South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

WEDNESDAY, MARCH 4, 1987

Wednesday, March 4, 1987
(Statewide Session)

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 understanding God, we rejoice that Thou art always seeking to minister to our needs: quieting our restlessness, healing our heartaches, comforting our sorrows, forgiving our sins. Set us free from everything that undermines our faith in Thee and holds back our complete surrender to the way Thou hast for us. Forbid that we should be content to walk on the lower level when Thou art calling us to lofty heights. May we each one feel underneath the undergirding right arm of God to give us strength, courage and wisdom as we keep our vision fixed on Him Who is invisible yet always nearer to us than breathing and closer than hands and feet.

To Thee we give unending gratitude and praise. 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.

RULES AND REGULATIONS RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 3, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives         (Doc. No. 528)

Dear Mrs. Shealy:

The South Carolina Department of Health and Environmental Control is hereby resubmitting Regulation Document No. 528, effective today. This regulation has been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. L. PHILLIPS, from the Committee on Education and Public Works submitted a favorable report, on:

H. 2197 -- Reps. McEachin, McKay, R. Brown, Harvin, J.W. McLeod, Gilbert, Thrailkill, Pearce, Nettles, J. Harris, Lockemy, Neilson, J. Rogers, Keyserling, Altman, Elliott, Barfield, Foster, Baxley, Boan, Gordon, Ogburn, Blanding, Short, Kirsh, Hayes and Beasley: A BILL TO AMEND SECTION 59-119-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.

Ordered for consideration tomorrow.

    Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 2274 -- Reps. Winstead and Aydlette: A BILL TO AMEND ARTICLE 31, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS TRAFFIC RULES BY ADDING SECTION 56-5-3865 SO AS TO PROVIDE THAT A PERSON MAY NOT WEAR EARPHONES OR ANY SIMILAR HEARING APPARATUS OVER THE EARS FOR THE PURPOSE OF LISTENING TO A RADIO, STEREO, TAPEPLAYER, OR OTHER BROADCAST DEVICE WHILE OPERATING A MOTOR VEHICLE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, G. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen, Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2018 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO AMEND SECTIONS 38-29-140 AND 38-29- 150, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF FORMS BY INSURERS WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, AND SECTION 38-29-360, RELATING TO APPEALS FROM ACTIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CONFORM PROCEDURES GOVERNING APPEALS UNDER THE INSURANCE HOLDING COMPANY REGULATORY ACT TO THE PROCEDURES GOVERNING OTHER TYPES OF APPEALS FROM ORDERS OF THE CHIEF INSURANCE COMMISSIONER.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2039 -- Reps. Limehouse and P. Bradley: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 2439 -- Rep. T. Rogers: A BILL TO AMEND SECTION 37-2-205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER CREDIT SALES, AND SECTION 37-3-305, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER LOANS, SO AS TO INCREASE THE FEE REQUIRED TO BE PAID WHEN THE SCHEDULE IS FILED; TO AMEND SECTION 37-6-203, RELATING TO ANNUAL NOTIFICATION FILINGS REQUIRED TO BE MADE UNDER THE CONSUMER PROTECTION CODE, SO AS TO INCREASE THE CERTAIN FEES REQUIRED IN CONJUNCTION WITH THE NOTIFICATION FILINGS; AND TO AMEND SECTION 38-50-120, RELATING TO REGISTRATION OF CLUB REPRESENTATIVES UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO INCREASE THE FEE REQUIRED FOR THIS REGISTRATION.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 2594 -- Reps. McEachin, Keyserling and J.W. Johnson: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING A RULE SO AS TO REQUIRE THE WAYS AND MEANS COMMITTEE TO HAVE THE ANNUAL GENERAL APPROPRIATIONS BILL PRINTED AND PLACED ON EACH MEMBER'S DESK NO LATER THAN THE SEVENTH CALENDAR DAY FOLLOWING THE CONVENING OF EACH ANNUAL SESSION OF THE GENERAL ASSEMBLY.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 2595 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE JOSEPH MARION BRADHAM, CERTIFIED PUBLIC ACCOUNTANT OF MANNING, CLARENDON COUNTY, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 2596 -- Reps. Whipper, Toal, White, Chamblee and T. Rogers: A BILL TO AMEND SECTION 16-3-658, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION THAT A SPOUSE IS NOT GUILTY OF CRIMINAL SEXUAL CONDUCT UNLESS THE COUPLE IS LIVING APART BY REASON OF COURT ORDER AND THE ACTOR'S CONDUCT CONSTITUTES CRIMINAL SEXUAL CONDUCT IN THE FIRST OR SECOND DEGREE, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE AND THE ACTOR'S CONDUCT CONSTITUTES CRIMINAL SEXUAL CONDUCT IN THE FIRST OR SECOND DEGREE.

Referred to Committee on Judiciary.

H. 2597 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "PRIMARY WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS" TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 2598 -- Reps. Derrick and Evatt: A BILL TO AMEND ACT 452 OF 1986, RELATING TO THE DEDUCTION ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR A TAXPAYER'S DEPENDENT "SPECIAL NEEDS CHILD", SO AS TO PROVIDE THAT THE DEDUCTION MAY BE CLAIMED BEGINNING WITH TAXABLE YEAR 1985.

Referred to Committee on Ways and Means.

H. 2599 -- Reps. Pearce, Nesbitt, Aydlette, Sharpe, Thrailkill, Elliott, Washington, Hearn, J. Brown, K. Bailey, Koon, M.O. Alexander, Wells, Whipper, Bennett, Cooper, Holt, Rice, Jones, Blackwell, Townsend, Snow, Keyserling, McEachin, Mattos, Hodges and Baker: A BILL TO AMEND ARTICLE 3 OF CHAPTER 1 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS CONCERNING MARRIAGE LICENSES, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE APPLICANTS FOR A MARRIAGE LICENSE TO SUBMIT TO TESTING AND EXAMINATION FOR CERTAIN DISEASES, REQUIRE EVERY APPLICATION FOR A MARRIAGE LICENSE TO BE ACCOMPANIED BY A PHYSICIAN'S CERTIFICATE STATING THAT NEITHER OF THE PERSONS TESTED AND EXAMINED HAS ANY VENEREAL DISEASE OR AIDS, PROVIDE FOR THE COSTS OF THE TESTING AND EXAMINATION, AND REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE CERTAIN REGULATIONS; AND TO AMEND SECTION 20-1-230, RELATING TO ISSUANCE OF MARRIAGE LICENSES, SO AS TO INCLUDE THE PHYSICIAN'S CERTIFICATE OF SECTION 20-1-225 WITH THE APPLICATION FOR A MARRIAGE LICENSE UNDER SECTION 20-1-220.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 2600 -- Reps. L. Martin, H. Brown, M.D. Burriss, T.M. Burriss, Hendricks, Simpson, G. Bailey, Holt, T.C. Alexander, Corning, Nesbitt, Hearn, Davenport, Evatt, Klapman, Wilder, Cork, Mappus, McGinnis, Altman, Kirsh, Baker, Williams, Haskins, McCain, J.H. Burriss, Wells and Barfield: A BILL TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110, SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.

Referred to Committee on Ethics.

H. 2601 -- Reps. Corning and McCain: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

Referred to Committee on Judiciary.

H. 2602 -- Reps. Thrailkill, Sharpe, Holt, Pearce, J. Brown, Whipper, Jones, K. Bailey, Elliott, Washington and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-380 SO AS TO PROHIBIT INSURERS WRITING TERM LIFE INSURANCE FROM REDUCING THE PRINCIPAL AMOUNT PAYABLE UNDER A TERM POLICY UNLESS THE PREMIUM HAS REMAINED THE SAME SINCE THE INCEPTION OF THE POLICY AND TO PROVIDE THAT A TERM POLICY MAY NOT BE TERMINATED BECAUSE OF AGE EXCEPT FOR NONPAYMENT OF PREMIUM.

Referred to Committee on Labor, Commerce and Industry.

H. 2603 -- Rep. Koon: A BILL TO AMEND SUBARTICLE 9, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE MATTERS OF THE FAMILY COURT BY ADDING SECTION 20-7-1515 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE USE OF MEDIATION IN THE FAMILY COURTS OF THIS STATE IN CASES INVOLVING DIVORCE OR SEPARATION.

Referred to Committee on Judiciary.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, R.              Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Evatt                  Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Simpson                Snow
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 4, 1987.

L. Edward Bennett                 James E. Lockemy
Larry Blanding                    David O. Hawkins
Olin R. Phillips                  Gene Stoddard
Denny W. Neilson                  Lenoir Sturkie
Joe E. Brown                      Larry Gentry
Robert A. Kohn                    John H. Burriss
Paul Short                        John Russell
Joseph McElveen                   Ken Bailey
E. Crosby Lewis
Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. TOAL a leave of absence for the day.

The SPEAKER granted Rep. J. BROWN a temporary leave of absence.

STATEMENTS OF ATTENDANCE

Rep. KEYSERLING signed a statement with the Clerk that she came in after the roll call and was present for the Session on Wednesday, February 25, 1987.

Rep. KOON signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, February 26, 1987.

Rep. BEASLEY signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, March 3, 1987.

DOCTOR OF THE DAY

Announcement was made that Larry R. Winn of Easley, is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.

S. 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.

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.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 439 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

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.

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.

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.

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.

H. 2017--TABLED

The following Bill was taken up.

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.

Rep. DANGERFIELD moved to table the Bill which was agreed to.

H. 2089--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.

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.

H. 2101--DEBATE ADJOURNED

The following Bill was taken up.

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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2206Y).

Amend the bill, as and if amended, by striking subsection (B) of Section 44-17-410 as contained in SECTION 1 in its entirety and inserting:

/(B) Prior to the emergency admission of any person to a facility of the Department of Mental Health, a designated clinician for the mental health center serving the county in which the person resides must be contacted by the examining physician to inform the mental health center of the mental and physical treatment needs of the person. The designated clinician at the mental health center shall inform the physician of the options available so as to aid the examining physician in making the most appropriate treatment referral. The options shall include:

(1)admittance for inpatient psychiatric services as an emergency admission pursuant to this section;

(2) admittance to a general hospital or clinic for treatment of an acute medical condition which has been masked by or created the patient's mental symptoms;

(3) admittance to community or state resources and programs as may be available for alcohol detoxification, treatment of alcoholism/drug addiction, crisis stabilization, outpatient mental health services and other mental health services./

Amend the bill further by striking SECTION 2 and inserting:

/SECTION 2. The Department of Mental Health shall implement a three year plan for development of appropriate community resources and programs for the disposition of an emergency admission. These services shall include, but not be limited to, intensive case management, structured intensive care, short-term stabilization, and short-term holding units.

SECTION 3. This act takes effect upon approval by the Governor./

Renumber subsections and sections to conform.

Amend title to conform.

Rep. WHITE explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 11, 1987, which was adopted.

H. 2555--OBJECTIONS

The following Bill was taken up.

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.

Rep. KEYSERLING proposed the following Amendment No. 1 (Doc. No. 2592Y).

Amend the bill, as and if amended, Section 1, by striking Section 59-1-405 and inserting:

/Section 59-1-405. No contraceptive device or contraceptive medication may be distributed in any public elementary or secondary school./

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. FAIR spoke in favor of the amendment.

Reps. WASHINGTON, K. BAILEY, KLAPMAN, BLANDING, McBRIDE, TUCKER and FOSTER objected to the Bill.

H. 2526--OBJECTIONS AND POINT OF ORDER

The following Bill was taken up.

H. 2526 -- Reps. Rhoad and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-1-100 SO AS TO REQUIRE THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO CONTINUE TO OPERATE AND MAINTAIN THE WELCOME CENTER ON U. S. HIGHWAY 301 SOUTH OF ALLENDALE.

Reps. T.M. BURRISS and FOXWORTH objected to the Bill.

POINT OF ORDER

Rep. McABEE 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.

H. 2085--OBJECTION

Rep. McEACHIN withdrew his objection to the following Bill whereupon an objection was raised by Rep. KIRSH.

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.

H. 2162--OBJECTION WITHDRAWN

Rep. WHITE withdrew her objection to H. 2162 however, other objections remained upon the Bill.

H. 2240--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 2240 -- Judiciary Committee: A BILL TO AMEND SECTION 20-7-477, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUITABLE APPORTIONMENT OF MARITAL PROPERTY, SO AS TO PROVIDE THAT THE RIGHTS AND INTERESTS OF EACH SPOUSE IN THE OTHER'S REAL PROPERTY ARE NOT EFFECTIVE AGAINST THIRD PARTIES UNTIL A NOTICE OF PENDENCY OF ACTION IS FILED, AND WITH REGARD TO PERSONAL PROPERTY, UNTIL THE THIRD PARTY HAS RECEIVED WRITTEN NOTICE THAT A NOTICE OF PENDENCY OF ACTION HAS BEEN FILED.

Rep. WILKINS explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2093 -- Rep. Hayes: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 6 SO AS TO ABOLISH THE COMMON LAW RULE AGAINST PERPETUITIES AND REPLACE IT WITH A STATUTORY RULE AGAINST PERPETUITIES WHICH ADOPTS PROVISIONS WHICH PREVENT THE DEFEAT OF THE TRANSFEROR'S INTENT.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 2159--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.

Rep. HEARN explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. L. MARTIN.

H. 2308--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 2308 -- Reps. Rudnick, White, Huff, Sharpe, Koon, Arthur, Nesbitt, O. Phillips and Moss: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1990, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY PROVIDES IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 2370Y), which was adopted.

Amend the resolution, as and if amended, by striking all after the enacting words and inserting:

/Section 1. It is proposed that Section 26 of Article V of the Constitution of this State be amended to read:

"Section 26. The Governor, by and with the advice and consent of the Senate appropriate county legislative delegation, shall appoint a number of magistrates for each county as provided by law. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office need not be uniform throughout the State but shall must be uniform within each county.

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

'Shall Section 26, Article V of the Constitution of this State be amended so as to provide that all magistrates must be appointed by the Governor with the advice and consent of the appropriate county legislative delegation instead of with the advice and consent of the Senate?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."'/

Amend title to conform.

Rep. RUDNICK explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution Resolution, resulting as follows:

Yeas 96; Nays 6

    Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Baxley
Beasley                Bennett                Blanding
Boan                   Bradley, P.            Brown, H.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gilbert                Harris, J.             Harris, P.
Haskins                Hawkins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.W.          Jones                  Kay
Kirsh                  Koon                   Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLeod, E.B.
McLeod, J.W.           Moss                   Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Snow                   Stoddard
Thrailkill             Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--96

Those who voted in the negative are:

Barfield               Blackwell              Brown, G.
Harvin                 McLellan               McTeer

Total--6

So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 2308--RECORD FOR VOTING

I favor popular election of judges. This Joint Resolution as amended does not allow the people a vote. Therefore I oppose the Joint Resolution.

Rep. BLACKWELL

H. 2162--DEBATE ADJOURNED

Rep. EDWARDS moved to adjourn debate upon the following Bill, which was adopted.

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.

H. 2202--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 19, by the Committee on Ways and Means.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted by a division vote of 44 to 24.

Rep. T. ROGERS explained the Bill.

Rep. FERGUSON spoke against the Bill and moved to table the Bill, which was not agreed to by a division vote of 27 to 44.

Rep. FERGUSON moved to recommit the Bill to the Committee on Ways and Means.

Rep. HUFF moved to table the motion to recommit.

Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Aydlette
Baker                  Baxley                 Bennett
Blackwell              Brown, H.              Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Derrick                Evatt
Fair                   Felder                 Foxworth
Harris, J.             Harris, P.             Hayes
Hearn                  Helmly                 Hendricks
Huff                   Johnson, J.C.          Kay
Keyserling             Klapman                Koon
Mappus                 Martin, L.             Mattos
McCain                 McTeer                 Pearce
Rice                   Rogers, T.             Sheheen
Sturkie                Thrailkill             Townsend
Tucker                 Waldrop                Winstead

Total--48

Those who voted in the negative are:

Alexander, T.C.        Arthur                 Bailey, G.
Bailey, K.             Blanding               Bradley, P.
Brown, R.              Dangerfield            Davenport
Day                    Faber                  Ferguson
Foster                 Gilbert                Gregory
Harvin                 Haskins                Holt
Kirsh                  Limehouse              Lockemy
Martin, D.             McBride                McEachin
McGinnis               McLellan               McLeod, E.B.
Moss                   Nesbitt                Nettles
Petty                  Phillips, L.           Rogers, J.
Rudnick                Simpson                Stoddard
Washington             Wells                  Whipper
White                  Williams

Total--41

So, the motion to table the motion to recommit was agreed to.

Rep. FERGUSON spoke against the Bill.

Rep. T. ROGERS spoke in favor of the Bill.

MOTION NOTED

Rep. WHITE moved to reconsider the vote whereby debate was adjourned on H. 2101 until Wednesday March 11, 1987 and the motion was noted.

Rep. LIMEHOUSE moved to adjourn debate upon the Bill until Wednesday, March 18, 1987.

Rep. BLACKWELL moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until Wednesday, March 18, 1987 which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 2604 -- Reps. Holt, Winstead, Foxworth, Whipper, D. Martin, Dangerfield, Washington, Mappus and J. Bradley: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE JOSEPH P. RILEY, JR., MAYOR OF THE CITY OF CHARLESTON, AND THE CITY COUNCIL OF CHARLESTON TO POSTPONE THE CLOSING OF LOCKLEAR BOAT LANDING IN CHARLESTON COUNTY UNTIL THE MAYOR AND CITY COUNCIL LOCATE ANOTHER LANDING THAT CAN ACCOMMODATE THE LAUNCHING OF BOATS IN EXCESS OF TWENTY FEET.

Whereas, the Locklear Boat Landing in Charleston County is scheduled for closing because of construction work on the James Island Bridge; and

Whereas, the landing closing is being accomplished without benefit of public notice or hearing; and

Whereas, while there are in excess of twenty public landings in Charleston County, Locklear Boat Landing is the only landing in sheltered water where boats in excess of twenty feet can be placed in the water; and

Whereas, the closing of this landing will adversely affect the sales and service of pleasure boats in Charleston County and the recreational activity of the citizens of the county. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly endorse the request of the Charleston County Legislative Delegation that the Honorable Joseph P. Riley, Jr., Mayor of the City of Charleston, and the City Council be memorialized to take such action that is necessary to postpone the closing of the Locklear Boat Landing until the Mayor and City Council locate another landing that can accommodate the launching of boats in excess of twenty feet.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Joseph P. Riley, Jr., Mayor of the City of Charleston, and to the members of the Charleston City Council.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 2605 -- Reps. McEachin, Keyserling and J.W. Johnson: A HOUSE RESOLUTION TO ADOPT A RULE OF THE HOUSE OF REPRESENTATIVES TO PROVIDE THAT ANY AMENDMENT OFFERED FROM THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE ANNUAL GENERAL APPROPRIATIONS BILL PROVIDING FOR EXPENDITURE OF FUNDS MUST PROVIDE REVENUE IN AT LEAST AN EQUAL AMOUNT AS THE AMOUNT OF THE EXPENDITURE.

The Resolution was ordered referred to the Committee on Rules.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 2606 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE REQUIRED OF BORROWERS UNDER THE CONSUMER FINANCE LAW, SO AS TO PROVIDE THAT MINIMUM CHARGES OF TWO DOLLARS MAY BE MADE IN CONNECTION WITH THE REQUIRED INSURANCE, AND THAT NO REFUND UNDER TWO DOLLARS MUST BE MADE IN CONNECTION WITH THE CANCELLATION OF THE INSURANCE.

Without reference.

H. 2607 -- Reps. Elliott, Pearce, Thrailkill and Barfield: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALES OF MEALS OR FOODSTUFFS PROVIDED AT HOME TO ELDERLY OR DISABLED PERSONS TO OR BY NONPROFIT ORGANIZATIONS THAT RECEIVE CHARITABLE CONTRIBUTIONS FOR THE PURPOSE OF PROVIDING THE MEALS.

Referred to Committee on Ways and Means.

H. 2608 -- Reps. Wells, Davenport, Edwards, Ferguson, Hawkins, McGinnis, Petty, Russell, McCain, Nesbitt, Haskins, Baker, L. Martin, Limehouse, M.D. Burriss, T.M. Burriss, Hearn, Moss, Corning, G. Brown, Neilson, Baxley, Ogburn, and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-47-105 SO AS TO LIMIT APPROPRIATIONS REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD APPLICABLE TO THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND TO THOSE FUNDS APPROPRIATED FOR THE SCHOOL PURSUANT TO THE EDUCATION FINANCE ACT.

Referred to Committee on Ways and Means.

H. 2609 -- Rep. T. Rogers: A BILL TO AMEND SECTIONS 59-117-10 AND 59-117-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE STUDENT GOVERNMENT PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA-COLUMBIA CAMPUS IS AN EX OFFICIO MEMBER OF THE BOARD.

Referred to Committee on Education and Public Works.

H. 2610 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, SO AS TO REDUCE THE LIMITATION PERIOD FROM SIX YEARS TO THREE YEARS; TO AMEND SECTION 15-3-535, RELATING TO THE TIME WITHIN WHICH CERTAIN ACTIONS FOR CRIMINAL CONVERSATION AND THEIR ACTIONS MUST BE COMMENCED, SO AS TO REVISE THIS TIME; TO AMEND SECTION 15-3-545, RELATING TO THE STATUTE OF LIMITATIONS IN MALPRACTICE ACTIONS, SO AS TO PROVIDE A TOLLING PERIOD OF NOT MORE THAN SEVEN YEARS ON ACCOUNT OF MINORITY; TO AMEND THE 1976 CODE BY ADDING SECTION 15-33-125, SO AS TO PERMIT A NEW TRIAL LIMITED TO DAMAGES ONLY IN THOSE INSTANCES WHERE THE PLAINTIFF WAS ENTITLED TO A DIRECT VERDICT OF LIABILITY; BY ADDING SECTION 15-33- 135, SO AS TO PROVIDE A DEFINITION OF PUNITIVE DAMAGES IN CIVIL ACTIONS; TO AMEND SECTION 15-1-300, RELATING TO CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLE ACCIDENT ACTIONS, SO AS TO BROADEN THE SECTION TO PROVIDE FOR THE GENERAL APPLICATION OF THE RULE OF COMPARATIVE NEGLIGENCE IN CERTAIN TORT ACTIONS, TO PROVIDE FOR JOINT AND SEVERAL LIABILITY OF JOINT TORTFEASORS, AND TO PROHIBIT SETOFFS IN CERTAIN CASES; TO AMEND SECTION 15-73-20, RELATING TO LIABILITY AND RECOVERY AGAINST SELLERS OF DEFECTIVE PRODUCTS, SECTION 42-1-520 RELATING TO DEFENSES AVAILABLE TO EMPLOYERS UNDER THE WORKERS' COMPENSATION LAW, SECTION 56-5-3220 RELATING TO THE EFFECT OF THE FAILURE OF CERTAIN INCAPACITATED PERSONS TO CARRY A CANE OR BE GUIDED BY A GUIDE DOG ON STREETS AND HIGHWAYS, SECTION 56-5-6460 RELATING TO A VIOLATION OF CHILD PASSENGER RESTRAINT SYSTEM LAWS NOT CONSTITUTING NEGLIGENCE, SECTION 58-17-1440 RELATING TO THE PENALTY AND DAMAGES FOR INJURY AT RAILROAD CROSSINGS IF REQUIRED SIGNALS ARE NOT GIVEN, AND SECTION 58-17-3730 RELATING TO ACTIONS AGAINST RAILROAD COMMON CARRIERS, SO AS TO CONFORM THESE SECTIONS TO THE ABOVE PROVISIONS AND TO DELETE ANY REFERENCES TO CONTRIBUTORY NEGLIGENCE AND CERTAIN OTHER REFERENCES OR DEFENSES IN CONFLICT WITH THE DOCTRINE OF COMPARATIVE NEGLIGENCE; TO AMEND TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 38 SO AS TO ENACT THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT; TO PROVIDE FOR LIABILITY FOR THE WRONGFUL USE OF A CIVIL PROCEEDING AND TO PROVIDE DAMAGES THEREFOR.

Without reference.

H. 2611 -- Reps. J. Rogers and Huff: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 38 SO AS TO ENACT THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT.

Referred to Committee on Judiciary.

H. 2612 -- Reps. J. Rogers and Huff: A BILL TO AMEND ARTICLE 1, CHAPTER 27 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRIALS BY ADDING SECTION 15-27-160 SO AS TO PROVIDE FOR BIFURCATED TRIALS IN CIVIL CASES WHERE THE JURY FINDS THE PLAINTIFF TO BE ENTITLED TO PUNITIVE DAMAGES.

Referred to Committee on Judiciary.

H. 2613 -- Rep. Lockemy: A BILL TO AMEND ARTICLE 27, CHAPTER 17, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFETY AND NOTICE OF ACCIDENTS INVOLVING A RAILROAD COMPANY, BY ADDING SECTION 58-17-3335 SO AS TO REQUIRE A RAILROAD COMPANY TO PROVIDE NOTICE OF ANY HAZARDOUS SUBSTANCE WITH WHICH AN EMPLOYEE COULD COME IN CONTACT WHEN HE IS REQUIRED TO WORK AT THE SITE OF A RAILROAD ACCIDENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 2101--RECONSIDERED AND OBJECTIONS

The motion of Rep. WHITE to reconsider the vote whereby debate was adjourned until Wednesday, March 11, on the following Bill was taken up and agreed to.

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.

Reps. J. BRADLEY, MAPPUS and KLAPMAN objected to the Bill.

H. 2555-OBJECTION

Rep. T. ROGERS, with unanimous consent, objected to the following Bill.

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.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. O. PHILLIPS.

Rep. GREGORY moved that the House do now adjourn which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2595 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE JOSEPH MARION BRADHAM, CERTIFIED PUBLIC ACCOUNTANT OF MANNING, CLARENDON COUNTY, UPON HIS DEATH.

ADJOURNMENT

At 11:55 A.M. the House in accordance with the motion of Rep. GREGORY adjourned to meet at 11:00 A.M. tomorrow.

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