Indicates Matter Stricken
Indicates New Matter

The House assembled at 11: 00 A.M.

Deliberations were opened with prayer by the Reverend Lewis C. Lowe, Pastor of Hillcrest Baptist Church in North Charleston, S.C.

"As we stand before You, Our Father, we realize that in our own strength, we're weak, so therefore we come in Jesus' name to pray Your blessings upon these Representatives, upon this Speaker Sheheen as he leads us today. These Committees and others are struggling with serious and difficult problems, and I ask that You would give them wisdom and direction, and may we realize that our strength is in You. We thank You, Father, for these special days, as we look forward, in just a short while, to the period in April, the 25th, and May 2nd, when Dr. Billy Graham will come to this city, and across our state. This emphasis will come in a great crusade. We pray Your blessings upon him, as he and his team are preparing to come to our state. We ask Your guidance and realization upon us, and blessing for us. Accept our pleas and our prayers in the forgiveness of our sins. Our difficult problems lead us into treacherous ways sometimes, so forgive us, our Father. We pray for our President at this time, and our Governor, as they have important decisions and responsibilities, that Your leadership may be evident in their lives in these important days. Again we ask these things, Father, in Jesus' 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.

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

House of Representatives     (Doc. No. 814)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning Registration of Geologists from the S.C. State Board of Registration for Geologists.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.
Columbia, S. C., March 4, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 250:
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.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., March 4, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it adopted the Report of Conference and has appointed Senators Lourie, Bryan and Pope of the Committee of Free Conference on the part of the Senate on S. 266:
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Very respectfully,
President

No. 2

Received as information.

The following was received.
Columbia, S.C., March 4, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 266:
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Very respectfully,
President

No. 3

Received as information.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

H. 2120 -- Reps. Kirsh, Nesbitt and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-135 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY MAY NOT ENFORCE ANY PROVISIONS OF A NATIONALLY RECOGNIZED BUILDING CODE WHICH IT HAS ADOPTED TO REGULATE THE CONSTRUCTION OR IMPROVEMENT OF AGRICULTURAL BUILDINGS, TO DEFINE AGRICULTURAL BUILDING, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY UNLESS PRIOR TO CONSTRUCTING AN AGRICULTURAL BUILDING THE PERSON OWNING THE PROPERTY ON WHICH THE BUILDING IS TO BE CONSTRUCTED FILES AN AFFIDAVIT WITH THE COUNTY OFFICIAL RESPONSIBLE FOR ENFORCING THE BUILDING CODE STATING THAT THE BUILDING IS BEING CONSTRUCTED ON AGRICULTURAL PROPERTY AS DEFINED UNDER THE PROVISIONS OF SECTION 12-43-230, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT AFFECT THE ISSUANCE OF BUILDING PERMITS BY ANY COUNTY WHICH REQUIRES ONE PRIOR TO THE CONSTRUCTION OR IMPROVEMENT OF A BUILDING.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 2267 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS AND SIZE LIMITS ON SALTWATER FISH AND SHELLFISH, SO AS TO CHANGE THE CLOSED SEASON FOR TAKING, POSSESSING, LANDING, OR SELLING RED DRUM LESS THAN FOURTEEN INCHES IN LENGTH FROM JUNE FIRST TO OCTOBER FIRST OF EACH YEAR.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

H. 2331 -- Reps. Pearce and Foxworth: A BILL TO AMEND SECTIONS 48-45-20, 48-45-40, 48-45-50, 48-45-60, 48-45-70, AND 48-45-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SEA GRANT CONSORTIUM, SO AS TO DELETE SECRETARY-TREASURER FROM THE LIST OF OFFICERS REQUIRED, TO CHANGE THE NAME OF SEA GRANT DIRECTOR TO THE CONSORTIUM DIRECTOR, AND TO PROVIDE ADDITIONAL POWERS AND DUTIES FOR HIM, AND TO REPEAL SECTIONS 48-45-30 AND 48-45-90 RELATING TO THE PRINCIPAL OFFICE OF SEA GRANT CONSORTIUM AND TO ASSOCIATE SEA GRANT DIRECTORS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources submitted a favorable report, with amendments, on:

H. 2512 -- Reps. Townsend, Kay, Chamblee and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3- 175 SO AS TO PROVIDE FOR AN AGRIBUSINESS LICENSE AND A SINGLE BOND ISSUED BY THE STATE DEPARTMENT OF AGRICULTURE IN LIEU OF A LICENSE OR PERMIT AND A SEPARATE BOND FOR SEED HANDLERS, DEALERS IN AGRICULTURAL PRODUCTS, PUBLIC WEIGHMASTERS, PESTICIDE DEALERS AND APPLICATORS, AND AGRICULTURAL LIMING MATERIALS DISTRIBUTORS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

H. 2328 -- Reps. Gregory, White, McTeer, Rhoad and Wilder: A BILL TO AMEND SECTION 50-11-986, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING IN GAME ZONE 11, SO AS TO PROVIDE THAT FOXES MAY BE HUNTED AS PROVIDED BY SECTION 50-11-400 INSTEAD OF AS PROVIDED BY SECTION 50-11-750.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 306 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 653, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, J.H. Burriss, Clyborne, Corning and P. Bradley: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING IN HANDICAPPED PARKING PLACES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 45 -- Senators Land, Applegate, Hayes and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 27 SO AS TO ESTABLISH REQUIREMENTS FOR NONPROFIT ORGANIZATIONS TO CLAIM TITLE TO CERTIFIED ABANDONED CULTURAL PROPERTY, TO REQUIRE A PROCEDURE BY WHICH THE ORGANIZATION HOLDING THE PROPERTY MUST MAKE NOTIFICATION IN ORDER TO CLAIM THE PROPERTY, TO ESTABLISH CONDITIONS UNDER WHICH CONSERVATION MEASURES MAY BE TAKEN TO PROVIDE A LIMITATION ON ACTIONS BROUGHT AGAINST ORGANIZATIONS, AND TO PROVIDE FOR THE EXCLUSIVE USE OF THIS CHAPTER TO DISPOSE OF PROPERTY TO WHICH IT APPLIES.

Ordered for consideration tomorrow.

The following was introduced:

H. 2614 -- Agriculture and Natural Resources Committee: A CONCURRENT RESOLUTION TO EXTEND THE ENDORSEMENT AND SUPPORT OF THE GENERAL ASSEMBLY FOR A CONTINUING STATE PROGRAM TO MAKE ALL RESIDENTS OF THE STATE AWARE OF THE LITTER PROBLEM AND TO ORGANIZE SUPPORT TO ELIMINATE AND CONTROL THE PROBLEM AND TO EXPRESS APPRECIATION TO PUBLIC AND PRIVATE ORGANIZATIONS INVOLVED IN THE LITTER CONTROL PROGRAM.

Whereas, litter from all sources is a highly visible problem in South Carolina that adversely affects the scenic beauty, economy, and quality of life for all citizens of the State as well as a visitors and potential residents and investors; and

Whereas, the control of litter has been effectively demonstrated in a number of counties and communities of South Carolina that have organized Keep America Beautiful chapters and other programs and mechanisms to reduce litter; and

Whereas, Governor Richard W. Riley appointed a Task Force on Litter in 1985 that includes representation and support from nine state agencies that have litter-related responsibilities; and

Whereas, the Governor's Task Force has obtained initial financial support totaling one hundred fifty thousand dollars from more than one hundred private sector organizations and has undertaken a number of promotional programs and activities to create public awareness on the litter problem and its solution and has initiated a plan of action to get people, organizations, and agencies in all areas of South Carolina to become directly involved in a comprehensive program to prevent litter; and

Whereas, the "Keep America Beautiful" concept offers a proven successful way to help South Carolina further develop a continuing and permanent mechanism for a comprehensive statewide anti-litter program that will involve coordination and support for existing and new Keep America Beautiful and other programs sponsored by public and private organizations to control and reduce litter. Now, therefore,

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

That the members of the General Assembly endorse and support continuing state programs to make all residents of the State aware of the litter problem and to organize support and participation from individual citizens, businesses, public agencies, and private sector organizations in actions to eliminate and control litter.

Be it further resolved that the necessary leadership be provided by the Governor and the Task Force on Litter to enable South Carolina to coordinate the statewide litter control effort with the national "Keep America Beautiful" program and formalize South Carolina's status as a "Keep America Beautiful" state.

Be it further resolved that strong support be given by all state and local governments and their agencies in the enforcement of all existing laws and regulations involving litter.

Be it further resolved that a state advisory committee for the litter control program be designated to include representatives from Keep America Beautiful chapters, business organizations, South Carolina State Development Board, and other public agencies and private sector organizations involved with litter control programs and the nine agencies on the original Governor's Task Force on Litter, including Department of Corrections, Department of Health and Environmental Control, Department of Education, Educational Television Network, Governor's Community Improvement Board, Department of Highways and Public Transportation, Department of Land Resources, Department of Parks, Recreation and Tourism, Department of Wildlife and Marine Resources.

Be it further resolved that the Department of Parks, Recreation and Tourism be directed to continue to provide administrative support for the State Litter Control Program, including the engagement of a staff litter control coordinator.

Be it further resolved that the members of the General Assembly express their appreciation to the business interests within and without the State who have so generously provided initial contributions toward the litter program, to all organizations and agencies throughout the State that have already organized successful programs and to others who have demonstrated interest in becoming involved with the effort to provide an effective statewide litter control program.

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

The Senate sent to the House the following:

S. 469 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF JOSEPH M. BRADHAM, JR., OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was ordered referred to the Clarendon Delegation.

The Senate sent to the House the following:

S. 470 -- Senators Thomas E. Smith, Jr., Lourie, Martin and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MARCH 25, 1987, AS THE TIME FOR ELECTING SUCCESSORS TO ASSOCIATE JUDGES JOHN P. GARDNER, SEAT 1, AND CURTIS G. SHAW, SEAT 2, OF THE COURT OF APPEALS, WHOSE TERMS EXPIRE JUNE 30, 1987.

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 25, 1987, for the purpose of electing successors to Associate Judges John P. Gardner, Seat 1, and Curtis G. Shaw, Seat 2, of the Court of Appeals, whose terms expire June 30, 1987.

The Concurrent Resolution was ordered placed on the Calendar.

The Senate sent to the House the following:

S. 471 -- Senator Garrison: A CONCURRENT RESOLUTION TO WELCOME THE AMERICAN MOTORCYCLIST ASSOCIATION TO ANDERSON COUNTY ON THE OCCASION OF THE 250/125 NATIONAL MOTORCROSS RACE WHICH IS TO BE HELD ON MAY 30-31, 1987, AT THE SECESSION MOTORCROSS COURSE.

Whereas, for the first time South Carolina has been included on the national circuit of motorcross races; and

Whereas, on May 30-31, 1987, the nation's top dirt bike racers will travel to Anderson County for this prestigious event; and

Whereas, there are only six national sites for these 250/125 races; and

Whereas, four hundred fifty riders are expected to compete in Saturday's amateur event with more than one hundred fifty professionals to compete on Sunday; and

Whereas, the promoter, Howard Burton, expects more than five thousand fans to attend these events. Now, therefore,

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

That the members of the General Assembly welcome the American Motorcyclist Association to Anderson County on the occasion of the 250/125 national motorcross race which is to be held on May 30-31, 1987, at the Secession Motorcross Course.

Be it further resolved that a copy of this resolution be forwarded to Promotor Howard Burton, 409 Brookhaven, Anderson, South Carolina 29624.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

On motion of Rep. MATTOS, with unanimous consent, the following was taken up for immediate consideration:

S. 472 -- Senators Leventis, Horace C. Smith, Holland and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR TO DECLARE MARCH 25, 1987, AS "GREEK INDEPENDENCE DAY: A DAY OF CELEBRATION OF GREEK AND AMERICAN DEMOCRACY" IN SOUTH CAROLINA AND TO ISSUE A PROCLAMATION CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE THE DESIGNATED DAY WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Whereas, the ancient Greeks developed the concept of democracy in which the supreme power to govern was vested in the people; and

Whereas, the Founding Fathers of the United States of America drew heavily upon the political and philosophical experience of ancient Greece in forming our representative democracy; and

Whereas, March 25, 1987, marks the one hundred and sixty-sixth anniversary of the beginning of the revolution which freed the Greek people from the Ottoman Empire; and

Whereas, these and other ideals have forged a close bond between our two nations and their people; and

Whereas, it is proper and desirable to celebrate with the Greek people, and to reaffirm the democratic principles from which our two great nations sprang. Now, therefore,

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

That the members of the General Assembly request the Governor to declare March 25, 1987, as "Greek Independence Day: A day of celebration of Greek and American Democracy" in South Carolina and to issue a proclamation calling upon the people of South Carolina to observe the designated day with appropriate ceremonies and activities.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Carroll A. Campbell, Governor of the State of South Carolina.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 2615 -- Reps. Fair and Hayes: A BILL TO AMEND CHAPTER 41, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO REVISE THE PROVISIONS GOVERNING THE REGULATION OF ABORTIONS BY PROVIDING - FOR- DEFINITIONS; THE REQUIREMENTS FOR THE PERFORMANCE OF AN ABORTION; THE RESPONSIBILITIES OF PHYSICIANS, EMPLOYERS, AND EDUCATIONAL INSTITUTIONS; CIVIL ACTIONS; RESTRICTION OF PUBLIC FUNDS, EMPLOYEES, AND FACILITIES; EXEMPTIONS; AND PENALTIES; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 44-41-60.

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

H. 2616 -- Reps. McGinnis, Whipper, Mappus, Sturkie, McBride, G. Bailey, J.W. McLeod, Baker, Wells, Haskins, Davenport, Williams, M.O. Alexander, Ferguson, Stoddard, Moss, J.W. Johnson, Petty, L. Martin, Day, M.D. Burriss, Altman, Baxley, Cooper, Simpson and Wilder: A BILL TO AMEND SECTION 61-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GRANTING AN ALCOHOLIC BEVERAGE LICENSE TO A PLACE OF BUSINESS WHICH IS WITHIN THREE HUNDRED FEET OF ANY CHURCH, SCHOOL, OR PLAYGROUND SITUATED WITHIN A MUNICIPALITY OR WITHIN FIVE HUNDRED FEET OUTSIDE A MUNICIPALITY, SO AS TO PROHIBIT THE GRANTING OF A LICENSE TO A PLACE OF BUSINESS THAT SELLS ALCOHOLIC LIQUORS OR BEER, ALE, PORTER, WINE, AND OTHER SIMILAR MALT OR FERMENTED BEVERAGES WITHIN FIVE HUNDRED FEET OF ANY CHURCH, SCHOOL, OR PLAYGROUND.

Referred to Committee on Judiciary.

H. 2617 -- Reps. Hodges and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2729 SO AS TO REQUIRE A LICENSE FOR A PERSON WHO ALLOWS THE INSTALLATION OF COIN-OPERATED DEVICES ON HIS BUSINESS PREMISES AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Ways and Means

S. 310 -- Senators Lee, Horace C. Smith and Peeler: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-325 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO SPECIAL ANNUITIES OR TO ADDITIONAL CREDITABLE SERVICE ON ACCOUNT OF THEIR OUT-OF-STATE SERVICE IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ENTITLED REGARDLESS OF WHETHER OR NOT THIS OUT-OF-STATE SERVICE WAS AS A POLICE OFFICER OR IN ANOTHER CAPACITY NOT AS A POLICE OFFICER.

Referred to Committee on Ways and Means.

S. 311 -- Senators Lee, Horace C. Smith and Peeler: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-55 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO CREDIT FOR PRIOR SERVICE TO THE STATE OF SOUTH CAROLINA IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE ENTITLED TO CREDIT FOR THE SAME TYPE OF PRIOR SERVICE UNDER THAT RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

S. 423 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PROVIDE THAT NO BENEFIT PAYABLE PURSUANT TO THAT SECTION IS SUBJECT TO ASSIGNMENT EXCEPT IN THE EVENT OF THE DEATH OF AN INDIVIDUAL ELIGIBLE FOR THE BENEFITS PRESCRIBED IN THE SECTION.

Referred to Committee on Labor, Commerce and Industry.

S. 455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CITY, COUNTY, AND REGIONAL HOUSING AUTHORITY BOND ISSUES FOR MULTIFAMILY HOUSING PROJECTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

I came in after the roll call and was present for the Session on March 5, 1987.

Ken Bailey                        Frank Gilbert
Lenoir Sturkie                    Philip T. Bradley
John D. Bradley, III              T. W. Edwards

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

The SPEAKER granted Rep. WALDROP a temporary leave of absence.

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

Rep. HEARN signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, March 4, 1987.

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

Announcement was made that Lawrence A. Heavrin of Spartanburg is the Doctor of the Day for the General Assembly.

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

S. 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.

The following Bill was taken up.

H. 2102 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-415 SO AS TO REQUIRE THAT THE RESULTS OF A COMPLETE PHYSICAL EXAMINATION OF A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY THE PETITION FOR EMERGENCY ADMISSION TO A MENTAL HEALTH FACILITY.

Rep. P. HARRIS proposed the following Amendment No. 1 (Doc. No. 2621Y), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 44-17-415. Any certification for an emergency admission of a person fifty-five years of age or older who, at the time of the petition, is a patient in a hospital or a resident of a nursing care facility pursuant to Section 44-17-410 must be accompanied by the results of a complete physical examination, including appropriate laboratory work. The physician evaluating the mental condition of the patient shall take into consideration the results of the physical examination to ascertain how the mental and physical treatment needs of the person may best be provided."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 2102 be read the third time tomorrow.

Rep. J.C. JOHNSON moved to adjourn debate upon the following Bill, which was adopted.

H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.

Rep. CORNING 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.

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

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.

The following Bill was taken up.

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.

Rep. AYDLETTE 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, read the second time, and ordered to a third reading:

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.

The following Bill was taken up.

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.

Rep. TAYLOR 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. 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.

Rep. MATTOS 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. 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.

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.

The following Bill was taken up.

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.

Rep. KLAPMAN 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. 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.

Rep. KLAPMAN 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. 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.

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. McBRIDE withdrew his objection to H. 2162 however, other objections remained upon the Bill.

Rep. FOXWORTH withdrew his objection to H. 2526.

Rep. Tucker withdrew his objection to H. 2555 however, other objections remained upon the Bill.

Rep. WILKINS, with unanimous consent, moved to reconsider the vote whereby the Conference Report on the following Bill was adopted, which was agreed to.

S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.

Rep. WILKINS moved to recommit the Conference Report to the Conference Committee, which was agreed to.

Rep. WILKINS moved that the Committee of Conference be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

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

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. TOAL, WILKINS and GREGORY to the Committee of Free Conference and a message was sent to the Senate accordingly.

The following was received.

The General Assembly
Columbia, S. C., March 3, 1987

The Committee Of Free Conference, to whom was referred:
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 15-78-20(c) of the 1976 Code, as added by Act 463 of 1986, is further amended to read:

"(c) (i) As to those causes of action that arise or accrue prior to the effective date of this act, the General Assembly reinstates sovereign immunity on the part of the State, its political subdivisions and employees, while acting within the scope of official duty; provided, however, that sovereign immunity will not bar recovery in any ease filed cause of action arising or accruing on or before the effective date of this act if the defendant maintained liability insurance coverage.

(ii) In such cases involving governmental health care facilities, as defined in Section 15-78-309(j), recovery shall not exceed the limits of the liability insurance coverage up to a maximum recovery of five hundred thousand dollars.

(iii) In all other such cases recovery shall not exceed the limits of the liability insurance coverage.

SECTION 2. In computing the statutory time for filing a claim under Section 15-78-20(c) of the 1976 Code, as amended by Section 1 of this act, the period from July 1, 1986, until the effective date of this act must not be included in computing the applicable statute of limitations."

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

Amend title to conform.

/s/ Isadore E. Lourie             /s/ David H. Wilkins
/s/ James E. Bryan, Jr.           /s/ Jean H. Toal
/s/ Thomas H. Pope, III           /s/ Jackson V. Gregory
On Part of the Senate.              On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 2308 -- Reps. Rudnick, Moss, White, Huff, Sharpe, Koon, Arthur, O. Phillips and Nesbitt: 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.

The motion period was dispensed with on motion of Rep. GREGORY.

Rep. AYDLETTE moved that the House do now adjourn which was rejected by a division vote of 36 to 53.

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

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.

The following Bill was taken up.

H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.

Rep. GREGORY proposed the following Amendment No. 1 (Doc. No. 2653Y), which was adopted.

Amend the bill, as and if amended, in Section 42-9-260 of the 1976 Code, as contained in Section 1 by inserting immediately after /held/ on line 4 of page 2 the following:

/not sooner than ten days and/.

Amend the bill further, as and if amended, in Section 42-17-20 of the 1976 Code, as contained in Section 2, by inserting immediately after /held/ on line 44 of page 2 the following:

/not sooner than ten days and/.

Amend title to conform.

Rep. GREGORY explained the amendment.

Rep. L. MARTIN spoke upon the amendment.

The amendment was then adopted.

Rep. L. MARTIN explained the Bill.

Rep. FELDER requested that the Bill be read.

Rep. SIMPSON raised the Point of Order that the request to have the Bill read was a dilatory request, as there was a copy of the Bill on each member's desk.

The SPEAKER stated that the Constitution provides for the first and third readings of every Bill to be by title only, clearly entitling any member to request that the Bill be read in its entirety on second reading only, and he overruled the Point of Order.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, the reading of the Bill having been ordered.

Rep. WILKINS moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 2159 and the motion was noted.

The Senate returned to the House with concurrence the following:

H. 2570 -- Reps. Lockemy and Kohn: A CONCURRENT RESOLUTION DECLARING MARCH 6 OF EACH YEAR SOUTH CAROLINA TEXAS DAY.

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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