Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for this good State You have given us: for its luminous past, its challenging present, and its promising future. We thank You for hero's valor, patriot's devotion, and the toil and pain by which we have been made great and good and strong. Cause us to use our best to continue our heritage as the mantle of the past now rests upon us. Make us strong in the support of justice, compassionate when there is suffering, generous where there is need, honest in our dealings with others. With thankful hearts for Your goodnesses, we beseech You to take our minds and make them keener; take our spiritual selves and make them more receptive to Your truths.
So may we serve our present age, our calling to fulfill. 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 Friday, the SPEAKER ordered it confirmed.
The following were received.
March 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 718)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning Radioactive Material from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
March 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 764)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning The Practice of Fitting and Selling Hearing Aids from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
March 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 769)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning Definitions, Permit Requirements, and Emission Inventory and Emission from Incinerators from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
March 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 771)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning Shellfish and Water Classification and Standards from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
March 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 778)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning Classified Waters from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
March 10, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 791)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 9, 1987 regulations concerning Licensing from the State of S.C. Auctioneers' Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
March 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 812)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 3, 1987 regulations concerning Emergency Medical Services from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
March 5, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives
Dear Mrs. Shealy:
The South Carolina Department of Health and Environmental Control is hereby resubmitting regulations pertaining to Procedures for Contested Cases, Document Number 571, effective March 3, 1987. These regulations have been submitted to the Judiciary Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., March 5, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference on S. 266 having been adopted by both Houses:
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.
has ordered the Bill enrolled for Ratification.
Very respectfully,
President
No. 4
Received as information.
The following was received.
Columbia, S.C., March 10, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. DAY the invitation was accepted.
The Senate returned to the House with amendments the following:
H. 2119 -- Aiken Delegation: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1988.
The 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.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 148 -- Senators Theodore and Garrison: A BILL TO REPEAL SECTION 47-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF THE POULTRY PRODUCTS INSPECTION LAW TO DOMESTICATED RABBITS.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2080 -- Rep. Kay: A BILL TO AMEND ARTICLE 1 OF CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS CONCERNING PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING SECTIONS 40-47-95 SO AS TO PROVIDE FOR WAIVER FROM REQUIREMENTS REGARDING FLEX EXAMINATION SCORES AND THE NUMBER OF TIMES FOR SITTING FOR THE FLEX EXAMINATION FOR ANYONE WHO HAS RECEIVED AN AMERICAN SPECIALTY BOARD CERTIFICATION IN HIS SPECIALTY AREA WITH RESPECT TO OBTAINING REGULAR, PERMANENT LICENSURE UNDER CHAPTER 47 OF TITLE 40 AND 40-47-97 SO AS TO PROVIDE FOR REGULAR, PERMANENT LICENSURE FOR A NONRESIDENT WHO IS A BOARD-ELIGIBLE PHYSICIAN AND HAS PASSED THE FLEX EXAMINATION UNDER A PROCEDURE ALLOWING HIM TO ESTABLISH RESIDENCE IN SOUTH CAROLINA AND PRACTICE FOR A PERIOD OF FIVE YEARS UNDER A TEMPORARY LICENSE IN A RURAL AREA.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2385 -- Reps. Gregory, White and Short: A BILL TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS; AND TO AMEND SECTION 40-33-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR AN APPLICANT TO BE A REGISTERED NURSE, SO AS TO DELETE FROM THE REQUIREMENTS THAT AN APPLICANT MUST BE IN GOOD PHYSICAL AND MENTAL HEALTH.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
The following was introduced:
H. 2618 -- Reps. Harvin and Felder: A CONCURRENT RESOLUTION TO WISH GENERAL JACK CROSSCOPE OF COLUMBIA, COMMANDER OF THE SOUTH CAROLINA STATE GUARD, A SPEEDY RECOVERY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2619 -- Reps. Gentry, Huff, Jones, Rudnick, Sharpe, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, J.C. Johnson, J.W. Johnson, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Russell, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OUR FORMER COLLEAGUE, THE HONORABLE WILLIAM EARL KNOTTS, JR., CONCERNING THE RECENT DEATH OF HIS MOTHER, MRS. LOU WERTHA KNOTTS, AND EXTENDING SYMPATHY TO ALL OF HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 484 -- Senators Garrison, Peeler and Waddell: A CONCURRENT RESOLUTION TO CONGRATULATE COACH ANNIE TRIBBLE UPON BEING THE ALL-TIME WINNINGEST WOMEN'S COACH IN CLEMSON UNIVERSITY HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 485 -- Senator Garrison: A CONCURRENT RESOLUTION PROCLAIMING 1987 AS THE "YEAR OF THE READER".
Whereas, the ability and opportunity to read are of fundamental importance to everyone; and
Whereas, this Nation's democratic, individualistic tradition depends on a literate, informed citizenry; and
Whereas, the National Commission on Reading, the Librarian of Congress, and others have recently reported that an alarmingly large number of Americans are not able or motivated to read; and
Whereas, the Center for the Book in the Library of Congress has concluded that there is an urgent need to focus national attention on the importance of reading and to strengthen national and local efforts to combat illiteracy; and
Whereas, this nation, built on ideas expressed through books and the printed word, will celebrate the Bicentennial of the Constitution in 1987. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That 1987 is proclaimed as the "Year of the Reader".
Be it further resolved that a copy of this resolution be forwarded to Patricia W. Smith, President, South Carolina Council of the International Reading Association, 492 North Guignard Drive, Sumter, South Carolina 29150.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 492 -- Senator McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WALTERBORO-COLLETON COUNTY RECREATION COMMISSION FOR THE PHENOMENAL SUCCESS AND NOTORIETY IT HAS ACHIEVED THROUGH ITS VARIETY SERIES PROGRAM WHICH RECEIVED THE NATIONAL ARTS AND HUMANITIES AWARD IN 1985 AND A LETTER IN PRAISE OF ITS EFFORTS FROM PRESIDENT RONALD REAGAN, AND TO EXTEND BEST WISHES TO THE COMMISSION AS IT LAUNCHES ITS TWELFTH PRODUCTION, "MUSIC OF THE 60'S", ON MARCH THIRD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 2627 -- Reps. J. Harris, Shelton, T. Rogers, Keyserling and J.H. Burriss: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND THE FIRST FLOOR LOBBY AREA OF THE STATE HOUSE ON THURSDAY, MAY 14, 1987, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives and the first floor lobby area of the State House on Thursday, May 14, 1987, from 5:30 p.m. to 8:30 p.m. for the presentation of the Commission's annual Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House chamber or first floor lobby area on that date and time.
Be it further resolved that authorization for use of the House chamber is subject to cancellation should the House be in regular session on Thursday, May 14, 1987, beyond the hour of 5:30 p.m.
The Resolution was adopted.
On motion of the Aiken Delegation, with unanimous consent, the following was taken up for immediate consideration:
H. 2628 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE HOPE OF THE GENERAL ASSEMBLY THAT THE DUPONT COMPANY WILL CONTINUE ITS OPERATION OF THE SAVANNAH RIVER PLANT AND WILL NOT GIVE UP ITS ROLE IN SOUTH CAROLINA OF BEING AN OUTSTANDING EMPLOYER AND CONTRIBUTOR TO A HEALTHY STATE ECONOMY.
Whereas, recently the DuPont Company has been the subject of speculation that, for certain reasons, it may not renew its nonprofit contract with the federal government in 1989 to continue operation of the Savannah River Plant; and
Whereas, the thirty-year-old Price-Anderson Act, which extends immunity from liability to private contractors involved in the federal government's nuclear weapons program, expires in August, 1987; and
Whereas, this fact has caused reports to surface that DuPont might not renew its contract for operation of the Savannah River Plant; and
Whereas, the contract is scheduled to expire in September, 1989; and
Whereas, DuPont has tried to quell this speculation by indicating that, if the Price-Anderson Act is changed, the company might reconsider renewal of its contract; and
Whereas, DuPont's operation of the Savannah River Plant has been good and the company has been an outstanding employer and has made much-needed contributions to the economy of this State; and
Whereas, it would not be beneficial to all concerned if DuPont gave up, or had to give up, operation of the Savannah River Plant; and
Whereas, it is sincerely hoped that DuPont will stay on in this capacity and that any local or statewide problems which may surface in this matter can be worked out through cooperation and understanding so that DuPont will not have to abandon a role that has worked so well for such a long time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, expresses the sincere hope that the DuPont Company will continue its operation of the Savannah River Plant and will not give up its role in South Carolina of being an outstanding employer and contributor to a healthy state economy.
Be it further resolved that a copy of this resolution be forwarded to the DuPont Company.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
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.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2590 - Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1987, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON TOBACCO AND TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON CERTAIN CIGARS, CIGARETTES, SNUFF, CHEWING TOBACCO, AND SMOKING TOBACCO; TO AMEND SECTION 12-33-230, RELATING TO THE LICENSE TAX FOR THE SALE OF ALCOHOLIC BEVERAGES, SO TO INCREASE THE LICENSE TAX; TO AMEND SECTION 12-7-1910, RELATING TO THE REQUIREMENT FOR INDIVIDUAL TAXPAYERS TO MAKE DECLARATIONS AND PAY ESTIMATED TAXES, SO AS TO EXTEND THE REQUIREMENT TO TRUSTS AND ESTATES AND TO AMEND SECTIONS 12-11-40 AND 12-13-60, RELATING RESPECTIVELY TO BANK AND SAVINGS AND LOAN ASSOCIATION TAXES, SO AS TO REQUIRE THOSE INSTITUTIONS TO MAKE DECLARATIONS OF ESTIMATED TAX AND MAKE ESTIMATED TAX PAYMENTS; TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO DELETE NEWSPRINT PAPER FROM THE EXEMPTION FROM SALES TAX AND TO INCLUDE NEWSPAPERS PUBLISHED THREE TIMES A WEEK OR LESS WITHIN THE EXEMPTION; AND TO AMEND SECTION 12-35-110, RELATING TO THE DEFINITION OF "RETAIL SALE", SO AS TO INCLUDE WITHIN THE DEFINITION THE PURCHASE BY A NEWSPAPER OF NEWSPRINT PAPER; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 61, RELATING TO THE GENERAL PROVISIONS REGARDING THE REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-135 SO AS TO ADD AN ADDITIONAL TAX ON THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES SOLD IN SEALED CONTAINERS OF TWO OUNCES OR LESS; TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX, SO AS TO DELETE THE EXEMPTION ON CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR SOUTH CAROLINA PUBLIC SERVICE COMMISSION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSING OF COIN-OPERATED DEVICES OR MACHINES, SO AS TO INCREASE FROM THREE HUNDRED SIXTY-FIVE TO FIVE HUNDRED FIFTY DOLLARS THE LICENSE ON ANY MACHINE OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE; AND SECTION 12-21-2728, AS AMENDED, RELATING TO OPERATOR'S MACHINES FOR COIN-OPERATED DEVICES, SO AS TO INCREASE FROM ONE TO FIVE THOUSAND DOLLARS THE LICENSE FOR DEVICES DESCRIBED IN SECTION 12-21-2720(3); TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY MUST REMIT FOUR MILLION DOLLARS TO THE STATE GENERAL FUND FOR FISCAL YEAR 1987-88, TO THE EXTENT THAT THIS FUNDING REQUIREMENT DOES NOT VIOLATE THE PROVISIONS OF ANY INDENTURES RELATIVE TO BONDS; AND TO PROVIDE THAT THE STATE AUDITOR SHALL CONDUCT AND AUDIT OR REVIEW OF THE ABOVE TO ENSURE COMPLIANCE WITH THIS PROVISION; TO AMEND SECTION 59-20-50, RELATING TO THE REQUIREMENT THAT TEACHERS' SALARIES BE MAINTAINED AT THE SOUTHEASTERN AVERAGE, SO AS TO PROVIDE THAT THE CALCULATION FOR SOUTH CAROLINA TEACHERS' BASE SALARIES SHALL INCLUDE ALL LOCAL TEACHER SUPPLEMENTS AND ALL INCENTIVE PAY; AND TO AMEND SECTION 12-35-1550, RELATING TO DISPOSITION OF SALES TAX REVENUES, SO AS TO PROVIDE THAT A CERTAIN PERCENTAGE OF THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 FUND MUST BE EXPENDED ANNUALLY IN TEACHERS' SALARIES AND TO PROVIDE THAT THE PERCENTAGE MAY NOT BE CHANCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY; TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION; TO REQUIRE THE DEPARTMENT OF EDUCATION TO COLLECT CERTAIN INFORMATION RELATING TO STUDENT ABSENCES, SUSPENSIONS, AND EXPULSIONS FROM ALL SCHOOL DISTRICT SUPERINTENDENTS FOR CERTAIN GRADES FOR EACH SCHOOL YEAR BEGINNING WITH SCHOOL YEAR 1987-88; TO PROVIDE THAT ANY UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND IN FISCAL YEAR 1987-88 AND IN SUBSEQUENT FISCAL YEARS MUST BE ALLOCATED TO THE SCHOOL BUILDING AID PROGRAM; TO AMEND SECTION 12-7-230, RELATING TO THE INCOME TAX ON CORPORATIONS, SO AS TO PROVIDE THAT REGARDLESS OF ITS NET INCOME SUBJECT TO TAX, A CORPORATION MUST PAY A MINIMUM TAX OF ONE HUNDRED DOLLARS WITH EACH RETURN FILED; TO AMEND SECTION 11-9-880, RELATING TO THE BOARD OF ECONOMIC ADVISORS' FORECASTS OF ECONOMIC CONDITIONS, ADJUSTMENTS TO THOSE FORECASTS, REVIEW OF GENERAL FUND REVENUE COLLECTIONS, AND THE BOARD OF ECONOMIC ADVISORS' REPORT TO THE BUDGET AND CONTROL BOARD, SO AS TO MAKE CHANGES WITH RESPECT TO CERTAIN OF THESE PROVISIONS, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR A REVENUE CAP FORMULA; TO AMEND SECTION 12-21-380, AS AMENDED, RELATING TO TAXES ON INSTRUMENTS OF CONVEYANCE OF REALTY SO AS TO INCREASE THE TAX FROM ONE DOLLAR AND TEN CENTS FOR EACH FIVE HUNDRED DOLLARS OF CONSIDERATION TO ONE DOLLAR AND FORTY-FIVE CENTS FOR EACH FIVE HUNDRED DOLLARS OF CONSIDERATION AND TO PROVIDE THAT THE THIRTY-FIVE CENTS INCREASE MUST BE DEPOSITED TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 12-19-70, RELATING TO THE ANNUAL CORPORATION LICENSE FEES, SO AS TO INCREASE THE ANNUAL LICENSE FEE FROM FIVE TO FIFTEEN DOLLARS AND TO RAISE THE MINIMUM ANNUAL FEE FROM FIFTEEN TO TWENTY-FIVE DOLLARS; TO AMEND SECTION 48-47-175, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL, SO AS TO CHANGE THE AMOUNT OF TAX IMPOSED ON EACH CUBIC FOOT OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF IN THIS STATE FROM FOUR DOLLARS A CUBIC FOOT TO SIX DOLLARS A CUBIC FOOT; TO AMEND SECTION 12-35-90, RELATING TO DEFINITIONS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION OF "RETAILER" AN INSURANCE COMPANY SELLING MOTOR VEHICLES ACQUIRED IN SETTLEMENT OF CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1155 SO AS TO IMPOSE THE SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OF MOTOR VEHICLES ACQUIRED BY INSURANCE COMPANIES IN SETTLEMENT OF CLAIMS; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER OR WINE, SO AS TO INCREASE THE FILING FEE FROM ONE TO TWO HUNDRED DOLLARS AND TO INCREASE THE RETAIL LICENSE FEE FROM ONE HUNDRED TWENTY-FIVE TO TWO HUNDRED DOLLARS; AND TO AMEND SECTION 12-35-518, RELATING TO THE MAXIMUM SALES TAX ON A MOBILE HOME, SO AS TO INCREASE FROM THREE TO FIVE HUNDRED DOLLARS THE MAXIMUM TAX THAT MAY BE LEVIED AND TO DELETE AN ADDITIONAL ONE PERCENT TAX ON THE SALES PRICE IN EXCESS OF SIX THOUSAND DOLLARS; AND TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL).
Without reference.
H. 2620 -- Rep. Altman: A BILL TO AMEND SECTION 12-39-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DATES AUDITORS' OFFICES ARE TO REMAIN OPEN FOR RECEIPT OF RETURNS SO AS TO CHANGE THE DATES FROM JANUARY FIRST TO MARCH FIRST TO FROM JANUARY FIRST TO APRIL FIFTEENTH.
Referred to Committee on Ways and Means.
H. 2621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO EXAMINATION FEE INCREASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 811, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2622 -- Rep. Wilder: A BILL TO CLOSE A PORTION OF GREEN SAVANNAH LAKE ROAD IN BARNWELL COUNTY AND TO TERMINATE ALL RIGHTS, DUTIES, OR RESPONSIBILITIES THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS HAVE IN CONNECTION WITH THIS ROAD AND DEVOLVE THEM ON THE OWNER OF THE PROPERTY ON WHICH THE ROAD IS LOCATED.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 2623 -- Reps. Corning and McCain: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND THE SEPARATE SENTENCING PROCEEDING FOR THE DETERMINATION OF DEATH OR LIFE IMPRISONMENT, SO AS TO CHANGE THE SENTENCING PROCEDURE BY HAVING THE JURY DELIBERATE AND RENDER AN ADVISORY SENTENCE TO THE COURT AND BY HAVING THE COURT DECIDE THE SENTENCE TO BE IMPOSED; AND TO AMEND SECTION 16-3-25, RELATING TO PUNISHMENT FOR MURDER AND REVIEW BY THE SUPREME COURT OF THE IMPOSITION OF THE DEATH PENALTY, SO AS TO CONFORM THE LANGUAGE CONTAINED THEREIN TO THE CHANGES MADE IN SECTION 16-3-20.
Referred to Committee on Judiciary.
H. 2624 -- Rep. Fair: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION ALSO APPLY TO ACCIDENTS WHERE ANY VEHICLE HAS SUSTAINED DAMAGE AND TO INCREASE THE PENALTIES FOR VIOLATING THE PROVISIONS OF THE SECTION, AND TO REPEAL SECTION 56-5-1220, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT WHICH RESULTS ONLY IN DAMAGE TO A VEHICLE.
Referred to Committee on Judiciary.
H. 2625 -- Reps. Wilkins, McElveen, H. Brown, Haskins, Gentry, J.W. Johnson, Arthur, Hendricks, Gregory, Short, D. Martin, Huff, McEachin, Hayes, Baxley, Nettles, Clyborne and Toal: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, BY ADDING SECTION 56-1-365 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, AND TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 2626 -- Reps. P. Harris, J. Harris, Carnell, Sharp, Rudnick and Aydlette: A JOINT RESOLUTION TO PROVIDE THAT APPROPRIATIONS IN SECTION 4 OF PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, FOR COMMITMENTS, ADMISSIONS, AND DISCHARGES TO MENTAL HEALTH FACILITIES BE EXPENDED UNDER THE PROVISIONS OF CHAPTER 52 OF TITLE 44 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
H. 2630 -- Reps. Carnell, J. Bradley, M.D. Burriss, Sturkie, McBride, G. Bailey, Haskins, McAbee, Cooper, Rhoad, Townsend, J.C. Johnson, Waldrop, Corning, Kay, Rice, Tucker, P. Harris, Dangerfield, Mappus, Hearn, Rudnick, Author, Neilson, K. Bailey, McTeer, Simpson, Koon, M.O. Alexander, McGinnis, Baker, Fair, Day, Gilbert, H. Brown, Cork, Barfield, Pearce, Thrailkill and Elliott: A BILL TO AMEND CHAPTER 21 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW, TO DEFINE STATUTORY LAW, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means.
S. 229 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED SEASONS AND SIZE LIMITS ON VARIOUS SPECIES OF FISH, SO AS TO PROVIDE THAT THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY ADOPT BY REGULATION ALL FISHERY REGULATIONS PROMULGATED UNDER PUBLIC LAW 94-265 REGULATING FISHING ACTIVITIES IN THE FISHERY CONSERVATION ZONE ADJACENT TO THE WATERS OF THIS STATE.
Referred to Committee on Agriculture and Natural Resources.
S. 346 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY.
Referred to Committee on Medical, Military, Public, and Municipal Affairs.
S. 387 -- Senator Bryan: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THEIR PROCEEDS MAY BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Without reference.
S. 456 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE PERSONNEL AND GRIEVANCE COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
S. 465 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISED FURLOUGH PROGRAM UNDER THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986, SO AS TO NOT INCLUDE INMATES WITHIN THE PROGRAM WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR HAVE COMMITTED OR ATTEMPTED A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.
Referred to Committee on Judiciary.
S. 466 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-3-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE PRISON OVERCROWDING POWERS ACT, SO AS TO ADD TO THE DEFINITION OF "QUALIFIED PRISONER" THAT THE PRISONER HAS NOT BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.
Referred to Committee on Judiciary.
S. 467 -- Senator Land: A BILL TO REDUCE THE NUMBER OF MAGISTRATES IN LEE COUNTY AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF TWO MAGISTRATES.
Without reference.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 2622 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. 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 Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 10, 1987.
Robert B. Brown John D. Bradley John R. Russell Robert N. McLellan
LEAVE OF ABSENCE
The SPEAKER granted Rep. SHELTON a leave of absence for the week due to illness in the family.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 5, 1987.
Announcement was made that Kenneth W. Smith of Anderson is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 2629 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2610, RELATING TO TORT REFORM, FOR SECOND READING OR OTHER CONSIDERATION ON TUESDAY, MARCH 10, 1987, IMMEDIATELY FOLLOWING THE UNANIMOUS CONSENT PERIOD AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2610 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2610 be set by special order for second reading or other consideration on Tuesday, March 10, 1987, immediately following the unanimous consent request period and continuing each legislative day thereafter immediately following the unanimous consent period until H. 2610 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the House Resolution.
Rep. L. MARTIN moved to table the House Resolution.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Bennett Blackwell Boan Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Foster Foxworth Gilbert Harris, P. Hearn Helmly Holt Kirsh Klapman Koon Mappus Martin, L. McAbee McCain McGinnis Moss Neilson Nesbitt Ogburn Petty Rice Sharpe Simpson Sturkie Thrailkill Townsend Wells Williams
Those who voted in the negative are:
Altman Arthur Bailey, K. Baxley Beasley Blanding Bradley, P. Brown, J. Clyborne Faber Fair Felder Ferguson Gentry Gordon Gregory Harris, J. Harvin Haskins Hawkins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Limehouse Lockemy Martin, D. Mattos McBride McEachin McElveen McLeod, E.B. McLeod, J.W. McTeer Nettles Phillips, L. Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Taylor Toal Tucker Waldrop Washington Whipper White Wilder Wilkins Winstead
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Bennett Blanding Bradley, P. Brown, J. Clyborne Faber Fair Felder Ferguson Gentry Gordon Gregory Harris, J. Harvin Haskins Hawkins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Lewis Limehouse Lockemy Martin, D. Mattos McBride McEachin McElveen McLeod, E.B. McLeod, J.W. McTeer Nettles Phillips, L. Phillips, O. Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barfield Blackwell Boan Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Foster Foxworth Gilbert Harris, P. Hearn Helmly Holt Kirsh Klapman Koon Mappus Martin, L. McAbee McCain McGinnis Nesbitt Ogburn Petty Rice Sharpe Simpson Stoddard Sturkie Thrailkill Wells
So, the Resolution was adopted.
The following was introduced:
H. 2631 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10.5 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE DRESS CODE FOR PAGES AND GUESTS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT SLACKS OR PANTS SUITS ARE APPROPRIATE ATTIRE IN THE HOUSE.
Be it resolved by the House of Representatives:
That the second paragraph of House Rule 10.5 is amended to read:
"Pages and guests of the House shall observe appropriate and dignified attire which shall mean means shirt and tie (with coats optional) for males and dignified dress (meaning dress, or skirt or slacks and blouse, or pants suits) for females. This provision must be enforced by the Speaker."
Rep. TOAL explained the House Resolution.
Pursuant to Rule 4.15 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, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Felder Foster Gentry Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks 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 McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Fair Hodges
So, the Resolution was adopted.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R10) S. 250 -- Senator Lindsay: AN ACT 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, AND THE GOVERNOR MAY DESIGNATE AS A MEMBER IN THEIR STEAD.
(R11) S. 271 -- Senator Waddell: AN ACT 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.
(R12) S. 266 -- Judiciary Committee: AN ACT 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 CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, TO PROVIDE FOR THE LIMITS OF RECOVERY IN THESE CASES WHICH INVOLVE CERTAIN LICENSED HEALTH CARE FACILITIES, AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING THESE CLAIMS MUST BE COMPUTED.
(R13) S. 402 -- Banking and Insurance Committee: AN ACT 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.
(R14) S. 439 -- Senator McGill: AN ACT 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.
(R15) S. 298 -- Senator Bryan: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LAKESIDE COUNTRY CLUB IN LAURENS COUNTY.
(R16) S. 300 -- Senator Bryan: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LONG BRANCH COMMUNITY CENTER INC. IN LAURENS COUNTY.
(R17) S. 354 -- Senator Dennis: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BERKELEY COUNTY L. MENDEL RIVERS MEMORIAL ASSOCIATION IN BERKELEY COUNTY.
(R18) S. 76 -- Senator Williams: AN ACT TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION; AND TO REPEAL CHAPTER 27 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION.
(R19) S. 159 -- Senator Williams: AN ACT TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES IN CIRCUIT COURTS, SO AS TO CHANGE THE REFERENCE TO "RAPE" TO "CRIMINAL SEXUAL CONDUCT" AND ADD ARMED ROBBERY TO THE CRIMES FOR WHICH PEREMPTORY CHALLENGES ARE ENTITLED.
(R20) S. 351 -- Senator Holland: AN ACT TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE TERMS OF THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION TO FOUR YEARS BEGINNING AS PROVIDED IN SECTION 59-19-315 OF THE 1976 CODE AND TO STAGGER THE TERMS OF THE MEMBERS ELECTED IN THE ELECTION IN 1988.
(R21) H. 2443 -- Rep. Toal: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPPORTUNITIES INDUSTRIALIZATION CENTER OF SOUTH CAROLINA, INC.
(R22) H. 2516 -- Reps. McAbee and McLellan: A JOINT RESOLUTION TO PROVIDE FOR PURCHASE BY THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD THROUGH THE INSURANCE RESERVE FUND AND THE STATE TREASURER OF A LIMITED AMOUNT OF NOTES OF THE CLARK'S HILL-RUSSELL AUTHORITY FOR CERTAIN PURPOSES.
(R23) H. 2324 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR PREGNANT AND BREASTFEEDING WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.
(R24) H. 2405 -- Reps. Cooper, Townsend, Kay, Nesbitt, Chamblee, Rhoad, Simpson, Hendricks, L. Martin, T.C. Alexander, McLellan and Snow: A JOINT RESOLUTION TO NAME THE MULTIPURPOSE LIVESTOCK ARENA AT CLEMSON UNIVERSITY THE "T. EDMOND CARRISON ARENA" UPON ITS COMPLETION AND DEDICATION.
(R25) H. 2358 -- Reps. Russell and Hawkins: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FRANCIS LEWIS FARMS AND TRUCKING, INC., IN SPARTANBURG COUNTY.
(R26) H. 2093 -- Rep. Hayes: AN ACT 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.
(R27) H. 2425 -- Rep. Sheheen: AN ACT TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY, SO AS TO CHANGE THE REFERENCE TO DEGREES IN ALLIED HEALTH SCIENCES AND RELATED HEALTH FIELDS TO DEGREES IN HEALTH RELATED PROFESSIONS AND GRADUATE STUDIES IN RELATED HEALTH FIELDS.
(R28) H. 2240 -- Judiciary Committee: AN ACT 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 WITH THE CLERK OF COURT OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED, AND WITH REGARD TO PERSONAL PROPERTY, UNTIL THE THIRD PARTY HAS RECEIVED WRITTEN NOTICE FROM EITHER SPOUSE THAT MARITAL LITIGATION HAS BEEN FILED, AND TO PROVIDE THAT PRIOR RIGHTS AND INTERESTS OF THIRD PARTIES ARE NOT AFFECTED BY THESE FILINGS OR RECEIPTS.
At 12:45 P.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.
Reps. BLACKWELL, O. PHILLIPS, COOPER, J.C. JOHNSON, KLAPMAN, MAPPUS, DAY, J. ARTHUR, FOXWORTH and McEACHIN objected to the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, Feb. 19, by the Committee on Judiciary.
The amendment was then adopted.
Rep. FOXWORTH proposed the following Amendment No. 2.
Amend as and if amended.
Insert on Line 40, after the words "political posters," the following:
It is unlawful for campaign literature or political posters to be placed or distributed within the building wherein a polling place is located.
Reps. WILKINS and FOXWORTH explained the amendment.
Rep. FOXWORTH asked unanimous consent to insert the words "on election day" after the word unlawful, which was agreed to.
Rep. FOXWORTH continued speaking.
Rep. FOSTER moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Bradley, J. Burriss, M.D. Burriss, T.M. Carnell Cooper Cork Edwards Elliott Foster Harris, P. Hearn Jones Kay Kirsh Mappus Martin, L. McAbee Phillips, O. Rice Sharpe Simpson Taylor Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Brown, R. Burriss, J.H. Chamblee Clyborne Dangerfield Davenport Day Derrick Fair Felder Ferguson Gentry Gilbert Gregory Harris, J. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Koon Lewis Limehouse Lockemy Martin, D. Mattos McCain McEachin McElveen McLeod, E.B. McTeer Moss Neilson Nettles Ogburn Petty Phillips, L. Rogers, J. Rudnick Russell Sheheen Short Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Wells Whipper White Wilder Wilkins
So, the House refused to adjourn.
Rep. BLACKWELL moved that the House recede until 2:30 which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 2.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. J. BROWN requested a leave of absence to attend a funeral in Gaffney.
The SPEAKER granted the request.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.
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.
Debate was resumed on Amendment No. 2 by Rep. FOXWORTH.
Rep. FOXWORTH moved to adjourn debate upon the amendment, which was adopted.
Rep. CORNING proposed the following Amendment No. 4 (Doc. No. 2670Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 7-25-180 of the 1976 Code is amended to read:
"Section 7-25-180. It shall be is unlawful on any election day within two hundred feet of the building wherein a polling place is located for any person to display or distribute any type of campaign political literature or place any political posters within two hundred feet of any entrance being used by the electors or within the building wherein a polling place is located. The poll manager shall use every reasonable means to keep the area within two hundred feet of the polling place clear of political literature and displays enforce this restriction, and the county and municipal law enforcement officers shall, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of a polling place being distributed or displayed in violation of this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. WASHINGTON moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 16 to 34.
The question then recurred to the adoption of the amendment, which was agreed to.
Debate was resumed on Amendment No. 2 by Rep. FOXWORTH.
Rep. FOXWORTH moved to table the amendment which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2027 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
Reps. BAKER, CLYBORNE, McCAIN and DAVENPORT objected to the Bill.
Rep. RHOAD moved to adjourn debate upon the following Bill until Tuesday, March 17, 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.
Rep. DAVENPORT moved to adjourn debate upon the following Bill, which was adopted.
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.
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.
Reps. McABEE, FABER, T.M. BURRISS, WILLIAMS and HAWKINS objected to the Bill.
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. SIMPSON explained the Bill.
Reps. TAYLOR, BLANDING and McABEE objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
On motion of Rep. FOXWORTH, with unanimous consent, it was ordered that H. 2267 be read the third time tomorrow.
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.
Reps. BLACKWELL, WILLIAMS, FABER, BLANDING, P. HARRIS, KIRSH, MOSS, BOAN and KLAPMAN objected to the Bill.
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. RUDNICK moved to adjourn debate upon the Bill, which was rejected.
Rep. OGBURN explained the Bill and moved to adjourn debate upon the Bill, which was adopted.
Rep. McLELLAN moved that when the House adjourn the local session on Friday, March 13, it adjourn to convene for statewide business on Monday, March 16, at 2:00 p.m., setting H. 2590 for Special Order regardless of any other Special Orders and to remain the order of business until second and third reading or other disposition is concluded, which was agreed to.
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.
Reps. BLACKWELL, L. MARTIN and THRAILKILL objected to the Bill.
The following Bill was taken up.
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.
Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2531Y), 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 6-9-15. (A) For purposes of this section, 'farm building' means a structure which is constructed on a farm and used directly for farming purposes.
(B) The governing body of a county or municipality shall not enforce that portion of any nationally recognized building code it has adopted which regulates the construction or improvement of a farm building, with the exception of Section 504 of the Standard Building Code.
(C) The provisions of this section do not apply unless prior to constructing a farm building the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm building. The affidavit must include a statement of purpose or intended use of the proposed structure or addition.
(D) This section does not affect the authority of the governing body of a county or municipality to issue building permits prior to the construction or improvement of a farm building."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 2120 be read the third time tomorrow.
The following Bill was taken up.
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.
House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2032Y ).
Amend the bill, as and if amended, by striking items 4 and 5 of Section 48-45-70 as contained in SECTION 5 and inserting:
/4. negotiate funding levels for proposals submitted by member institutions;
4 5. To maintain and control the Sea Grant Director's discretionary fund Provide an accounting to the board of the director's development funds;/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FOXWORTH explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. FOXWORTH having the floor.
Rep. BLACKWELL withdrew his objection to H. 2610.
The motion of Rep. WILKINS to reconsider the vote whereby the House concurred in the Senate amendments to the following Bill was taken up and agreed to.
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. TOAL, with unanimous consent, moved to reconsider the vote whereby H. 2196 was given a second reading and the motion was noted.
On motion of Rep. L. PHILLIPS, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Senate.
S. 485 -- Senator Garrison: A CONCURRENT RESOLUTION PROCLAIMING 1987 AS THE "YEAR OF THE READER".
Rep. L. PHILLIPS moved to reconsider the vote whereby S. 485 was adopted and the motion was noted.
On motion of Rep. BOAN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Lancaster Delegation.
S. 442 -- Senator Hinson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA PARKS, RECREATION AND TOURISM COMMISSION TO NAME THE NEW AMPHITHEATER AT THE ANDREW JACKSON STATE PARK IN HONOR OF JOSEPH H. CROXTON.
Rep. CORNING asked unanimous consent to have his name added as a co-sponsor to H. 2422, which was agreed to.
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. L. MARTIN proposed the following Amendment No. 1 (Doc. No. 2771Y), which was tabled.
Amend the bill, as and if amended, by striking Section 15-33-135, as contained in PART I, SECTION 4, page 5, beginning on line 15, and inserting:
/Section 15-33-135. Punitive damages are intended to punish a tortfeasor and to set him up as an example for his wrongful act. A party is entitled to an award of punitive damages when the party proves by clear and convincing evidence that acts or omissions in the conduct of the tortfeasor constitute one or more of the following: fraud, malice, oppression, conscious disregard for the rights or safety of persons or property, or the intentional disregard or invasion of a person's rights. Any punitive damages awarded must bear a reasonable relationship to the actual damages awarded.
In no case may punitive damages be assessed where actual damages are not found by the trier of fact, except in cases where the actual damages may be presumed or nominal damages are appropriately awarded./.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. SIMPSON spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Blanding Bradley, J. Brown, R. Carnell Chamblee Clyborne Cooper Day Faber Fair Felder Ferguson Foster Gentry Gilbert Harvin Haskins Hawkins Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Lewis Limehouse Lockemy Martin, D. Mattos McEachin McElveen McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Stoddard Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Baker Barfield Blackwell Boan Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Corning Dangerfield Davenport Derrick Elliott Foxworth Hearn Helmly Hendricks Kirsh Klapman Koon Mappus Martin, L. McAbee McCain McGinnis Sharpe Simpson Sturkie Thrailkill Wells Williams
So, the amendment was tabled.
The SPEAKER granted Rep. CARNELL a leave of absence for the remainder of the day due to a death in the family.
Rep. L. MARTIN proposed the following Amendment No. 2 (Doc. No. 2773Y), which was tabled.
Amend the bill, as and if amended, by striking PART V, page 14, beginning on line 1, and inserting:
SECTION 18. Chapter 35 of Title 15 of the 1976 Code is amended by adding:
"Section 15-35-45. (A) In all civil actions where more than one defendant may be liable, Judgments must be entered severally and not jointly against each defendant. Each defendant is liable only for that portion of the total dollar amount awarded as damages to the claimant in the proportion that the damages causally attributable to the defendant bear to the amount of damages causally attributable to all parties found liable to plaintiff. These findings must be made by special interrogatories submitted to the jury or by the court if tried without a jury. In determining the percentages of fault allocable to each party, the trier of fact shall consider the nature of each party's legal obligation, the nature and quality of the party's conduct and the nature and proximate cause of that conduct, and the injury.
(B) Subject to rules of procedure and lawful defenses, any party may cause joinder as a party defendant of any entity claimed to be causally responsible for some percentage of plaintiff's damages.
(C) Except where a contractual relationship otherwise permits, no defendant who has made a settlement with the plaintiff or against whom an award has been made pursuant to law has a right to recover any portion of the percentage of this cause of plaintiff's damages from any other defendant or entity.
(D) (1) The trial court shall set off against the plaintiff's judgment the amount of any settlements made by plaintiff resulting from the occurrence.
(2) Any person settling in good faith with a plaintiff at any time before the verdict is returned by the trier of fact has no further liability in the cause to any party upon proof of the settlement agreement."
SECTION 19. This act takes effect upon approval by the Governor and applies to those causes of action arising or accruing on or after the effective date of this act./.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. FAIR spoke in favor of the amendment.
Reps. J.W. JOHNSON and J. BRADLEY spoke against the amendment.
Rep. J.W. JOHNSON moved to table the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, G. Bailey, K. Baxley Beasley Blackwell Blanding Bradley, J. Bradley, P. Brown, C. Brown, R. Chamblee Clyborne Cooper Day Faber Felder Ferguson Foster Gentry Gilbert Gregory Harvin Haskins Hawkins Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Lewis Limehouse Martin, D. Mattos McEachin McElveen McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Stoddard Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilkins Williams
Those who voted in the negative are:
Alexander, M. O. Alexander, T.C. Altman Baker Barfield Boan Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Corning Dangerfield Davenport Derrick Elliott Fair Foxworth Harris, P. Hearn Helmly Hendricks Kirsh Koon Lockemy Mappus Martin, L. McAbee McCain McGinnis McLellan Ogburn Sharpe Simpson Thrailkill Wells Wilder
So, the amendment was tabled.
Rep. L. MARTIN proposed the following Amendment No. 3 (Doc. No. 2772Y), which was tabled.
Amend the bill, as and if amended, by striking Section 15-1-300(C), as contained in PART II, SECTION 5, page 6, beginning on line 27, and inserting:
/(C) Each defendant is jointly and severally liable for the entire amount of the judgement awarded the claimant, after appropriate deductions as outlined above, except that a defendant whose negligence or fault is twenty-five Percent or less of the overall negligence or fault of all parties, or nonparties, is liable to the claimant only for that portion of the judgement that represents the percentage of negligence or fault attributable to him./.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Baxley Beasley Blackwell Blanding Bradley, J. Brown, G. Brown, R. Chamblee Clyborne Cooper Day Faber Felder Foster Gentry Gilbert Gregory Harvin Haskins Hawkins Hayes Hodges Huff Johnson, J. C. Johnson, J.W. Jones Keyserling Lewis Limehouse Martin, D. Mattos McEachin McElveen McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Stoddard Taylor Toal Townsend Tucker Washington Whipper White Wilkins Williams
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Barfield Boan Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Corning Dangerfield Davenport Derrick Elliott Fair Foxworth Harris, P. Hearn Helmly Hendricks Kirsh Klapman Koon Lockemy Mappus Martin, L. McAbee McCain McGinnis McLellan Moss Ogburn Rhoad Sharpe Simpson Thrailkill Wells Wilder
So, the amendment was tabled.
Rep. J. BRADLEY proposed the following Amendment No. 4, which was tabled.
Amend as and if amended, by deleting subsection (8), Section 1, Part I, page 3.
Amend to conform.
Rep. J. BRADLEY explained the amendment.
Rep. HAYES spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 5, which was tabled.
Amend as and if amended, Section 15-73-20 on page 7 to delete the language in lines 18-21, "if this unreasonable use was equal to or the greater cause of the injury as compared to the fault of the seller of the defective product."
Rep. CORNING explained the amendment.
Rep. TOAL spoke against the amendment.
Rep. SIMPSON moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Boan Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Gilbert Hearn Jones Kirsh Koon Martin, L. Sharpe Simpson Thrailkill Whipper White Williams
Those who voted in the negative are:
Alexander, M. O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Baxley Blackwell Blanding Brown, H. Brown, R. Chamblee Clyborne Cooper Dangerfield Davenport Derrick Elliott Faber Foxworth Gentry Gregory Harris, P. Harvin Haskins Hawkins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Lewis Limehouse Lockemy Mappus Martin, D. Mattos McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Phillips, L. Phillips, O. Rudnick Russell Sheheen Short Stoddard Taylor Townsend Tucker Waldrop Washington Wells Wilkins Winstead
So, the House refused to adjourn.
Rep. CORNING spoke in favor of the amendment. Rep. TOAL moved to table the amendment. Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Bailey, G. Bailey, K. Baker Baxley Blackwell Blanding Bradley, J. Brown, H. Brown, R. Chamblee Clyborne Cooper Faber Felder Ferguson Gentry Gilbert Gregory Harvin Haskins Hawkins Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Lewis Limehouse Lockemy Martin, D. Mattos McEachin McElveen McLeod, E.B. McTeer Neilson Nesbitt Nettles Phillips, O. Rhoad Rice Rogers, T. Rudnick Russell Sheheen Short Stoddard Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilkins Williams
Those who voted in the negative are:
Alexander, T.C. Altman Barfield Boan Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Corning Dangerfield Davenport Day Derrick Elliott Foxworth Hearn Kirsh Klapman Koon Mappus Martin, L. McAbee McCain McGinnis McLellan Moss Phillips, L. Sharpe Simpson Thrailkill Wells
So, the amendment was tabled.
Rep. J. BRADLEY proposed the following Amendment No. 6, which was adopted.
Amend as and if amended, by adding the following section to be numbered appropriately.
The South Carolina Dept. of Insurance shall review all forms of insurance covered by any section of this bill within 1 year of the affective date and shall order appropriate rate reductions as may appear to the Chief Insurance Commissioner.
Amend to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. TOAL raised the Point of Order that the motion to commit the Bill was out of order as the Bill was under Special Order consideration.
The SPEAKER stated that the motion was in order, and he overruled the Point of Order.
The question then recurred to the motion to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. WILKINS moved to table the motion.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Baxley Beasley Blackwell Brown, H. Brown, R. Burriss, J.H. Chamblee Clyborne Derrick Faber Felder Ferguson Foxworth Gentry Gregory Harris, J. Harvin Haskins Hawkins Hayes Helmly Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Koon Lewis Limehouse Lockemy Martin, D. Mattos McEachin McElveen McGinnis McLeod, E.B. McTeer Nettles Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Stoddard Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Altman Baker Barfield Boan Bradley, J. Bradley, P. Brown, G. Burriss, M.D. Burriss, T.M. Cooper Cork Corning Dangerfield Davenport Elliott Harris, P. Hearn Hendricks Jones Kay Kirsh Mappus Martin, L. McAbee McCain McLellan McLeod, J.W. Moss Neilson Nesbitt Ogburn Sharpe Simpson Thrailkill Wells Winstead
So, the motion to table was agreed to.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. L. MARTIN moved to table the Bill.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Cooper Cork Dangerfield Davenport Elliott Foxworth Gilbert Harris, P. Koon Mappus Martin, L. McAbee McCain Ogburn Thrailkill
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Corning Day Derrick Felder Ferguson Gentry Gregory Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Lewis Limehouse Martin, D. Mattos McEachin McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Simpson Stoddard Toal Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
So, the House refused to table the Bill.
Reps. L. MARTIN and ELLIOTT spoke against the Bill.
The question then recurred to the passage of the Bill.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baxley Beasley Blackwell Blanding Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Corning Day Felder Ferguson Gentry Gregory Harris, J. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Lewis Limehouse Martin, D. Mattos McEachin McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Stoddard Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Bailey, G. Baker Barfield Boan Brown, G. Cooper Cork Dangerfield Davenport Derrick Elliott Fair Foxworth Gilbert Harris, P. Helmly Kirsh Koon Lockemy Mappus Martin, L. McAbee McCain McLellan Phillips, L. Sharpe Simpson Thrailkill Waldrop
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to reconsider the vote whereby the Bill, as amended, was given a second reading.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baker Barfield Blackwell Boan Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Cork Dangerfield Davenport Elliott Hearn Helmly Jones Kay Kirsh Klapman Mappus Martin, L. McAbee McLellan Sharpe Simpson Thrailkill Waldrop Wells Williams
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Blanding Brown, H. Brown, R. Chamblee Clyborne Derrick Fair Felder Ferguson Gentry Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Lewis Limehouse Lockemy Martin, D. Mattos McEachin McElveen McGinnis McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sheheen Short Stoddard Toal Townsend Tucker Washington Whipper White Wilder Wilkins Winstead
So, the House refused to adjourn.
Rep. J.W. JOHNSON moved to table the motion to reconsider, which was agreed to.
The following Bill was taken up.
H. 2162 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTIONS 7-15-310 AND 7-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO AMEND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AUNTS, UNCLES, NIECES, AND NEPHEWS; AND TO PROVIDE THAT THE ENVELOPE IN WHICH A VOTER PLACES AN ABSENTEE BALLOT MUST BE MARKED "BALLOT HEREIN", TO PROVIDE THAT THE ENVELOPE MAY BE DELIVERED PERSONALLY, BY MAIL, OR BY AN AUTHORIZED PERSON, AND TO PROVIDE A PROCEDURE FOR DELIVERY BY AN AUTHORIZED PERSON.
The question then recurred to the passage of the Bill.
Rep. CORNING demanded the yeas and nays, which were not ordered.
The Bill was read the third time and ordered sent to the Senate by a division vote of 48 to 12.
Rep. HASKINS moved that the House do now adjourn.
Rep. DAVENPORT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The following Concurrent Resolution was taken up.
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, 1 987.
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 adopted and ordered returned to the Senate.
The motion of Rep. L. PHILLIPS to reconsider the vote whereby the following Concurrent Resolution was adopted, was taken up and agreed to.
S. 485 -- Senator Garrison: A CONCURRENT RESOLUTION PROCLAIMING 1987 AS THE "YEAR OF THE READER".
Rep. L. PHILLIPS proposed the following Amendment No. 1 (Doc. No. 2733Y), which was adopted.
Amend the Resolution, as and if amended, by striking the last line of page 1 and lines through 4 on page 2 and inserting:
/Be it further resolved that a copy of this resolution be forwarded to Judy Humphries, President, South Carolina Council of the International Reading Association, P. O. Drawer 10072, Rock Hill, South Carolina 29731; and Patricia W. Smith, President-Elect of the South Carolina Council of the International Reading Association, 492 North Guignard Drive, Sumter, South Carolina 29150./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
Rep. McEACHIN moved that the House adjourn in observance of the First Annual South Carolina Texas Day, March 6th, which was adopted.
The Senate returned to the House with concurrence the following:
H. 2618 -- Reps. Harvin and Felder: A CONCURRENT RESOLUTION TO WISH GENERAL JACK CROSSCOPE OF COLUMBIA, COMMANDER OF THE SOUTH CAROLINA STATE GUARD, A SPEEDY RECOVERY.
H. 2619 -- Reps. Gentry, Huff, Jones, Rudnick, Sharpe, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, J.C. Johnson, J.W. Johnson, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Russell, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OUR FORMER COLLEAGUE, THE HONORABLE WILLIAM EARL KNOTTS, JR., CONCERNING THE RECENT DEATH OF HIS MOTHER, MRS. LOU WERTHA KNOTTS, AND EXTENDING SYMPATHY TO ALL OF HER FAMILY AND MANY FRIENDS.
At 4:50 P.M. the House in accordance with the motion of Rep. McEACHIN adjourned in observance of the First Annual South Carolina Texas Day to meet at 10:00 A.M. tomorrow.
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