rhoad
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Bennett Blackwell Blanding Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, M.D. Chamblee Clyborne Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Fair Ferguson Foster Gilbert Gordon Harris, J. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. McBride McCain McElveen McGinnis McKay McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rudnick Sheheen Simpson Stoddard Taylor Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins
So, the House refused to adjourn.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Wednesday, March 4, which was adopted.
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.
The motion period was dispensed with on motion of Rep. L. MARTIN.
Rep. RUDNICK moved to adjourn debate upon the following Joint Resolution until Wednesday, March 4, which was adopted.
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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. KOON having the floor.
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. KOON continued speaking.
Rep. FOXWORTH moved to continue the Bill.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, P. Burriss, M.D. Cork Corning Derrick Evatt Foxworth Haskins Hearn Hendricks Klapman Kohn Koon Mappus Martin, L. McEachin McLeod, E.B. Nettles Sturkie Taylor Thrailkill
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Clyborne Cooper Davenport Day Elliott Faber Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Hodges Holt Johnson, J.C. Jones Kay Kirsh Limehouse Lockemy Martin, D. Mattos McAbee McBride McCain McElveen McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Petty Phillips, L. Phillips, O. Rhoad Rice Rudnick Sheheen Simpson Stoddard Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
So, the House refused to continue the Bill.
Rep. KOON continued speaking.
Rep. MAPPUS moved that the House do now adjourn.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Foxworth Gregory Holt Koon Mappus Rhoad
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Blackwell Blanding Boan Brown, H. Brown, R. Burriss, M.D. Chamblee Clyborne Cooper Cork Corning Davenport Derrick Edwards Elliott Evatt Faber Ferguson Foster Gentry Gilbert Gordon Harris, J. Haskins Hawkins Hayes Helmly Hendricks Hodges Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Limehouse Lockemy Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, T. Rudnick Sheheen Simpson Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins
So, the House refused to adjourn.
Rep. KOON continued speaking.
Rep. KOON proposed the following Amendment No. 2 which was tabled.
Amend as and if amended. Add new section to so state that any child now attending school under Section 59-63-30 of 1976 shall be allowed to complete their education in that District of choice.
Amend title to conform.
Rep. FOSTER moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, K. Baker Blackwell Boan Brown, R. Carnell Chamblee Dangerfield Elliott Faber Fair Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Hayes Hodges Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lockemy Mattos McAbee McBride McGinnis McTeer Nesbitt Phillips, L. Rice Rudnick Sheheen Stoddard Townsend Tucker Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Arthur Barfield Bradley, P. Brown, H. Burriss, M.D. Clyborne Cooper Cork Corning Davenport Derrick Evatt Foxworth Haskins Hawkins Hearn Helmly Hendricks Holt Klapman Koon Lewis Limehouse Mappus McEachin McElveen McLellan McLeod, E.B. Moss Nettles Petty Phillips, O. Sturkie Taylor Thrailkill
So, the amendment was tabled.
Rep. KOON proposed the following Amendment No. 3 which was adopted.
Amend as and if amended. Add a new section: Any student who is in the 11th or 12th grades shall be allowed to complete their education in the event that the family of said child moves out of District.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. KIRSH moved to table the amendment which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 51 to 26.
Rep. KOON proposed the following Amendment No. 5 which was tabled.
Amend as and if amended. Add new section: The provisions of Section 59-63-30 shall stay in effect for any parent willing to pay an additional $300.00 annually, for each child opting to move to an out of resident District.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 59 to 12.
Rep. FOXWORTH moved that the House do now adjourn.
Rep. M.O. ALEXANDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Blanding Bradley, P. Burriss, M.D. Cork Evatt Foxworth Holt Johnson, J.W. Koon Mappus McGinnis McLeod, E.B. Phillips, O. Rhoad Simpson Sturkie Waldrop
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Barfield Blackwell Boan Brown, H. Brown, J. Brown, R. Chamblee Clyborne Cooper Dangerfield Davenport Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Gentry Gilbert Gregory Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Kay Keyserling Kirsh Klapman Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McLeod, J.W. Moss Nesbitt Nettles Pearce Petty Phillips, L. Rice Rudnick Sheheen Thrailkill Townsend Tucker Washington Wells Whipper White Wilder
So, the House refused to adjourn.
Rep. WASHINGTON moved immediate cloture on the entire matter.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Blanding Brown, H. Brown, J. Brown, R. Clyborne Edwards Elliott Faber Fair Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Helmly Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McCain McKay McLeod, J.W. McTeer Nesbitt Pearce Phillips, L. Rice Rudnick Sheheen Tucker Waldrop Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Arthur Aydlette Boan Bradley, P. Burriss, M.D. Chamblee Cooper Cork Corning Davenport Day Derrick Evatt Foxworth Haskins Hearn Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Klapman Koon Limehouse Mappus McEachin McElveen McGinnis McLeod, E.B. Nettles Petty Phillips, O. Simpson Stoddard Sturkie Townsend Wells
So, immediate cloture was invoked.
Reps. EVATT, CORK and E.B. McLEOD proposed the following Amendment No. 6 which was tabled.
Amend as and if amended.
Add a new section: Any student who is in the 9th through 12th grades shall be allowed to complete their education in the event that the family of said child moves out of District.
Amend title to conform.
Rep. E. B. McLEOD explained the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 54 to 22.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7. 7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, C. Bailey, K. Baker Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Carnell Chamblee Clyborne Cooper Dangerfield Day Edwards Elliott Faber Fair Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Hayes Helmly Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Martin, D. Mattos McBride McCain McElveen McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Phillips, L. Phillips, O. Rice Rogers, T. Rudnick Sheheen Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Barfield Bradley, P. Burriss, M.D. Cork Corning Davenport Derrick Evatt Felder Foxworth Haskins Hawkins Hearn Hendricks Koon Martin, L. McEachin McLeod, E.B. Nettles Petty Stoddard Sturkie Wells Winstead
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LOCKEMY, with unanimous consent, the following was taken up for immediate consideration:
H. 2570 -- Reps. Lockemy and Kohn: A CONCURRENT RESOLUTION DECLARING MARCH 6 OF EACH YEAR SOUTH CAROLINA TEXAS DAY.
Whereas, the members of the General Assembly note the many contributions of South Carolinians to the cause of Texas independence and the subsequent western expansion of the United states; and
Whereas, March 6 is the anniversary of the fall of the Alamo, a date of great historical significance for Texas, South Carolina, and the United states; and
Whereas, it is appropriate to honor those South Carolinians, who by their devotion and sacrifice, were active in the cause of Texas independence and the western expansion of the United States on an annual South Carolina Texas Day. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That March 6 of each year is declared South Carolina Texas Day in recognition of the accomplishments and sacrifice of South Carolinians in the cause of Texas independence and the western expansion of the United States.
Be it further resolved that the citizens of South Carolina in their organizations and institutions in the various communities of this State are called upon to note the day with appropriate ceremonies.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. HOLT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 2113 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO APPROVE THE TRANSITION COMMITTEE PLAN FOR THE TRANSFER OF ALL NECESSARY OPERATIONS FROM THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES.
H. 2546 -- Reps. G. Bailey and Day: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS DOUGLAS EDWARD TUTEN UPON BEING SELECTED AS THE TROOPER OF THE YEAR FOR PATROL DISTRICT SIX AND NOMINATED FOR STATEWIDE TROOPER OF THE YEAR, AND COMMENDING HIM FOR HIS OUTSTANDING SERVICE AND DEVOTION TO DUTY.
H. 2565 -- Rep. Evatt: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA FOR ITS COMMITMENT TO THE FUTURE WELL-BEING OF SOUTH CAROLINA AND ITS CITIZENS THROUGH ITS SPONSORSHIP OF MANY WORTHWHILE LOCAL AND STATEWIDE ENDEAVORS BENEFITING THE GENERAL PUBLIC.
H. 2567 -- Charleston Delegation: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF WILLIAM J. WHIPPER OF CHARLESTON COUNTY, ONE OF THE FIRST BLACK MEN TO BE ADMITTED TO THE BAR OF THIS STATE AND TO RECOGNIZE THE HANGING OF HIS PICTURE IN THE STATE ATTORNEY GENERAL'S OFFICE.
At 11:50 A.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 10:00 A.M. tomorrow.
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